Substantial proceeds of crime order for illegal property conversion in Westminster 

Tuesday, November 5th, 2024 - Westminster City Council

Freehold company HAAB Development Limited and company director Sheikh Behaeddin Adil have pleaded guilty for failing to comply with a planning enforcement notice for a property in the Queen’s Park Estate Conservation Area in North Paddington.

At the sentencing hearing at Southwark Crown Court on 10 September 2024, HAAB Development Limited and the director of the company, Mr Adil were ordered to pay £415,101.13 for criminal conduct under the Proceeds of Crime Act, within three months.

Westminster’s Planning Enforcement Team inspected the property in Harrow Road in May 2015 after receiving a complaint about a first floor extension. Officers found the property had been converted from a shop with three residential flats above, to a shop with seven inadequately sized studio and one-bedroom flats. The unauthorised work included rear extensions to the ground and first floors as well as many internal rearrangements.

Westminster City Council issued a planning enforcement notice in April 2016 with a requirement to remove the unauthorised works and convert the property back to its previous use by 18 November 2016.

By January 2020, the requirements of the enforcement notice had still not been complied with so Westminster City Council decided to prosecute the freehold company and its director.

The planning enforcement notice was finally complied with in February 2023, with the company and director contesting the prosecution claiming that they were not aware of the council’s concerns, despite employing a planning agent to respond to the council’s concerns as early as October 2015.

Following the sentencing hearing on 10 September 2024, each party was fined £9,750 and ordered to pay £25,000 costs within 3 months. This is in addition to the proceeds of crime order.

Cllr Geoff Barraclough, Westminster’s Cabinet Member for Planning and Economic Development said:

“Planning Enforcement is there to protect and prevent harm to our historic built environment such as the much loved Queens Park Conservation Area.

“We are clear that enforcement notices will be served and must be complied with if a building owner goes ahead with development without getting planning permission first.“I welcome this verdict, and the proceeds of crime order, as a warning to others and a reminder that Westminster Council is committed to protecting our city from unscrupulous property developers.”

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