A recent project dealt with this very point. Our client was seeking to merge two dwellings into one single dwelling. But does this amalgamation constitute development? Well, it’s quite a grey area in planning and the answer is, you’ve guessed it, yes and no.
Amalgamation – what does the legislation say?
Section 55 of the Act establishes that the making of a material change of use of a building represents development. It is set out within the Act that a change from one dwelling unit to two or more units constitutes a material change of use; however, there is no similar guidance with regards to the reverse – a change of use from two or more units to a lesser number of units. As is so often the case in planning, the conclusions of each case are drawn from matters of fact and degree and are required to be considered on a site by site basis. For example, there is often much resistance to this within London Boroughs where any net loss of housing units are generally resisted.
Merging two dwellings into a single dwelling
In this instance the proposal related to two adjoining, 3x bedroom properties within the same ownership and their amalgamation (via internal works) to create a single larger 6 bedroom dwelling. Our team utilised key case law which identified the legal principles to be applied when considering if a change of use is material or not, in order to demonstrate that in this instance the proposal did not represent development. We successfully evidenced how the proposal would not result in an intensified use of the site, given that the proposed amalgamation would not result in residential occupation which would be materially different from the current situation. In addition to this, we clearly set out:
- The nature of the works and evidenced that there would be no visible change to the character of the property;
- That the provision of parking, access and amenity space would remain unchanged;
- That there was a lack of 5YHLS and specific policy restrictions on the loss of dwellings (particularly family sized);
- That the loss of a single residential unit would be de minimis in terms of the established spatial strategy for the area.
The application was approved at delegated officer level with no challenge from the LPA, despite this being a rather ‘grey area’ of planning.
Key planning takeaways from this type of project
Given the grey nature of this type of project, establishing the key facts and site specifics at the outset will be crucial to any future application. Other things to consider include; context; policy position in regard to housing types, sizes and net loss; interrogation of the housing land supply position and any adverse development impacts and their potential mitigation prior to any submission.
Our planning team is experienced in this and we can address these types of requirements via an initial development appraisal to establish an appropriate planning strategy to present the most robust case for your project moving forwards.
How can Plainview Planning help you?
If you are thinking about amalgamating your existing properties but are unsure where to start or if planning permission would be required, please get in touch with our planning team via enquiries@plainview.co.uk for more information on matters of amalgamation and how we can support you in identifying the best planning route to help you make the most robust case for your project.