C3 ( c )  AST ?

by Readers Question

9:29 AM, 11th May 2020
About 6 months ago

C3 ( c ) AST ?

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C3 ( c )  AST ?

Hello, I would appreciate any advice or information about letting a property using definition of C3 (c) please.

Let to a small group who don’t fall within C4 use nor meet criteria for C3 (a) or C3(b) any pointers toward relevant noted legal cases would be very welcome?

Thanks all,

Steve

Notes: From planning Portal >> Click here

C3 Dwellinghouses – This class is formed of three parts

  • C3(a) covers use by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child
  • C3(b) covers up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems
  • C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger

C4 Houses in multiple occupation – Small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.


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Comments

Kincavel

20:30 PM, 13th May 2020
About 6 months ago

Reply to the comment left by Jerry Stone at 11/05/2020 - 15:58
Hi Jerry,

I’m curious by your comments re approaching LPA.

Would it be right to think that if the Council contacts a Landlord re an HMO License issue, if it's correct, the LL should go ahead with applying for a License and ignore any planning requirements, even if there's an Art 4 Direction involved for changing from C3 to C4 (HMO) use?

If planning were subsequently to contact the LL, then the LL could either respond with:
a) retrospective planning application if 4 years have elapsed?
b) response or appeal to [enforcement] notice if there is one?
c) make a fresh application to prevent the enforcement notice (and perhaps gain some time)?

It'd be very good to have a chat with you about this.

Many thanks

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