Planning approval is essentially about controlling the use of land and is required to alter, extend or change the use of existing properties, make changes to a listed building or to a property in a conservation area.
Planning approval is needed when a previously singly occupied property is converted into bed-sit units or flats. Approval is not normally required for a property let as a shared HMO for up to six tenants on a group contract, living together as a single household and where no significant changes have been made to the property.
For a group of seven or more the presumption should be made that approval may be needed and the advice of the local planning authority should be obtained.
Obtaining Planning Approval
To obtain planning approval, an application with detailed drawings and payment of a fee is made to the local planning authority. The authority will consider the application, may consult with local residents and will then issue a decision with the reasons for that decision. The approval may have conditions attached.
An applicant aggrieved by the decision can appeal against it to the Planning Inspector or may negotiate with the planning authority and amend and re-submit the application.
Enforcement action can be taken against unapproved developments requiring the re-instatement of the property back to its original condition.
Certificate of Lawful Use
Unapproved conversions of singly occupied houses to HMOs and flats are outside the time limits for enforcement action by planning authorities if established use can be proved for 10 years in the case of bed-sit properties, and four years for buildings in flats.
After the above time periods an application can be made to the planning authority for a Certificate of Lawful Use (CLU). This means that the use of the property is lawful despite the use not having planning approval.
Quick Links:
The UK Town Planning System