HAD & CO PROPERTY

 The most recent planning application for the Lawful Development Certificate show the existing use of the property is “four self-contained flats and one non-self-contained flat”. This supersedes any previous uses and is considered the current existing use since no other application has been put in to change the use.

Case studies 

Various successful and unsuccessful appeals taken to the High Court have been documented online which argue their C3 use should extend to include the use as a holiday let after LPA’s and Planning Inspectorates have sided against this. They vary in judgement with concern over the ‘material use’ and whether this changes significantly from how the premises would be used as a traditional dwelling and also the actual definition of “dwelling house” and how one would perceive this. A quick recap and review of some cases: Moore v SSCLG and Suffolk Coastal District Council [2012] EWCA Civ 1202; [2013] JPL 192 The council issued enforcement as they believed the C3 dwelling was breaching planning by being let out as a holiday let. The Court took the Council’s side and refused the owner’s appeal. This was based on a large older building that had been coverted to a C3 dwelling which was then being used as a holiday let by renting out different rooms. The way in which the dwelling was being run as a business was determined that it was more of a “commercial leisure accommodation” than a private dwelling and hence required a change of use (sui generis). Blackpool Borough Council v Secretary of State for the Environment [1980] 40 P&CR 104 A four-bedroom town house was being used by the owner for part of the year and then rented out to family and friends when not in use. It was also empty for part of the year when the holiday season ends. The council believed the owner needed to change the use from C3 to holiday lets on a commercial basis. However the courts here sided with the appellant as it was proven that those who rented the property were actually using the premises as they would their own dwelling house, therefore the C3 use could stay. This was very dependent on the fact that the owner and their family also used the premises as a second home and the character of the existing house had not changed. Gravesham Borough Council v Secretary of State for the Environment (1982) P&CR 142 This case concluded that the C3 dwelling house use remains as a house, as long as it is used to facilitate those using it for private and domestic day-to-day living, regardless of the frequency of use or by whom. Ultimately, as there is little to no legislation on these matters, the council would have to determine on a case-bycase basis and weigh up the relevant matters whether they are of the opinion that a C3 property would need a change of use application. Things like the material changes, neighbour concerns and immediate surroundings would all be considered. In my opinion, 28 Gynn Avenue is in a well-suited location to be used as a holiday let and the close 4 proximity to the existing Holiday Home Area and planning history are all positives however this is only my view and the Council would need to be consulted to be sure. Pre-application advice can be obtained from Blackpool Council’s Planning Department to gain written confirmation as to whether the proposal would need a planning application with further advice as to what they would need in order to determine an application should one be necessary.

Legislation: Class use C “The Town and Country Planning (Use Classes) Order 1987 (Amendment) (England) Order 2010 SCHEDULE PART C Class C1. Hotels and hostels Use as a hotel, boarding or guest house or as a hostel where, in each case, no significant element of care is provided. Class C2. Residential institutions Use for the provision of residential accommodation and care to people in need of care (other than a use within class C3 (dwelling houses)). Use as a hospital or nursing home. Use as a residential school, college or training centre. Class C2A. Secure residential institutions Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks. Class C3. Dwellinghouses Use as a dwellinghouse (whether or not as a sole or main residence) by— (a)a single person or by people to be regarded as forming a single household; (b)not more than six residents living together as a single household where care is provided for residents; or (c)not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4). Interpretation of Class C3 5 For the purposes of Class C3(a) “single household” shall be construed in accordance with section 258 of the Housing Act 2004(2). Class C4. Houses in multiple occupation Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”. Interpretation of Class C4 For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.

Legislation: Housing Act “Single Household” Section 258 of The Housing Act 2004 258 HMOs: persons not forming a single household (1)This section sets out when persons are to be regarded as not forming a single household for the purposes of section 254. (2)Persons are to be regarded as not forming a single household unless— (a)they are all members of the same family, or (b)their circumstances are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority. (3)For the purposes of subsection (2)(a) a person is a member of the same family as another person if— (a)those persons are married to [F1, or civil partners of, each other or live together as if they were a married couple or civil partners]; (b)one of them is a relative of the other; or (c)one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple. (4)For those purposes— (a)a “couple” means two persons who F2... fall within subsection (3)(a); (b)“relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin; (c)a relationship of the half-blood shall be treated as a relationship of the whole blood; and (d)the stepchild of a person shall be treated as his child. (5)Regulations under subsection (2)(b) may, in particular, secure that a group of persons are to be regarded as forming a single household only where (as the regulations may require) each member of the group has a prescribed relationship, or at least one of a number of prescribed relationships, to any one or more of the others. (6)In subsection (5) “prescribed relationship” means any relationship of a description specified in the regulations. 6 The legislation states the use of a C3 dwelling house is for the use a single household. The Housing Act then goes on to explain what is meant by a single household. Using this legislation, it could be argued that each flat being rented out separately as a holiday let could only be used by a single household therefore falling under the class use C3. Holiday let flats for 28 Gynn Avenue would need to be considered on an individual basis whereby only 1-2 people can let the individual flat and use it as a “dwelling house”. If the whole house was let at once, this could be more of a C1 use due to the variety of self-contained units and the possibility of those renting would not fall under the definition of a single household. PLEASE NOTE: There are further limits on how long you can rent as a holiday let and a limit as to how long one person/party can let a property- this is more of a council tax/ business rates issue rather than planning so the relevant authorities at the Council will need to be notified/ contacted.