Town Planning & Urban Design Ltd.

More flexible use of a 5 person house in multiple occupation (HMO) was sought by a subservient extension to it to allow use as 2 x 3 bed flats, one within either Class C3 or C4 of the Town and Country Planning (Use Classes) Order 1987 (as amended), the other just within C3.

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This accorded with council policy, whereas a further pure C4 flat would have not received officer support.  Pre-application advice was also heeded to adjust the design of the extension.

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Notwithstanding Officer support, elected Members refused the application on a spurious reason relating to adverse impact to the character of the area.

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The client then instructed me to lodge an Appeal, which was successful.  The Inspector concluded no harm would occur to the character of the area for the following reasoning –

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“I consider that the general activity, noise and disturbance resulting from a class C4 use, is likely to be greater that of a class C3 use as comings and goings are less likely to be co-ordinated. The appeal proposal would significantly reduce the class C4 element within the appeal property. The existing class C4 use accommodates five unrelated people living together in a property with five bedrooms. The appeal proposal would accommodate a three-bedroom class C4 unit and a family unit. On this basis, I am not convinced that the general activity, noise and disturbance that would result from the proposed use of the appeal site would materially change from the existing situation.”