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Our in-house planning team has a treat in store- a series of in-depth articles on the planning system and how to use it to generate profit.
The ultimate aim is to turn a single dwelling into as many smaller units as possible, whilst still making them attractive for potential occupiers. Conversion of a single dwelling into smaller units can require planning permission in some cases, and the situation has been made more complicated due to changes in legislation over the last couple of years that have created a new use class. Land is classified (for planning purposes) into different use classes, and in 2010 the Use Classes Order was amended (twice) to create 2 new land use classifications. The old C3 use class (dwellinghouses) was split into-
• C3(a): those living together as a single household as defined by the Housing Act
2004 (basically a ‘family’);
• C3(b): those living together as a single household and receiving care, and
• C3(c): those living together as a single household who do not fall within the C4
definition of a house in multiple occupation.
A new use class was created- C4. This is defined as Houses in multiple occupation- HMO’s- (3-6 occupants). In broad terms, the new C4 class covers small shared houses or flats occupied by between 3 and 6 unrelated individuals who share basic amenities. Large houses in multiple occupation (those with more than 6 people sharing) are unclassified by the Use Classes Order. In planning terms they are described as being sui generis (a class of their own).
As a result, a planning application will be required for a change of use from a dwelllinghouse (C3a, b and c) to a large house in multiple occupation or from a Class C4 house in multiple occupation to a large house in multiple occupation where a material change of use is considered to have taken place. Advice on the implications of the above changes was issued by the Department for Communities and Local Government in Circular 08/2010. Annex A of the Circular gives further guidance about the way the classifications are divided up, as there are potential areas of overlap. However, in simple terms, there is no limit on the number of members of a single household (C3a), provided that there is a familial connection, but this can include domestic employees (such as an au pair, nanny, chauffeur, gardener etc). Use class C3b requires an element of “professional” care provision. Class C3(c) allows up to 6 people to be living together as a single household, and the guidance refers to small religious communities and a homeowner living with lodgers as falling within this class.
Class C4 refers to small shared houses or flats occupied by between three and six unrelated individuals who share basic amenities. This includes small bed sits, although to classify as a house in multiple occupation, a property does not have to have been converted or adapted in any way. It is generally a matter of tenure rather than physical characteristics. More than six people sharing in a property falls outside the classes described above, and therefore that property would be in a class of its own (sui generis).
There are permitted changes that allow the change of use from C4 to C3 (small scale HMO’s to dwellinghouses) without needing planning permission. There are also permitted changes that allow the change from C3 (dwellinghouse) to C4 (small scale HMO’s). However, local planning authorities have the power (called an Article 4 Direction) to restrict these permitted changes. It is always best to contact the Council Planning Department to ask if any Article 4 Directions apply at the address being considered for development.
If planning permission is required (because an Article 4 Direction exists or because the change falls outside the permitted changes), different authorities have different policies, and some authorities have no policies at all. Some authorities positively encourage this type of low cost affordable accommodation as part of the housing supply, but generally in areas close to town and city centres and good public transport links. The main issues often relate to the increased intensity of the residential use resulting in the potential for increased noise and disturbance, and parking.
Increasing the intensity of the residential use can result in harm in some cases by way of increased noise and disturbance, but in town and city centres, where there is often more activity over a longer period of the day and night generally, this is not normally a reason for serious objection. In addition, if the property is close to public transport links, then there are strong arguments, on sustainability grounds, to limit car parking (or even have no car parking at all). Whilst the Government have recently allowed local authorities the choice to determine for themselves the levels of local parking provision, the political agenda continues to try to move away from the use of private car trips and to encourage the use of alternative modes of transport.
It is useful to see if more space can be achieved in the building being considered by using currently under utilised spaces within the building (i.e loft spaces and basements) or by extension, or both. There are some significant extensions and additions that can be made to a dwelling without needing planning permission particularly following the changes to legislation that occurred in 2008, which relaxed many of the rules relating to householder extensions and alterations. However, these categories of Permitted Development (PD) only apply to dwelling houses (use class C3)- not flats - and therefore the timing of when these extensions and alterations are made is critical. It can be beneficial to take advantage of these PD allowances as it means that the Council have no control over the development (as long as certain criteria are complied with) and this is important as it can speed up the process, and avoid protracted negotiations with the planning authority over small matters of detail.
In short, the main criteria are that it is possible to add a single storey extension to the original rear wall of a dwellinghouse with a depth of up to 4m (in the case of a detached house) or 3m (in other cases) as long as it is less than 4m in height. An extension of more than a single storey can be no more than 3m in depth, and must be more than 7m from the rear boundary of the property. Single storey side extensions can be added that are no more than 4m in height and no more than half the width of the original dwellinghouse.
Alterations to roofs are also allowed provided the works do not occur to a roof slope of a principal elevation that fronts a highway, and the cubic content of the addition is no more than 40 cubic metres (for a terraced house) and 50 cubic metres in other cases.
There are other criteria that apply, and it is important to check before doing any work. In particular, restrictions apply in Conservation Areas, Areas of Outstanding Natural Beauty, and for Listed Buildings.
At the start of the project it is essential to plan properly. In doing this it is prudent to seek professional planning and architectural advice in order to properly prepare a strategy for the implementation of the works and to identify the possible planning issues.
Doing this can save money in the long run by avoiding carrying out works which may be unlawful or unacceptable to the planning authority, and to present any planning application in a way that can deal with the main issues likely to arise.
