HMO Lawful Development Certificate Application Manchester City Council

Hello and welcome to another Planning Case Study Video in this video I am going to explain a recent Lawful Development Certificate application for a House of Multiple Occupancy in an Article 4 area that we successfully completed in the Manchester City Council area for our client, following their own previous unsuccessful attempt.

The Application involved a Property in Manchester which had been in use as an HMO since November 2006 pre-dating the implementation of an Article 4 Directive which came into force in the Greater Manchester area on the 8th October 2011.

The Article 4 directive restricted the change of use from C3 dwelling house to Class C4 Small HMO (being a small shared house occupied by between 3 and 6 unrelated individuals as their main residence who share basic amenities such as a kitchen and a bathroom) Requiring that such change of use would require planning permission.

It is highly common for article 4 directives to be introduced like this in university areas and it is done to try and protect the housing stock for families from conversion.

The Applicant had previously attempted to obtain a Lawful Development Certificate for the property. However this application was refused due to insufficient information and Manchester City Council stated in their refusal;

Manchester City Council are not satisfied that on 30 June 2022 the use/operations described in the First Schedule in respect of the land specified in the Second Schedule and more particularly identified on the plan attached to this certificate edged in red, was lawful within the meaning of section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason(s):

The applicant has failed to demonstrate that the property has been occupied as a small scale house in multiple occupation Class C4 of the schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) for a continual 10 year period up to the date of the application.

It is vitally important that all the documents and responses are submitted on time throughout the process, with all the relevant detail supplied up front, as failure to do so will most likely result in the application not being successful, something we hear about often with refused applications we are asked to assess for appeal.

Always ensure you use a professional who has considerable experience of lawful development certificate applications, it is worth asking them for some recent successful cases studies like you will find on our website.

If you would like to find out if we can help you with your planning appeal, complete our online form on our website www.healplanning.co.uk and our new case support team will arrange for a Free No Obligation Consultation with one of our planning appeal assessment professionals.

HMO Lawful Development Certificate Application Manchester City Council

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