So we have a project we received an approval to convert two flats into one dwelling.
We jumped the gun somewhat and before 'implementing' the planning permission converted the property ready to be used as a small HMO and submitted an application to convert from a C3 dwelling to a 7 bed HMO by converting the roof space.
This was withdrawn.
Now the planners are stating that the original planning permission hasn't been implemented as the internal layout no features en-suites for a 6 bed HMO as this was to be done under PD rights following the approval of conversion to a single dwelling.
Comment has been that - if we are to rely on permitted development rights following the implementation of of the planning approval then I would suggest that confirmation of the lawful use of the property needs to be on a more formal basis and would require the submission of an application for a Certificate of Lawfulness for an Existing Use - accompanied by the relevant evidence to substantiate the use as a single dwelling. In processing such an application a site visit would be made by the case officer
we are in a situation where we need to regularise the dwelling so we can get the small HMO under PD. We have though built out ready for the HMO so not as the approved initial letter (we have added extra en-suites)
Id say that we are in breach of a planning condition - The development hereby permitted shall be carried out in accordance with the following approved plans unless specified otherwise in a subsequent condition imposed on this decision notice
It seems we have two options.
A – Submit a retrospective application for the change of use to a dwelling with the current internal layout and implement the application. Then proceed as a small HMO with an application to submit a PD for this use and a loft conversion. BUT could the council then either refusing OR approve with a condition taking away PD rights.?
B- Remove the en-suites and revert back to the approved plans. Then submit a lawful development as a C3 dwelling as approved? Then re-build the en-suites under PD.
Is there another angle potentially?
We jumped the gun somewhat and before 'implementing' the planning permission converted the property ready to be used as a small HMO and submitted an application to convert from a C3 dwelling to a 7 bed HMO by converting the roof space.
This was withdrawn.
Now the planners are stating that the original planning permission hasn't been implemented as the internal layout no features en-suites for a 6 bed HMO as this was to be done under PD rights following the approval of conversion to a single dwelling.
Comment has been that - if we are to rely on permitted development rights following the implementation of of the planning approval then I would suggest that confirmation of the lawful use of the property needs to be on a more formal basis and would require the submission of an application for a Certificate of Lawfulness for an Existing Use - accompanied by the relevant evidence to substantiate the use as a single dwelling. In processing such an application a site visit would be made by the case officer
we are in a situation where we need to regularise the dwelling so we can get the small HMO under PD. We have though built out ready for the HMO so not as the approved initial letter (we have added extra en-suites)
Id say that we are in breach of a planning condition - The development hereby permitted shall be carried out in accordance with the following approved plans unless specified otherwise in a subsequent condition imposed on this decision notice
It seems we have two options.
A – Submit a retrospective application for the change of use to a dwelling with the current internal layout and implement the application. Then proceed as a small HMO with an application to submit a PD for this use and a loft conversion. BUT could the council then either refusing OR approve with a condition taking away PD rights.?
B- Remove the en-suites and revert back to the approved plans. Then submit a lawful development as a C3 dwelling as approved? Then re-build the en-suites under PD.
Is there another angle potentially?
