Planning House are delighted to have secured approval of a Certificate of Lawfulness for an existing House in Multiple Occupation (HMO) in Durham.
In this case our client needed to secure confirmation that the C4 House in Multiple Occupation Use (HMO) used as student accommodation was lawful as an Article 4 Direction to prevent change of uses between Class C3 dwelling houses and Class C4 HMOs came into effect within the area after the HMO began operating.
An Article 4 Direction can be made by a Local Planning Authority for a specific area, covering a multitude of restrictions. An Article 4 Direction removes rights for development which otherwise would be permitted without the need for further permission. In this instance restricting the change of use of a C3 residential dwelling to a C4 HMO (with upto 6 people sharing accommodation). This C3 to C4 change of use is permitted development by virtue of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) unless restrictions are in place. For Durham there is a high concentration of students as such a HMO was introduced to safeguard family housing, this is similar to a lot of City’s which have large student populations.
Planning House demonstrated that the use was lawful by including evidence to support the application. Our case was that the material change of use from Class C3 to Class C4 had occurred as permitted development before the Article 4 came into effect and, therefore, the Class C4 HMO use of each property was immune from enforcement action and hence lawful in planning terms. However we also had evidence to demonstrate that the HMO had been operational for in excess of 10years and therefore could have secured the lawful development certificate on that basis alone.
Durham County Council concluded that on the balance of probabilities the use of the property as a C4 HMO was lawful and issued the certificate of lawful development. Thank you to the planning officer who supported the application, and congratulations to our client!
Related Content:
Our Practical Guide to Houses in Multiple Occupation (HMOs) covers all the town planning basics relating to HMOs. And our FREE Practical Guides cover the basics of for Certificate of Lawful Proposed Use or Development (CLPUD) and Certificate of Lawful Existing Use or Development (CLEUD) are available on our website in our HMO Collection.
You might also find our article about HMO’s & Certificates of Lawful Development and Understanding the Certificate of Lawfulness Development: A Key Step in Your Planning Journey which could be useful.
However, if you need assistance then don’t hesitate to Contact Us for a free initial consultation If you’re not sure if you need help from a Town Planner take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner.