Failed appeal means 15 flats built in Dudley without planning permission must go
A man has been told he must rip out 15 flats in Dudley after they were constructed without planning permission.
The Planning Inspectorate rejected an appeal from Zakir Shah against enforcement notices issued by Dudley Council.
The council issued the enforcement notices on three houses in Tipton Road where the self-contained units had been created.
The notices instructed the cessation of the use of the properties as flats and ordered they be returned to their previous state as dwelling houses.
One house contained seven flats while two other houses had each been converted to four flats.
The notice required the removal of all fixtures and fittings including kitchens, bathrooms, independent electrical supplies and internal walls.
All waste and debris as a result of the work ordered by the council is also to be cleared.
The council issued the notices in August 2025 and an appeal was lodged the following month.
The appellant argued the flats at 10 Tipton Road did have planning permission, however planning inspector Simon Hand concluded no evidence had been provided to show the flats had permission.
Mr Hand also found the council had provided "convincing evidence" the conversion to flats had taken place.
The other buildings affected were 11 and 12 Tipton Road, where the appellant claimed no conversion to flats had taken place.
Mr Hand said: “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.”
The appellant has 90 days from the date of the decision by the inspector to comply.
Failure to comply with an enforcement notice is a criminal offence which can be tried either in the magistrates court or crown court.
Magistrates can impose a maximum penalty for ignoring an enforcement notice of £20,000 while the fine in crown court is unlimited.
Courts can also confiscate any income from non-compliance of a notice and councils can remove the cause of the notice and recover the costs from the subject of the notice.
