Is possible to benefit from Permitted Development rights if you have an House in Multiple Occupation?
The answer is yes, maybe, no.
There’s a little bit of confusion on this matter and contraddictory opinions but let’s see if we can come to a conclusion.
An informal answer from the CLG (Communities and Local Goverment) committee says: “Our informal view is that the permitted development rights under Part 1 of the GPDO (General Permitted Development) will apply to dwelling houses which fall within the C4 HMO use class except where they are specifically excluded by the ‘definition’ of dwelling house contained in the GPDO i.e. flats.
With regards to HMOs which are considered sui generis the position in respect of permitted development rights under Part 1 of the GPDO has not been affected by the recent legislation.”
Planning permission may not be required for extensions under householder permitted development rights. If an extension results in more people living in a C4 HMO, providing it is no more than 6 people then the intensification of occupation will not be considered (as 3 to 6 persons are permitted to live in such a HMO).
However, the physical impact of the extension will be assessed in accordance with relevant planning policies and guidance. When an extension potentially results in
more than 6 persons living in an HMO planning permission must be sought in its own.
When we consider a planning application for an extension to an extension to an existing lawful HMO, the threshold limit will not be a material consideration as HMO
has already been established in the street and, therefore, have no further effect on community.
All clear right? So can we say the answer is yes?
Well…Actually there is a number of inspector’s decisions supporting the view that C4 (the use class for HMO) properties do not have the Permitted Development rights for extensions and alterations.
On this basis I would think that most Authorities would give weight to previous appeal decisions and determine that C4 properties do not have PD rights for extensions.