Shelter’s Income and expenditure figures highlighted13:57 PM, 4th February 2019
About 2 weeks ago 35
A commercial building (class B8) has been granted a Planning Department change of use to a residential dwelling (class C3). During this time the building has been renovated and applied to the planning dept for change of use to a large 9 bed HMO (class commercial Sui Generis).
The renovation is now complete.
The planning dept refused permission and an appeal has been requested.
Question? Planning law currently stipulates that a C3 residential can be a C4 small HMO up to 6 tenants without planning permission. Therefore even though a large 9 bed HMO (sui generis) has been refused, can you still continue to let to up to 6 tenants as a small C4 HMO?
I believe that you can, but the planning dept are threatening me with a STOP order to enforce a closing down of the small HMO if I move in a tenant as in there eyes I have been refused a HMO use. Surly this is wrong legally? Surly if I have already in place a planning permission to change to the use to C3 residential then I have the PD right to use it as a small C4 HMO as a large sui generis HMO which under a planning classes is a different use and permission.
They are arguing that because no one has lived in the property yet and established the change of use it is still a B8 commercial. This seems desperate to me from the council and wrong. To add further to this, IF and I say If the council are legally correct I do not have Planning Department change of use to a small HMO (C4) then surly I can register myself as living there and rent out the rooms to lodgers which I believe I am entitled to do as a residential C3 use?
Please if anyone has the answer to clear this grey area up I would be grateful.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agentsLearn More