change of use , retail to Residential

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    change of use , retail to Residential

    Hi there , recently sent in an application for a corner shop back to residential .Tenant will no doubt object ...any experience /advice
    would be welcome ,thanks

    #2
    Well if you've already applied for consent you have spent money!

    Did you check on the 'local plan' to see if shops in that location can become residential.

    Did you supply off street parking, cycle sheds and bin stores in you application?

    Why do you think the tenant will object?



    Freedom at the point of zero............

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      #3
      Thanks for your valuable comments 'Interlaken'.
      - I didnt realise there was a' local plan' register i will now check .
      -The shop is a lock up in a residential area with no other shops but 150/200 yds from main road with plenty of conveniennce stores inc sainbury express
      -the shop doesnt supply any of the items you mention
      -The tenant will object because it will mean I will not have to renew the lease to the shop which has now expired.Typical tenant i guess refusing any rent
      increases for the past 10 years .
      -Do you know how much if any, will the decision depend on tenants objections?
      thanks again
      Roger

      Comment


        #4
        With a tenant already in place, I suspect you will have difficulty in change of use back to residential. Usually the council will want proof that there is no viable business use in the area before granting change of use.

        Comment


          #5
          Thanks for your comment bbva .The place could not be much use for anything else except a corner shop but an unprofitable one but tenant unwilling to give up leading
          to persistent delays in rent / lack of maintainence repair etc etc.
          The area has a much better scope for residential use as there is shortage and a new sainsbury express opening amongst others.

          regards

          Comment


            #6
            thanks bbva , there are not many other uses for apart from the corner shop it is but an unprofitable one because
            there is basically no demand for it ....wiith sainsbury local amongst others down the road ...and much more demand for residential use .
            The tenant even having to work in a local supermarket / persistent delays in rent / lack of repair etc etc
            regards

            Comment


              #7
              Whilst I see your logic, the council will favour the tenant not wanting to put him out of business, unprofitable as it may be. You may need to pay him to leave...

              Comment


                #8
                well i think a payment is compulsory ....and hopefully the council will weigh up both sides of the arguement and the crux of the issue , which is the needs of the area .

                I wonder whether anyone out there can define what exactly is ..'persistent late payment of rent'

                Thanks

                Comment


                  #9
                  While you still have a tenant insitu, I cannot see you being granted permission. The Council will see in favour of the tenant and will not put him out of business. The fact that he is paying rent, even late, works strongly in his favour. You will need to evict your tenant first for non payment and then apply for change of use. You will then have to prove that you have looked for more tenants and there has been no interest or there are numerous vacant shops in the area.

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                    #10
                    Thanks for your comments bbva , sounds like a mountain to climb with a lot of slippery slopes. This tenant has failed on many of his obligations over the years and hopefully I can persuade a sensible judge .
                    Regards

                    Comment


                      #11
                      Chnage of use to residential has recently got easier; Permitted development rights: relaxation of rules in favour of residential conversions
                      The latest round of amendments to the Town and Country Planning (General Permitted Development Order) 1995 in England, came into force on 6th April 2014 bringing with it further relaxation of planning rules in favour of residential conversions.

                      Your tenant may have tenancy rights to stay, but if he is in arrears or in breach of his tenancy there is legal process governed by statute that can help you remove him.
                      All posts in good faith, but do not rely on them

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