23.2.17…..It is surprising to read the Decision and Report concerning applications for Certificates of Lawfulness to turn a load of bedsits with shared facilities into self contained units (for possible use by West Pier Project clients); surprising too that it took so long for the Refusals to come (with a twist to the tale!).
Each of these two addresses was already sub-divided into 10 bedsits each (with both shared kitchen and bathroom use for some and just shared bathrooms for others. Application BH2016/06234 for 17 and BH2016/0621 for 18 sought to make everything self-contained.
Just one problem: the existing bedsits were there entirely illegally – no consent to sub-divide and no HMO licence!! According to a Seafield Road resident these two addresses had people living in them up to Christmas and the buildings have for at least 4 weeks now been undergoing renovation work AS PER THE NOW REFUSED APPLICATIONS TO SELF CONTAIN. They have to stop, apply for retrospective planning consent of some kind and residents should immediately seek a stop by reporting the ongoing building works to Enforcement.
The two jawdropping Reports which refuse the applications are more or less identical and devastating to read. Here is the one for 18!
And here is the Decision Notice for 18, signed today and placed online here!
It is worth just adding this little note on “sui generis” uses as it is relevant to this situation. It comes from https://www.designingbuildings.co.uk/wiki/Sui_generis_use_class_in_planning
Sui generis use class in planning
The Town and Country Planning (Use Classes) Order categorises uses of land and buildings. Developments may not be used for purposes that are not within the use class for which they received planning permission. Changing the use of a development from one class to another may require planning permission, although changes of use may be permitted without the need for a planning application for certain allowable uses (for example changing a restaurant into a shop – see permitted development).
‘Sui generis’ buildings are those that do not fall within any particular use class. The Latin term ‘sui generis‘ means ‘of its own kind’.
Sui generis buildings include:
- Houses in multiple paying occupation.
- Hostels providing no significant element of care.
- Scrap yards.
- Petrol filling stations and shops selling and / or displaying motor vehicles.
- Retail warehouse clubs.
- Dry cleaners.
- Taxi businesses.
- Amusement centres.
A material change of use from a sui generis use, or to a sui generis use, will require planning permission.