« Previous | Contents | Next »
Listen
Houses in Multiple Occupation: Guidance on the interface between planning control and licensing
ANNEX A: EXTRACT FROM "MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION: GUIDANCE FOR LICENSING AUTHORITIES"
2-5.6 Planning
1. The planning system guides the future development and use of land in cities, towns and rural areas in the long term public interest. The aim is to ensure that development and changes in land use occur in suitable locations and are sustainable 2. Most people are aware of the need to obtain planning permission for new buildings, but the issue in relation to HMOs is usually change of use of existing buildings, which is perhaps less well understood.
2. Planning permission will be required if there has been, or is proposed to be, a change of use which, based on the circumstances of the case, constitutes "development" within the meaning of the Town and Country Planning (Scotland) Act 1997 ( the 1997 Act). If the present use of the property is a lawful use, e.g. it has been used for that purpose for more than a period defined in statute (currently 10 years), then such use would be immune from enforcement action.
3. Planning law provides that certain changes of use do not constitute development within the meaning of the 1997 Act. The Town and Country Planning (Use Classes) (Scotland) Order 1997 (the Use Classes Order) 3 groups certain uses or types of uses into classes and provides that changes of use within a class are not "development", and therefore do not require planning permission. HMOs may fall into one of three classes - Class 7, Hotels and Hostels, Class 8, Residential institutions, or Class 9, Houses _ or may fall outwith all these classes. Changes of use between classes are development for planning purposes and will therefore require planning permission.
4. Class 9, Houses, includes, among others, houses occupied by a single person, people living together as a family and up to 5 people living together, including a household where care is provided for residents. If the occupation of a house changed from family use to an HMO with no more than 5 occupants, there would therefore be no requirement to obtain planning permission for a change of use on that ground alone. However, a change from a family home, however large the family, to a house with more than 5 occupants who do not form a family, may represent a change of use constituting development, depending on the circumstances of the case. Where development was involved, and the multiple occupation was not a "lawful use", planning permission would be required.
5. Flats are outwith Class 9 and consideration would need to be given as to whether any increase in the number of occupants of a flat would constitute development for the purposes of the 1997 Act and therefore require planning permission.
6. Article 4 of the Use Classes Order provides that sub-division of a house to form 2 or more separate houses constitutes development requiring planning permission.
« Previous | Contents | Next »