jjrideon
21-05-2009, 08:54 AM
I purchased a house a couple of years ago and have a questions regarding it's current use. First it's history;
The previous owner applied for planning permission in 1991 to try and squeeze in as many flats in as possible. The last granted use before that was in the 70's for 3 self contained flats (1 in the basement, 1 on the ground and a maisonette on 1st & 2nd floors.)
Following a planning visit, the council noted the 1st floor and 2nd floor were being used as separate flats - the 1st floor non- self contained and the 2nd floor self-contained. Planning permission was granted to add an extension and have 6 flats, with 4 bedsits in the basement (as at that time 3 rooms + kitchen and bathroom were being used on the 1st floor as non self contained and the council wanted to keep that element.)
This was then renewed when necessary but never carried out and finally expired last year. Up until my purchase, the basement and ground were always used as self contained flats, the maisonette sometimes was self contained and other times was used as two flats as described above although planning permission or lawful use was never applied for this (from C3 to sui generis??)
OK so to my question. Since purchasing the property I have refurbished it and rented the basement and ground floor flats. I am living in the maisonette as a single flat. All the work was done and signed off with current building regs approval. Before doing the work I hired a planning consultant to give advice as to whether the planners could insist that the non-self contained accommodation was retained (even though it never had planning permission) as to remove it would be in contravention of their policy of retaining HMO / low cost housing. He said the council would be very bold to try and force a use on the building that was never formally applied for by the previous owner.
However, I'm now concerned again after seeing another case where the council issued an enforcement notices where an HMO of bedsits was converted to 4 flats, even though it never had planning permission to convert it to bedsits in the first place. (The owners won on appeal, but not for the planning reason, but because they said the flats were still low cost rental units.)
Is the fact that I'm living in the maisonette that had the partial non-self contained accommodation a factor? (I have removed walls on the 1st floor to make it open plan, and removed the kitchen from the 2nd floor.) I think the ground and basement are not an issue as they have always been self contained.
Apologies for the long post and thanks in advance for your replies.
The previous owner applied for planning permission in 1991 to try and squeeze in as many flats in as possible. The last granted use before that was in the 70's for 3 self contained flats (1 in the basement, 1 on the ground and a maisonette on 1st & 2nd floors.)
Following a planning visit, the council noted the 1st floor and 2nd floor were being used as separate flats - the 1st floor non- self contained and the 2nd floor self-contained. Planning permission was granted to add an extension and have 6 flats, with 4 bedsits in the basement (as at that time 3 rooms + kitchen and bathroom were being used on the 1st floor as non self contained and the council wanted to keep that element.)
This was then renewed when necessary but never carried out and finally expired last year. Up until my purchase, the basement and ground were always used as self contained flats, the maisonette sometimes was self contained and other times was used as two flats as described above although planning permission or lawful use was never applied for this (from C3 to sui generis??)
OK so to my question. Since purchasing the property I have refurbished it and rented the basement and ground floor flats. I am living in the maisonette as a single flat. All the work was done and signed off with current building regs approval. Before doing the work I hired a planning consultant to give advice as to whether the planners could insist that the non-self contained accommodation was retained (even though it never had planning permission) as to remove it would be in contravention of their policy of retaining HMO / low cost housing. He said the council would be very bold to try and force a use on the building that was never formally applied for by the previous owner.
However, I'm now concerned again after seeing another case where the council issued an enforcement notices where an HMO of bedsits was converted to 4 flats, even though it never had planning permission to convert it to bedsits in the first place. (The owners won on appeal, but not for the planning reason, but because they said the flats were still low cost rental units.)
Is the fact that I'm living in the maisonette that had the partial non-self contained accommodation a factor? (I have removed walls on the 1st floor to make it open plan, and removed the kitchen from the 2nd floor.) I think the ground and basement are not an issue as they have always been self contained.
Apologies for the long post and thanks in advance for your replies.