Permitted development rights for C3 , C4 and Sui Generis

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    Permitted development rights for C3 , C4 and Sui Generis

    There are permitted development rights for C3 'Dwellinghouses'. The ones that I am specifically looking at are the ones that allow loft conversions under permitted development, and 6m/8m rear extensions for semis/detached houses.

    I understand that flats have no permitted development rights and therefore planning permission has to be obtained in both cases for lofts and extensions.

    What I would like to know is:

    A) do are C4 (hmo) houses have permitted development rights as C3. Can I do both a loft conversion and a 6 meter rear extension to a house under PD which is a C4 HMO?

    B) do Sui Generis HMO's have PD rights? Can I do both a loft conversion and a 6m rear extension to a house under PD which is a Sui Generis HMO?

    Thank you.

    #2
    C3 Dwellinghouses - this class is formed of 3 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): 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.
    The only safe way to know if that definition of an HMO has permitted development rights is to make an application for a Lawful Development Certificate for a proposed use, showing an extension or a loft conversion that would be a PD if the building was strictly C3 use.
    The fee is half the cost of a planning application at £192.50 but you will then know how your local LPA will want to deal with this subject.

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      #3
      Originally posted by Smith View Post
      What I would like to know is:

      A) do are C4 (hmo) houses have permitted development rights as C3. Can I do both a loft conversion and a 6 meter rear extension to a house under PD which is a C4 HMO?

      B) do Sui Generis HMO's have PD rights? Can I do both a loft conversion and a 6m rear extension to a house under PD which is a Sui Generis HMO?
      The short answer is "Possibly."

      Until recently, whether you got a 'yes' or 'no' depended on which local planning authority you asked. However, the Planning Inspectorate has recently issued guidance to its Inspectors that clarifies the situation, and it can be found here: http://www.planningportal.gov.uk/upl...s/hmo_2014.pdf

      Still muddy water, but a little bit less muddy now....
      IMPORTANT NOTE: If you take any advice given/follow any course of action suggested by me in this or any other post, you do so entirely at your own risk. You must assume that I am not professionally qualified in any particular topic under discussion (and therefore my posts are purely my opinions) unless I explicitly state otherwise.

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