Quick question for Planning Experts!

[freddiemercurystwin]

I have a last minute arranged meeting with a potential client in about 2 hours time. The client has an HMO with 6 bedrooms and wishes to add another bedroom.

I know I need Planning Permission and I know it used to be mandatory to include a Design and Access Statement with such an application. However there were amendments to the DAS legislation back in April 2010 and I cannot establish for certain if a DAS is still required for such an application. Two hours before my meeting my Planning Authority are useless and nobody there can categorically tell me if one is required or not.

From what I have read I believe they are still required but wondered if any of you were up to speed with the legislation in my hour of need! I hate not giving accurate advice to clients!

 

[DevilDamo]

The only information I can find on the internet is...

A property, which is occupied by 3-6 unrelated individuals, who share one or more basic amenities, then it is an HMO under the new Use Class C4: Houses in Multiple Occupation. If there are more than 6, it is likely to be classed as a ‘large HMO’ (sui generis) which will be outside Use Class C4

I have just spoken to an ex-colleague in Planning and he said he wouldn't ask for a D&AS providing the access isn't altered. He mentioned the parkinig requirements and said to be honest, it could be covered in a planning/supporting statment and not a full blown D&AS.

If I was you, I'd make the client aware that one "may be" required as the new legislation is only a few months old and there are some grey area's.

 

[freddiemercurystwin]

If I was you, I'd make the client aware that one "may be" required as the new legislation is only a few months old and there are some grey area's.

Yes, this is where I currently am DD, I'll raise an official query with Planning so I will find out, albeit not before my meeting.

 

[spongobongo]

As Damo says, it's a grey area, but I'd include one, even if it's only a basic pro forma downloaded from the council website.

In my view, an HMO use is a type of residential use. D&A statements are only required for non-residential applications.

However, applicants have become so used to writing D&As that even residential applications land on my desk with them included.

A D&A can often help the officer get to the nub of the issue and, quite often, it helps the neighbours understand the application too.

 

[freddiemercurystwin]

OK thank chaps, I'll shall see if I get anywhere tomorrow when I speak to Planning again, don't want to produce one if I don't need to frankly, just a waste of money for the client. Will report back.

 

[DevilDamo]

D&A statements are only required for non-residential applications.

Unless your HMO is within a Conservation Area, which one I'm looking into is, thus requires a D&AS. Or that is what I was told by the LPA.

 

[freddiemercurystwin]

D&A statements are only required for non-residential applications.

Unless your HMO is within a Conservation Area, which one I'm looking into is, thus requires a D&AS. Or that is what I was told by the LPA.

Yes DD you're quite right, they're still required for Housholder Apps + Conservation Area and Householder Apps + Listed Building Consent.

Simple Version: http://www.planningportal.gov.uk/en...10/march2010/2010_03_week_5/legchangesApril10

Extracted from Official doc: http://www.communities.gov.uk/documents/planningandbuilding/pdf/1505220.pdf

It may just be me but I find it bloody frustrating that these odds & ends crop every now and then with little or no publicity!

 

[freddiemercurystwin]

Spoken to Planning, a DAS is definitely required for an additional bedroom in an HMO (in Plymouth anyway).