Planning Permission Query

caryn14

Sorry if this is the wrong forum section, wasn't sure which category it fitted ...

I owned an old 3 storey house that was B1 office use with my business partner. In February 2016 we were granted planning permission to change to a 6 bedroom student house and work commenced on the property straight away. The VOA rated it as non domestic from that date and the local authority have billed us for council tax (exempted for 1 year whilst renovating). In September, my husband bought out my partners share of the house for £51,000 and paid 3% stamp duty on the purchase, we are now joint owners.

A local letting agent has advised us to apply for planning to change the use to 3 flats, as the HMO market has fallen where we live, so we submitted plans to change approx 2 weeks ago and paid a fee of £760, to create the 2 extra dwellings. The local authority have rejected the application as invalid because they are saying the house is still classed as office space, so asked us to re-word the application title to "change of use from offices to 3 flats" and also pay another £380 to create a third dwelling.

Questions are these:

1. After planning for change of use is granted, does the property immediately become residential at the point renovation starts?

2. As the VOA and the authority themselves have rated it as council tax, how can the planning department say its office B!?

3. If it's B1 still, why did we have to pay stamp duty at 3% when it changed hands?

I've asked the authority all these questions, but they keep saying its still B1. Can anyone explain to me why please?

Thanks for your help.

lincroft1710

The VOA have assessed the property on the basis "as when next in use" as this accords with Council Tax and Non Domestic Rating legislation. Planning legislation would appear to view the property differently, probably using the basis "as when last in use". Contradictory, possibly, but as you appear not to have the conversion signed off by planning then it is still offices as far as they are concerned.

On many occasions pp is applied for and the works/change of use is not carried out, which gives planning a further reason not to re-classify a building until the works are complete.

I know it is an extra £380, but in the scheme of things this is a very small amount

DoaM

The House Buying, Renting & Selling Board might be the best place for this.

caryn14

lincroft1710 wrote: »

The VOA have assessed the property on the basis "as when next in use" as this accords with Council Tax and Non Domestic Rating legislation. Planning legislation would appear to view the property differently, probably using the basis "as when last in use". Contradictory, possibly, but as you appear not to have the conversion signed off by planning then it is still offices as far as they are concerned.

On many occasions pp is applied for and the works/change of use is not carried out, which gives planning a further reason not to re-classify a building until the works are complete.

I know it is an extra £380, but in the scheme of things this is a very small amount

I see what you're saying.

We didn't need building reg's approval as the renovation work to convert was relatively minor, should we have applied back to the LPA to get planning signed off when it was complete? I didn't realise that was the case, I thought that only applied to building regs.; I know it's a bit naive of me maybe but I wish they'd told us we needed to do that

My biggest concern about submitting the application as a change of use from office to flats, is that we will lose the permission already granted to convert to a house and it will revert back to offices. The LPA weren't keen on the conversion in the first place and we had to appeal to the Welsh Office to get their ruling overturned, so that's a risky move submitting it as things stand. Just as a point of interest, no conditions were attached that needed fulfilling, when it was finally granted.

caryn14

DoaM wrote: »

The House Buying, Renting & Selling Board might be the best place for this.

Thanks for the tip, how do I move the post?

lincroft1710

caryn14 wrote: »

I see what you're saying.

We didn't need building reg's approval as the renovation work to convert was relatively minor, should we have applied back to the LPA to get planning signed off when it was complete? I didn't realise that was the case, I thought that only applied to building regs.; I know it's a bit naive of me maybe but I wish they'd told us we needed to do that

My biggest concern about submitting the application as a change of use from office to flats, is that we will lose the permission already granted to convert to a house and it will revert back to offices. The LPA weren't keen on the conversion in the first place and we had to appeal to the Welsh Office to get their ruling overturned, so that's a risky move submitting it as things stand. Just as a point of interest, no conditions were attached that needed fulfilling, when it was finally granted.

Have you looked at all the correspondence you received with the approval notice. I would be surprised if it doesn't mention having the works signed off by planning.

Anyhow if you can get the works signed off then you can resubmit the plans for conversion from a house to 3 flats. I don't think there will be any problem for a late sign off.

The attitude of your planners is surprising, in my hometown 8 office blocks have been or are being converted to apartments.