Westminster City Council Successful in Significant Hotel/Hostel Renewed Appeal Inquiry

Westminster Council has succeeded in demonstrating that the use of an hotel in Westbourne Terrace had materially changed its use to a mixed hotel and hostel.

The first appeal decision dated 13 January 2013 was challenged in the High Court and Court of Appeal where the challenge succeeded.  In that case, the inspector had concluded that despite many hostel type features, the use was nonetheless that of a hotel.  The Council challenged this conclusion on various grounds including that such a decision was perverse.

The Court of Appeal agreed that the inspector had misled herself and applied an “exclusivity” test which did not exist in planning law.  She had therefore erred in law. The Court of Appeal also agreed that the inspector had failed to have regard to a relevant consideration, namely off site impacts of the use such as noise and disturbance on residential amenties, when considering whether the character of the use had materially changed.  This was a further error of law.  The Court of Appeal also considered that, in the alternative, the inspector’s reasons were seriously inadequate and the claim would have been bound to succeed on this ground too.

The matter was remitted back to the Secretary of State for re-hearing and determination in accordance with the opinion of the Court.

The renewed appeal was heard by way of public inquiry and the inspector upheld the enforcement notice concluding that having regard to the characteristics of the use, a material change of use had occurred and that planning permission for the mixed hotel and hostel use should not be granted.

This is an important decision having regard to the fine line between hotels and hostels and the proliferation of low budget hotels.  This decision demonstrates that there is a distinction and that the mere fact that both uses may provide accommodation at a low cost does not mean that the two uses can be alided.  The use classes order itself creates a distinction and it is necessary to consider the particular factors in each case.

A copy of the renewed appeal decision can be found here.

Saira Kabir Sheikh QC  represented Westminster City Council at the renewed planning  Inquiry, at the first planning inquiry, High Court and together with Isabella Tafur in the Court of Appeal.