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Neighbours property development

Our neighbours received planning permission for a two storey extension to their property last year, we objected to the first and agreed to the second. At this point we believed they we creating a family home, although they never directly engaged with us.

What has become clear is that what is being created is a multi occupancy property with rooms being let out individually, not ideal!

They have now applied for a loft conversion, although they have not yet started the extension which would make it a 6 bedroom, 6 bathroom property from the current 2 bedroom property that it is.

My real question is... if they add a loft conversion does this negate the original planning permission as the house plans will have changed? (The application for the loft conversion does not show the proposed plans, but the existing layout)

Does anyone know?

Comments

  • Doozergirl
    Doozergirl Posts: 34,020 Forumite
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    edited 26 July 2021 at 11:52AM
    It depends on whether the loft fits within permitted development rights.  

    There are separate rules around HMOs though, which I'm not up to speed with, so it is worth speaking to the planning officer named on the original planning application, if you can.  
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  • twopenny
    twopenny Posts: 6,792 Forumite
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    Definitely speak with the planning officer.
    I'm surprised that you weren't made aware of the multiple occupancy or noticed increased bathrooms etc on the plas you agreed to.
    You know you can view the plans and application in detail online?

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  • How were you told it was going to be a HMO?
  • Brie
    Brie Posts: 13,421 Ambassador
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    Can't help with your question but would suggest you have a look at the parking situation.  If there are 6 tenants that can mean at least 6 cars.  Is there off road parking for all of those?  

    We used to live in an area that had a lot of family homes being convert to MO for the local uni.  There was zero off road parking for any of us and parking was an absolute nightmare.  One of the reasons we were so happy to move.
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  • Thanks everyone.
    The parking situation is a very good point that I plan to highlight to the planning officer.
    To be honest the owner has never engaged with us, the people they bought it off were told it was to be a family home and he was moving his elderly mother in. 
    Since then, over the last year, it has been occupied initially by a family and then after 6 months, by a couple of younger guys... which is when we started to have suspicions.
  • Section62
    Section62 Posts: 8,631 Forumite
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    They have now applied for a loft conversion, although they have not yet started the extension which would make it a 6 bedroom, 6 bathroom property from the current 2 bedroom property that it is.

    My real question is... if they add a loft conversion does this negate the original planning permission as the house plans will have changed? (The application for the loft conversion does not show the proposed plans, but the existing layout)

    It won't negate the previous planning consent unless the new application is made and approved on the basis that the previously proposed work is now not going ahead.

    The planning officer dealing with the new application should review the planning history for the property and will see the existing consent(s) which haven't yet been implemented.  If the situation hasn't been explained in the new application then the applicant should be asked to clarify whether the new proposals are in addition to, or in replacement of, what has already been consented.

    I use the word 'should' because one of the things you can do is to make representations to the council yourself and make sure the planning officer is aware of the other consent.

    The new planning consent could be granted on condition the previous one is not implemented, thereby effectively negating it, but only if the owner/developer decided to implement the new one.  Developers do sometimes submit multiple simultaneous applications for the same site, which can then be approved on an either/or basis.

    There's nothing particularly unusual about plans being submitted showing the existing situation, because that is what is 'existing'. Sometimes an applicant will include previously approved works (perhaps with dashed lines to indicate the status), but if they have changed their mind about the previous plan then it wouldn't make sense to include what will never be built.

    These days it is quite common for planning authorities to remove (some or all) PD rights when approving an application.  This one sounds like a classic case where an extension plus a loft conversion would be 'too much', so PD rights to expand the habitable space further might have been removed.  If so, that could explain why the owner/developer has had to submit an application for work which might otherwise be PD.

    As Doozergirl says, the rules on HMO development vary from standard residential development, and it is a relevant planning consideration whether the building will be used as a family home or as an HMO.  You could make representations to the council regarding the HMO issues, but how those representations will be considered depends on whether you have some kind of evidence of (intended) HMO use.  As well as speaking to the planners, it might be worth speaking to the HMO licencing team to find out if they are aware of current or intended HMO use.
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