Re: Planning permission should or should not be seeked for class C4 shared

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 13 Years ago.

Planning permission should or should not be seeked for class C4 shared hous

I have a house which is given on rent since last 10 years to six different people. I have extended my house utility area in October 2009 and partitioned 2 new rooms and I was asked to apply for planning permission for 8 people which I did. My planning application was refused. I had several meetings with Planning Officer on the said subject. Planning Officer has given me three options, which goes under: 1. Appeal against the decision. 2. Convert my house into 2 flats 3. Reduce number of people to 6. In January 2010, I reduced the number of people to 6 and informed the Planning Officer and also the Borough Council. Now Planning Officer advised that you still need to apply for planning permission for 6 people because of the new law (for class C4 - 6th April, 2010). My argument is when I have reduced the number of people to 6 (hence my property is back in previous existing state) than why should I need to get planning permission now for class C4?

Former Member, modified 13 Years ago.

Re: Planning permission should or should not be seeked for class C4 shared

I need responses please.

Former Member, modified 13 Years ago.

Re: Planning permission should or should not be seeked for class C4 shared

you could apply for a certificate of lawful use, as long as you can demonstrate that the property was let for 6 people not forming a single household for a minimum of 10 years

Former Member, modified 13 Years ago.

Re: Planning permission should or should not be seeked for class C4 shared

The legislation is not retrospective so no permission is required in my opinion. In any event , as you are aware, the coalition govt. is looking to make further changes and their proposals will mean that any change of use between dwellinghouses and small HMOs will be able to happen without planning permission unless the local council believes there is a problem with such development in a particular area in which case they will be able to make an Article 4 direction.

Former Member, modified 13 Years ago.

Re: Planning permission should or should not be seeked for class C4 shared

What happen if landlord want to live in the house alongwith tenants. Does class C4 or any other planning permission is required in this scenario in case of 6 tenants already residing in the house?

Former Member, modified 13 Years ago.

Re: Planning permission should or should not be seeked for class C4 shared

Faiz You will require planning permission. This is because there will be 7 people in the house. It will therefore fall outside the C4 use class and become a larger HMO which is a "sui generis" use. (like your refused planning application for 8 persons). That is to say, in a use class all of its own. If you have exhausted the dialogue with your planning dept. then you should now be seeking independent advice from a planning consultant in your area as to which is the best way to proceed with the matter.

Former Member, modified 13 Years ago.

Re: Planning permission should or should not be seeked for class C4 shared

"What happen if landlord want to live in the house alongwith tenants. Does class C4 or any other planning permission is required in this scenario in case of 6 tenants already residing in the house? " (posted by Faiz) The 6th April 2010 planning act changes re C4 talks about occupancy (not tenancy) - So living with lodgers is still affected by this legislation (i.e. if you had more than two independant lodgers in the house with you, then you may need to apply for planning permission). I second Martin Levick's comment: "If you have exhausted the dialogue with your planning dept. then you should now be seeking independent advice from a planning consultant in your area as to which is the best way to proceed with the matter. "