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Conversion - Planning condition - PD situation

Discussion in 'Building Regulations and Planning Permission' started by Jindigo, 11 Feb 2021.

  1. Jindigo

    Jindigo

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    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    This was withdrawn.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?
     
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  3. Nakajo

    Nakajo

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    Was this a house that was previously subdivided?
     
  4. Jindigo

    Jindigo

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    Hi.

    Without a doubt once upon a time. It was originally one dwelling sometime pre 2006
     
  5. Jindigo

    Jindigo

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    Or perhaps an application for a 'non-material amendment' to the approved layout would be the way to go. Unless again a condition could be added to such an application removing any future PD rights.
     
  6. Nakajo

    Nakajo

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    I'm unclear why the re-amalgamation required planning permission. I would expect this to be by means of an LDC (under section 192 of the TCPA)
     
  7. Jindigo

    Jindigo

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    So. The property could well have been converted back to a single dwelling under PD?
     
  8. ^woody^

    ^woody^

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    Flats don't have PD
     
  9. Jindigo

    Jindigo

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    I know, hence the issue I guess. We have planning permission to convert the flats to one single dwelling.

    Its just the council don't believe this has been 'implemented' prior to us seeking the change of small HMO and loft works
     
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  11. ^woody^

    ^woody^

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    I was really just replying to your post above mine. I've not read the full saga yet :rolleyes:
     
  12. Jindigo

    Jindigo

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    Fair play. Enjoy!
     
  13. wessex101

    wessex101

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    I think that is one of those famous "grey areas" in Planning legislation. Some councils treat converting flats in to a single dwelling house as a change of use, even though they are both use class C3 and some don't.

    This looks like a job for a planning consultant, especially as it doesn't look like a DIY job.
     
  14. jeds

    jeds

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    Do the LPA know for certain you did not complete the approved works before you started the HMO works?
    If so then the LDC route is a waste of time, you will need to apply for planning, which you may not (probably won't?) get.
    If not what scope do you have for claiming the approved works were completed and you then started HMO works?

    Are you certain PD rights are intact and there isn't an article 4 direction withdrawing HMOs in the area?
    If so then your best route is probably to take the house back to a C3 dwelling - record the proof - and then re-start the HMO works.
    I don't see the point of the LDC from that stage, but you could get one for comfort.
     
  15. Nakajo

    Nakajo

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    Flat's don't have PD, but this isn't development.
     
  16. jeds

    jeds

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    The OP isn't proposing PD for flats. The flats had approval for conversion to a single dwelling. Class 3 Part L gives permitted development to change use to an HMO - subject to conditions - but PD rights don't cut in until the conversion is complete. The question is, was the conversion complete before the HMO works started? If not then the OP would need planning for the change of use.

    This does all slightly depend on whether PD rights are intact and that the LPA have not put an article 4 direction on HMO conversion - which is not uncommon.
     
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