How difficult is changing a use class from C3 to C4 when there are no permitted development rights?

[Simon Crowder]

I bought a property which was a former HMO, and lived in it alone for some years. Now I wish to change it back into a HMO again.

According to Bristol Council's website, regarding where I live, "A permitted development right within these areas has been removed from 11 December 2011. You need a planning application for a change of use between a dwelling house (Use Class C3) and a small House in Multiple Occupation (Use Class C4)."

It's unclear if my house class is already C4, having previously been a HMO, or if I need to send an application because it would have reverted. The council were unable to offer any assistance when I contacted them.

I would like to know if this is something that can easily be done myself, or if it is better to consult an expert. I appreciate that posting on the site of an expert consultancy may not give a unbiased response, but if it is a complex thing to do and/or the cost of managing an application if necessary is not expensive then I will look into it.

There is also no way of gauging of such an application is likely to be accepted, such as the council's appetite. There is a severe shortage of housing, and the neighbouring property is registered as a HMO, although there are no others in the area. The row of houses I live on are all built specifically with the intention of being used as HMOs as shown by their layout and number of toilets.

Many thanks.

[Ian Walmsley]

Hi,

This will require planning permission.

Unfortunately the Article 4 blocks C3 to C4, but doesn't block C4 to C3.

So once you have gone to C3, you need planning to go back to C4.

Yes, you could apply yourself, but I would recommend a planning consultant. You will need a good justification and also meet other criteria. If these are not met, then refusal may easily happen.

We do a few of these with Bristol - but the concern is the loss family homes. 

They will also look at what is called sandwiching and density of HMOs in a radius.

Unfortunately there is no guarantee with any article 4 - but we also will not accept an instruction if we know that permission will be refused.  Some others might.

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