Conversion of existing C3 residential unit to C4 use (House in Multiple Occupation) in the Garden Quarter Ward/Electoral Division of Chester, Cheshire.

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Following the successful delivery of a six bed House in Multiple Occupation in Shrewsbury En-Plan: Planning & Architecture were approached by the same development company to deliver a new 6 bed House in Multiple Occupation in Chester. A Certificate fo Lawfulness application was duly submitted to Cheshire West and Chester Council for assessment.

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Site and Proposal

2 Queens Road relates to an existing C3 dwelling, situated within a primarily residential area of Boughton Chester. The dwelling is within the Boughton Canalside (Chester) Conservation Area. The property appears to have full permitted development rights in place. The Chester City Centre Conservation Area is a designated area within the city of Chester, England, aimed at preserving and enhancing the historic and architectural character of the city center. Here is an overview of the history of Chester City Centre Conservation Area:

 

The Chester City Centre Conservation Area encompasses a wide range of architectural styles, from Roman and medieval structures to Georgian, Victorian, and Edwardian buildings. The area's historical significance, architectural diversity, and cohesive streetscape contribute to its designation as a conservation area, ensuring the preservation and sensitive development of the city's historic core.

This application seeks to confirm that the use the property as a small HMO for up to six people (use class C4) would be lawful. The proposal also seeks confirmation that adding roof lights to the front and rear roof and a new side window at ground floor constitute permitted development. The plans initially sought to add a roof dormer to the rear, however this has been removed because the property is within a conservation area and therefore failed to accord with Schedule 2, Part 1 Class B of the GPDO.
 

Planning Policy Appraisal

The planning application was made under s192 in relation to the confirmation that the use of the property (as a C4) and roof and window alterations constitutes permitted development. ‘C4’ means use class C4 – Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”. As defined in The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010.

In this instance, the property is currently a C3 dwellinghouse with 4 bedrooms. The amended proposed floor plan indicates 6 bedrooms would be created, 5 with en-suite bathrooms. The applicant has confirmed the property would not be occupied by more than 6 people. There is no article 4 or conditions preventing the use of the property as a C4 HMO as such, the use would accord with Schedule 2 Part 3 Class L of the GPDO 2015 and is permitted development.

In regards to the amendments to the dwelling, as was indicated the roof dormer has been removed as the property is within a conservation area and therefore failed Schedule 2, Part 1 Class B of the GDPO. The new roof lights would not protrude more than 0.15m beyond the plain of the original roof and therefore meet Part 1 Class C of the GPDO. The new door and window in the side elevation accord with Part 2, Class A. These works are acceptable for a dwellinghouse of this nature.

In considering whether Schedule 2 Part 1 (development in the curtilage of a dwellinghouse) applies to this property once it has been converted to a C4 use. Class C4, can benefit from the permitted development rights granted to dwellinghouse by the GPDO. The test for if a property is eligible its whether its use can be considered a dwellinghouse within the context of the General Permitted Development Order. Critically, case law has established that the distinctive characteristic of a dwellinghouse is its ability to afford to those who use it the facilities required for a day-to-day private domestic existence.

In this instance, the property would have 5 ensuite bedrooms and one double bedroom with bathroom adjoining it. there would be an open plan living room and kitchen as well as small outdoor yard area. As such, the property would afford the people who used it the facilities required for a day-to-day private domestic existence therefore would benefit from the permitted development rights granted to dwellinghouse by the GPDO. As such in this instance the change of use and works described above would be lawful and not require planning permission.

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Conclusion

The change of use to a C4 HMO for up to 6 people was permitted development under Schedule 2, Part 3, Class L of the GPDO 2015. The insertion of the new window and door in the side elevation as well as the roof lights to the front and rear roof also accord with Schedule 2, Part 1 Class A and C respectively, these classes would apply given the use of the property would afford those who use it day-to-day private existence and therefore the use would constitute a dwellinghouse.

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With the above in mind he next stage En-Plan were involved with was the Building Regulations Application for the detailed conversion specification that will ensure a completion certificate for the project which will allow for the HMO to be licensed and begin operation.  The detail was subsequently agreed with Approved Inspectors who although based in Shrewsbury provide coverage from the north west and Chester down to Birmingham and Coventry, and the conversion is now completed and fully let.

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En-Plan provided the detail on the new loft conversion that would form part of the development with the alteration in ceiling height at first floor that make this a viable option and the full cross sectional detail that allows for accurate quotations for the project.

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With the Planning and Building Regulations finsalised and completed on site the applicant could now apply to the Council for a HMO Licence and begin to realise the full potential of the property.

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If you would like to find out more about how our Planning Consultancy and Architectural Design Services can work in perfect sync to achieve a successful outcome in the planning system please contact us and we will be only too happy to talk through any questions or development proposals you may have. Alternatively please refer to our dedicated Building Regulations page to see how our technical knowldege can deliver the conversion of a C3 to C4 use.

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