BCP Council (Christchurch Area): Matt is pleased to have recently secured a relatively straight forward planning permission (yes it does happen occasionally!) for the retrospective (as internal conversion works had already been completed) change of use/conversion of 2 existing flats back into a single C3 residential dwelling house with no external changes for a property in Mudeford, Christchurch. The plans were prepared by Design & Development Associates Ltd.
Case law is not completely clear as to whether a reduction in the number of units, for example the conversion of two flats back to a house, would always need planning permission on the basis that it is not adding any units of accommodation and is not a change of use. In one defining case (Richmond upon Thames v SSETR & Richmond upon Thames Churches Housing Trust [2000]) it was held that such a proposal could constitute a change of use where it would give rise to planning consequences, for example whether it would materially affect the character of the area or the loss of type or overall stock of accommodation.
We decided that rather than submit a Certificate of Lawfulness, an application for a change of use was probably the cleanest approach in this instance. The officer did note that the proposal would result in the net loss of one residential unit, which was given weight in the context of the Council’s Housing Shortfall. However, given that there was a strong fallback position in the amalgamation of the two flats in principle could potentially be achieved without being considered ‘development’, the property would remain in residential use and that there is still demand for larger properties, as set out in the SMHA (2015), it was considered by the LPA that on balance an objection in principle would be difficult to sustain.
Given that there were no external changes proposed, the internal layout and window positioning was considered to have an acceptable impact on neighbouring residential amenity. Similarly no harm has been found in relation to character and appearance or highways/parking provision.
The proposal was issued exactly on the 8 week target date, which is a rarity these days with applications with BCP Council.