C3 to C4, Article 4 - PLEASE HELP!

Manip86

question answered

bob_bank_spanker

Why would they reject you? Certainly where I'm from (Cardiff), student ghettoisation has ruined some areas. It is all about balance, and in some areas it has gone too far.

If they reject you, you could always sell the house? Or rent it to non-students? Or leave it empty and pray that prices go up? Or wait a few years and reapply? Or don't transfer it in the first place, and let your parents enjoy their own home for the rest of their lives?

Manip86

Thanks for your reply. I would rather not sell it and as a family we are happy to have extra income coming in. I'm just not sure as to why they would reject me but was wondering is it common to be rejected in an area which has now become a student rental area?

bob_bank_spanker

We don't know your area, but yes, it is common.

https://www.cpshomes.co.uk/cps-blog/2016/02/17/cardiff-council-refusing-change-of-use-applications-based-on-unapproved-and-unreleased-guidance

In Cardiff, just about all application in Cathays, and most in Roath are being rejected.

I'm sure as a family you would like the extra income coming in, however it isn't necessarily up to you. The council are in charge of planning applications, and they have to think of the whole community, not just your bank account.

Manip86

Ok i appreciate your reply. Thank you for clarifying this.

lwhiteman88

What borough are you in?
You say that 98% in your area are students renting, so there must be precedent. Search your local planning website to view other applications in the area for similar proposals. You'll also be able to view the reports associated with the applications which outline which local policies are considered for a HMO in your area.

I trust you are proposing between 3-6 bedrooms. More than this can be difficult and do not fall under C4.
Potential reasons for refusal - increase in parking, increase in noise, not enough amenity, adequate bin storage.
The big one will be imbalanced HMOs in the area. Some councils have a 10% max HMO in a 100m area. I imagine the 98% student accommodation is an exaggeration but could be worth plotting a 100m map from the property and working out how many HMOs already in that area.

You could also take advantage of your local councils pre-planning enquiry which will give you an informal decision which is not public record. Or you can call your Duty planning officer who can give some generic advice.

ReadingTim

If an area is subject to an Article 4 Direction, the council already think there's a problem with the high number of HMOs. It's highly likely therefore that further planning permission applications, including yours, will be rejected as frankly, your plans are part of the problem to which the Article 4 Direction is the solution.

lwhiteman88

ReadingTim wrote: »

If an area is subject to an Article 4 Direction, the council already think there's a problem with the high number of HMOs. It's highly likely therefore that further planning permission applications, including yours, will be rejected as frankly, your plans are part of the problem to which the Article 4 Direction is the solution.

You're right but Article 4 relates to the whole of permitted development rights not just HMO. So the council may not have an issue with HMO but from the sounds of it at 98% they certainly have a problem

anselld

Alongside the Article 4 direction there will be a Supplimentary Planning Document which states the circumstances under which C3-C4 will be allowed. Where I am there is a maximum permitted percentage of HMOs of 10% of the properties in a 50m radius. If that level is exceeded already you can kiss goodbye to new C4 permission.

What you do with an empty property is not the concern of the Planners. They would say sell it or rent it to a family.

Manip86

Hi guys. The house is a 4 bedroom house but I have read that I must apply for a HMO License if it is for 3-6 tenants. However I am from Leeds and I have read on the Leeds City Council website that it for 5 or more tenants. I am getting confused because I am unsure if every council has different views on how many tenants are allowed before applying for a HMO License.

ReadingTim

You only need to comply with the requirements of the council whose jurisdiction the house falls under, ie where it's located.

What Manchester does is irrelevant to a house in Leeds, for example.