Dudley landlord ordered to demolish 15 unauthorised flats after failed appeal
A property owner in Dudley has been instructed to dismantle 15 flats that were constructed without the necessary planning permission, following a rejected appeal to the Planning Inspectorate. The enforcement notices, originally issued by Dudley Council in August 2025, mandate the complete removal of the unauthorised units and restoration of the properties to their original state as single dwelling houses.
Council enforcement upheld by planning inspector
The case centres on three houses located on Tipton Road, where the owner, Zakir Shah, had converted the properties into self-contained flats. One house contained seven flats, while the other two each had four flats. Dudley Council took action after discovering the conversions lacked proper planning approval, issuing enforcement notices that required the cessation of use as flats and the removal of all associated fixtures and fittings.
These fixtures include kitchens, bathrooms, independent electrical supplies, and internal walls. Additionally, the owner must clear all waste and debris resulting from the demolition work. The council's decision was appealed in September 2025, but planning inspector Simon Hand recently dismissed the appeal, siding with the local authority.
Inspector finds no evidence for planning permission
During the appeal process, Mr. Shah argued that the flats at number 10 Tipton Road did have planning permission. However, inspector Simon Hand concluded that no evidence was provided to support this claim. He noted that the council had presented convincing evidence demonstrating the conversion had indeed taken place.
For the other properties at numbers 11 and 12 Tipton Road, the appellant claimed no conversion to flats had occurred. Mr. Hand countered this by stating, "Again the council have provided detailed evidence that the conversion has taken place and that the flats are self-contained. No counter evidence has been provided by the appellant so both appeals must fail."
Legal consequences and compliance deadline
The appellant now has 90 days from the date of the inspector's decision to comply with the enforcement notice. Failure to do so constitutes a criminal offence, which can be prosecuted in either magistrates' court or crown court. Penalties for ignoring an enforcement notice are severe: magistrates can impose fines of up to £20,000, while crown courts have unlimited fining powers.
Courts also have the authority to confiscate any income generated from the non-compliant use of the properties. Furthermore, Dudley Council reserves the right to carry out the necessary removal work themselves and recover all associated costs from the property owner.
This case underscores the importance of adhering to planning regulations and the robust enforcement mechanisms available to local authorities to address unauthorised developments.
