The High Court has handed down judgment in Sentinel Estates Limited v. Secretary of State for Housing, Communities and Local Government [2026] EWHC 1122 (Admin), dismissing an appeal against the upholding of a planning enforcement notice. The case raises an important point of statutory construction concerning immunity periods under the Town and Country Planning Act 1990.
The London Borough of Brent issued an enforcement notice in 2023 alleging an unauthorised change of use of a property in Wembley from two flats to a house in multiple occupation (HMO). A planning inspector upheld the notice, and the appellant challenged that decision in the High Court. The central issue was whether the four-year immunity period in section 171B(2) – applicable to a change of use “to use as a single dwellinghouse” – extends to a change of use to an HMO. The Secretary of State argued that it does not, and that the appellant should not be permitted to raise the point at all, having conceded before the inspector that the ten-year period applied.
Neil Cameron KC, sitting as a Deputy High Court Judge, agreed with the Secretary of State on both grounds. On the procedural question, the court held that the four-year argument was a new point, and that permitting it would have required the inspector to consider the “second bite” provisions in section 171B(4), meaning the proceedings below would have been conducted differently. Having dismissed the appeal on this basis, the Judge nevertheless went on to express a view on the statutory interpretation issue. The Judge found in favour of the Secretary of State holding that the word “single” in section 171B(2) qualifies the use of the dwellinghouse and can be contrasted with “multiple.” Use as an HMO falls outside the phrase “use as a single dwellinghouse.” The court also found the 1968 Parliamentary debate sufficiently clear to meet the Pepper v. Hart threshold, confirming that the provision was not intended to benefit changes of use to multi-occupation. Accordingly, change of use to an HMO will fall under the 10-year rule.
The Secretary of State was represented by Ben Fullbrook and Louise McCormack.