Change of use approved and enforcement action avoided for an 8-person HMO

18th June 2017

We have secured approval for a change of use and successfully avoided enforcement action for the owner of an 8-person HMO in Epping Forest.
We were contacted to assist after the landlord received a visit from the Enforcement team. Of relevance in this particular case was that the dwelling in question could be used as a 6 person HMO without planning permission. However, our client wanted the flexibility to use the property for up to 8 persons. For this reason the Council felt that planning permission was required.
Our associate planner Adam took on the case and commenced negotiations with the Enforcement Team. Following his review of the evidence he submitted a letter highlighting why we felt that the use of the dwelling for 8 persons did not in this instance constitute a material change of use, given the particular circumstances of the site which benefitted from a large corner plot and the dwelling itself which was very large.
We felt very much that a lack of pragmatism had been applied to the situation, however, acknowledging the Council’s insistence on a change of use application, we prepared a robust planning statement to support the proposed application to turn a large residential house (C3) to a HMO for up to 8 persons, including;

  • a review of the site and preparation of evidence to show how the house met the required space standards and could comfortably house 8 persons;
  • evidence to justify why such a minor increase does not necessarily mean a material change of use has occurred;
  • evidence to show the popularity of the HMO and its high standard of accommodation provision;
  • analysis of current and future demographic needs and local demand for this type of accommodation;
  • justification of how the HMO met Local Policy requirements in regard to quality homes and housing mix.

Adam continued effective engagement and negotiation with the Council resulting in a positive resolution for both parties; an approval for the change of use and the avoidance of unnecessary enforcement action for our client.

Furthermore, the HMO is adding to the housing mix in the area and meeting a need for quality, smaller scale accommodation.

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