When is a material change of use not a MCU in relation to a change from a d - Public forum - Planning Advisory Service (PAS)

Under the Use Classes Order, when more than 3 unrelated adults live in a dwellinghouse, it is an HMO of some description and a Material COU has occurred. This was changed at the end of the last term of the Labour government as an amendment to the use classes order. The General Permitted Developement Order grants planning permission (permitted development rights) for a change of use from C3 (family dwellinghouse) to C4 (HMO of 3-6 unrelated adults). This is thanks to an amendment by Grant Schapps, which came into effect in 2010 soon after the coalition government took power under their housing strategy. Therefore upto 6 unrelated adults can live in an HMO, which although is a material COU which benefits from PD rights (unless you've served an article 4 directive). More than 6 unrelated adults requires planning permission from the LPA. hope that helps

A planning application is not now required to change between classes C3 and C4. Circular 08/2010 is clear that whether or not a material change of use occurs in changing between Use Class C4 and a large HMO (sui generis) will be a matter of fact and degree to be determined on the individual circumstances of each case. It may be difficult to prove that a change from 6 to 8 people is material. But in your case the LPA is likely to be looking at the law prior to the changes to the GPDO, since the unauthorised COU occurred 9 years ago (although the new law would be a material consideration). Either way, they are right in saying that there must be a material change of use before planning permission is required. It is all very complicated and difficult to do the issue justice here!