RESIDENTS up in arms over the progression of plans to convert an existing property into a HMO are considering legal action.
As previously reported, an application had been submitted to Warrington Borough Council’s planning department seeking a section 192 certificate.
This was for number 124 St Mary Street in Latchford, with applicant George John Read Properties Ltd applying for a change of use to convert the building to a six-bed HMO.
The council considered the plans and allowed the application to go ahead.
But residents are angry over the decision and are considering next steps to prevent the plans from coming to fruition.
Louise Murphy, a life-long Latchford resident, said: “We feel extremely disappointed, let down and worried about the future of our community.
“The council has simply ignored the community’s view and legal restriction on the land registry title deed, which states this property should be used as a single dwelling house.
“Restrictive covenants are binding conditions that are written into a property’s deeds or contract by a seller, to determine what a homeowner can or cannot do with their house or land under particular circumstances.
“Why then has the council ignored this? It begs the question, does the council think it is above the law?
“We have emailed the local councillor, are taking legal advice and are considering a judicial review of the council's decision.
“The council's legal team have been given notice of our intentions, and we await their reply.
Objections were made over the restrictive covenant, parking issues, an overconcentration of HMOs in the area, the loss of an affordable family homes in Warrington and concerns regarding rubbish and anti-social behaviour.
In her letter of objection, Louise said: “This area of Latchford has a thriving community spirit deep rooted in families. The views of the community should matter.
“We have collected a petition of residents who live in the close vicinity of this property, and all object. We have not spoken to one resident that supports this application.
A council spokesman said: “We received an application concerning the conversion of a property on St Mary Street in Latchford to a six-bed HMO.
“Our planning team considered the plans and has issued a certificate of lawfulness. This decision is available to view on our website.
““The application looked to confirm whether the proposal complied with the permitted development rights, as outlined in legislation, and therefore does not require planning permission.
“In this case, it was confirmed that planning permission would not be required.
“We have since been contacted regarding potential legal action relating to this matter, and we are unable to comment further at this time.”
Documents submitted as part of the application stated: “The building is currently in good structural condition.
“But it has been left for some years without the provision of any basic maintenance, and as a result, deterioration of the internal finishes was evident on inspection.
“In light of this, and in consideration of bringing back the property to life and providing multiple residential accommodation, it has been proposed to refurbish and alter the existing building to meet the needs of future tenants and to improve the external appearance of the property.
“All works, including bedroom sizes and layouts, will be in accordance with Warrington Borough Council’s HMO standards guidance note.”
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