X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Refurbish/Develop

    Your planning questions answered

    Hi,

    I work in the planning industry and I see a lot of questions about planning on this Tribe - some of which I have already answered.

    So feel free to post a question to me on this thread and I will do my best to answer your planning questions.  As a queue I can help in these areas:

    • Permitted development rights (or PD)
    • Changes of use;
    • Appeals;
    • Sourcing planning consultants and other professional members of the team (transport, trees etc.);
    • Procedural queries - validation, reasons for refusal, determination periods, what goes on with your application once received.

    If I can't answer your question immediately then please give me a few days to respond so I can get the answer.  At the very least, I can point you in the right direction.

    Thanks,

    Ian

    4
    0

    Ian Gracie

    Founder of MyPlanningExpert.co.uk

    E-mail: ian@myplanningexpert.co.uk

    Looking for sites with planning potential? CLICK HERE

    I'm about to undertake a conversion of a 50 square meter commercial unit to a residential annex. Everything I've learnt is English and my property is in Wales where PD is very different. Could you provide an overview or a pointer to the Welsh legislation.

    0
    0

    Hi Gary,

    Yes I should have said I am based in England.  But here is a link which sets out all of the current legislation surrounding permitted development rights in Wales.  Either the original legislation or one of the amendments will set out whether it falls under PD.

    Here is also a link to a page setting out what changes of use benefit from permitted development.  B1 to C3 requires planning permission.  These rules are always subject to change though so keep a close eye on them.

    1
    0

    Ian Gracie

    Founder of MyPlanningExpert.co.uk

    E-mail: ian@myplanningexpert.co.uk

    Looking for sites with planning potential? CLICK HERE

    Thank you Ian,

    I was so close. The PD allows a change from A1 or A2 to A1 plus a single flat above. I'm converting the rear, not above, which I presume is why I need planning consent.

    0
    0

    Thank you Ian for a generous offer to help members with these issues. I have 2 questions if I may.

    1. My late husband bought a house which had planning in place for hostel bedsits with shared facilities. He converted the building into fully self contained units but no planning was in place (I think he may have been hoping to apply for Lawfulness after 4 years). Anyway cut a long story short I was just short of 4 years but a planning solicitor had advised me to empty the studios out so as not to alert the enforcement officers which I did but later found out that this would have scuppered the 4 year rule because there would not be continuity. I really tried to work round this but finally threw in the towel after a year of battling. Anyway I decided to convert it back to a single dwelling (as a planning officer had written to me a while ago saying this house should be a single dwelling). The refurb is nearly complete and ready to put on the market but the Building Regs Guy said he thought it would need planning permission to be made a single dwelling.

    I thought that as the council had written to me saying it had to be a single dwelling and I was doing this I hadn’t needed planning permission. This is really going to slow things down as I’m eager to sell before the Brexit situation becomes worse. So my question is do I need PP?

    2nd question relating to a 6 person HMO, the HMO officer has advised me that if one of the residents moved his wife in (which he has asked to do) and it became 7 people (but 5 households) I would need to get PP.  Is this right and could they refuse it? Everything is fully HMO compliant at the moment.

    0
    0

    Hi Sharronpeck,

    Good to hear from you again.  See my responses to your questions below.

    1. I would do a full review of the planning history before making a next step.  If the planning officer is saying that it should be a singe dwelling then there is presumably some basis for this which I would imagine has come from the planning history.  It may be that the use of the site as a bedsit was unlawful in the first place.  But in answer to your question, if the lawful use of the site is an HMO and you want to convert it into a single dwelling then yes you do need planning permission to do that.  But if you review the planning history and find that the lawful use is for a single house as the officer is suggesting then you shouldn't need planning permission.  The only thing that matters from a use class perspective is a decision notice and whether that use has been implemented.  Any correspondence from an officer doesn't hold any weight, but the officer may be correct in what the existing use is.
    2. Technically, once you go over 6 people in an HMO the use class goes from C4 to Sui Generis which does technically require planning permission.  As to whether the Council would refuse it, I can't say exactly as each is different.  Some prefer big HMOs as it is a cost-effective form of living in high value areas where as some authorities would refuse it in principle.  But as far as the local planning authority is concerned, it is very difficult to prove that there are 7 people living in the HMO to make it a definitive difference.  As long as there are still 6 rooms it is difficult to prove.  If that additional individual is not registered as a bill payer, on the electoral role, or on the contracts for that HMO then it is very difficult for a LPA to prove otherwise.  I appreciate from your perspective that you would want everything in order but that might be some helpful context.

    I hope this is helpful.  Let me know if you need anything else.


    0
    0

    Ian Gracie

    Founder of MyPlanningExpert.co.uk

    E-mail: ian@myplanningexpert.co.uk

    Looking for sites with planning potential? CLICK HERE


    REFERRING TO MS PECKS POST:

    'Anyway cut a long story short I was just short of 4 years but a planning solicitor had advised me to empty the studios out so as not to alert the enforcement officers which I did but later found out that this would have scuppered the 4 year rule because there would not be continuity.'

    AM I RIGHT TO THINK THAT THE EMPTYING IS IRRELEVANT ASSUMING NO OTHER USE TOOK PLACE, I.E. THE PLANNING USE WAS NOT ABANDONED OR REPLACED?

    0
    0

    Hi Ian

    Could you explain how the neighbour consultation process works under permitted development?

    The 'Permitted development rights for householders technical guidance' document refers to paragraph A.4 of class A for details, however this section does not exist within that document.

    Thanks in advance

    0
    0

    Hi Ian

    We have a lock-up shop with permission for retail use but have a podiatrist that would like to rent it which I believe requires D1 use.  Do we have to make a full planning application to see if this is possible or is there a way that won't take so long?  The shop is in South Gloucestershire and I've been unable to speak to anyone at the Council who can help - they just advise that I make a pre-planning application that, at the moment can take between 6 - 8 week for a response.


    Many thanks

    Judith

    0
    0