"In use" on a retrospective application.
We have a retrospective planning application approved for conversion of a pub with upstairs accommodation to flats.
As this happened in approximately 2021 the can't claim the pub area counts as in use as the lawful use obviously hasn't happened for 6 continuous months out of the last three years from the date of permission.
However that the upstairs accommodation was residential (all be it for the pub's owner) and has stayed residential does that mean it would count as in use? Even though it was 1 apartment and is now 3 that area is being retained as residential and the flats have been occupied.
Would the upstairs accommodation (avoided the word residential) count as in lawful use?
You need to look at what the lawful use was prior to the change and how it was classified for planning and then if lawful is that use active.
Is the accommodation the main use or is that the public house.
Is the accommodation ancillary to the main use as a public house and as such not a principal use so it does not cause the building to qualify as an “in-use building”.
Also, you will need to consider Krii and if the use of an area is a use that can be continued without further planning permission.
Not really a definitive answer, but questions you need to consider when making that assessment.
Cheers
Neal