Hostel - Sui Generis - Public forum - Planning Advisory Service (PAS)
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Hostel - Sui Generis
Julie Greer, modifié il y a 13 années.
Hostel - Sui Generis
New Member Publications: 8 Date d'inscription: 20/10/11 Publications Récentes
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I am dealing with a purpose built hostel (c1814) that has been in use as a hostel since it was built. It closed c2006 when its owner/operator died. The new owners want to continue to use it as a hostel. In its heyday there were approximately 300-400beds, but no one really knows as there are no records. Can a council insist on a planning application if the number remains fundamentally the same, say 350 beds? There is an Established Use Certificate 1974 along with a Certificate of Lawfullness c1970, so the hostel use is not questioned - it is really the 'intensification' argument that we struggle with along with the Sui Generis classification of course!
Unless the use has been abandoned you cannot require a new planning application to be submitted on the basis of intensification. Pure intensification of a use does not bring about a "material" change of use requiring planning permission. Only if the character of the use changes in a material way will an application be required. Mike
Julie Greer, modifié il y a 13 années.
Re: Hostel - Sui Generis
New Member Publications: 8 Date d'inscription: 20/10/11 Publications Récentes
0
Thanks Mike, The building has not been used as a hostel since July 2007, when its owner/operator died. Since then the probate process has taken place and a few planning applications were agreed but never implemented. The current lease holders still want to use it as a hostel - increasing the numbers, but using it very much in the same way. A break of 3.5 years would not constitute abandonment would it? Julie
Julie. I wouldn't have thought so. The Courts have established 4 tests for abandonment; the physical condition of the building, whether there have been any interveining uses, the length of time and the owners intentions. Assuming the building is still sound, no alternative use has been implemented and on the basis of the reasond for the relatively short period of non-use I would have thought you would be fine. Why not apply for a further LDC? Mike