New HMO Legislation (April 2010) - Public forum - Planning Advisory Service (PAS)

Could anyone provide clarification on the impact of the revisions to the Use Classes Order and GPDO in relation to HMOs? Class I of the GPDO amendment defines "Development consisting of a change of use of a building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule" as permitted development. The Uses Classes amendment defines Classes C3 and C4 as follows: “Class C3. Dwellinghouses Use as a dwellinghouse (whether or not as a sole or main residence) by— (a) a single person or by people to be regarded as forming a single household; (b) not more than six residents living together as a single household where care is provided for residents; or (c) not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4). Interpretation of Class C3 For the purposes of Class C3(a) “single household” shall be construed in accordance with section 258 of the Housing Act 2004(3).” (4) In Part C of the Schedule, after Class C3 insert— “Class C4. Houses in multiple occupation Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”. Interpretation of Class C4 For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.”. Would this mean the conversion of a C4 HMO into flats would be permitted development? Would an HMO occupied by more than 6 residents still be classed as ‘Sui Generis’?