Company that turned Luton office block into unauthorised flats refused right to appeal

A company which turned an office block in Luton into unauthorised and substandard flats has had its application dismissed by the Court of Appeal.

Chubb House, now called Shire, on Dallow Road was converted into around 109 residential flats in late 2019 by the owner, Devonhurst Investment Ltd. A statement from Luton Council said: “Whilst prior approval was granted for the conversion, the developers did not implement this in accordance with the requirements, making the use as accommodation unauthorised.” The flats were deemed substandard with no ventilation or natural light.

Luton Council issued a planning enforcement notice in February 2022 to stop the use of the unauthorised flats and reverse the changes. The owner applied to the High Court for it to quash the notice, claiming the council had made mistakes when making its decision to issue it.

Earlier this year, High Court heard the case and the judgement was in the council’s favour with all claims against the council dismissed. The council said the owner made an application seeking permission to appeal the decision.

On June 27, the Court of Appeal dismissed this. The owner has also appealed against the content of the notice to the Planning Inspectorate and this appeal is due to be scheduled.

Issuing a statement, Luton Council said: “The current occupants of the flats, mostly placed by London Local Authorities, are largely vulnerable people and the council’s anti-social team, safeguarding and Bedfordshire Police have had regular involvement.”

Cllr Javed Hussain, portfolio holder responsible for planning at Luton Council, was plead that the Court of Appeal has upheld their decision to issue the notice. He said: “Not only did they carry out development which wasn’t in accordance with the plans and not in the correct time period but they then went on to house vulnerable people in this substandard accommodation.

“We hope this demonstrates how seriously we take breaches of planning law and that we will do all we can to protect the welfare and safety of residents”.

The council said it will be making contact with those local authorities in London, who have made unauthorised placements, to get more appropriate accommodation. The council has also asked the owner to pay its legal costs.