Planning House are delighted to share another success story – we’ve successfully secured a Certificate of Lawfulness for a House in Multiple Occupation (HMO) in Durham.
Why the Certificate of Lawfulness Was Needed
Our client owned a property operating as a C4 HMO (student accommodation). However, Durham County Council had introduced an Article 4 Direction to control the change of use between family homes (C3) and HMOs (C4).
Because the property was already in HMO use before the Article 4 Direction took effect, our client needed confirmation that the use was lawful. Without a certificate, the HMO could have been at risk of enforcement action.
Article 4 Direction and HMOs in Durham
An Article 4 Direction is a tool used by local councils to restrict permitted development rights.
Normally, converting a property from C3 (dwelling house) to C4 (HMO with up to 6 people sharing) does not require further planning permission, as this change of use is permitted development by virtue of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) unless restrictions are in place. However, once an Article 4 Direction is in place, planning permission is needed.
In Durham, as in many other university cities, the Article 4 Direction was introduced due to the high concentration of student housing, with the aim of protecting family homes.
How Planning House Secured the Certificate
To support the application, Planning House demonstrated:
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The material change of use from C3 to C4 had taken place before the Article 4 Direction came into effect, making the use lawful as permitted development.
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However despite this the property had also operated as an HMO for over 10 years, which independently qualified it for a lawful development certificate.
Durham County Council accepted the evidence and concluded that the property’s use as a C4 HMO was lawful, granting the Certificate of Lawfulness.
A great result for our client, and thanks to the planning officer who supported the application.
Helpful Resources on HMOs and Certificates of Lawfulness
If you’re dealing with Durham HMO planning or similar issues elsewhere, our resources can help:
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Practical Guide to Houses in Multiple Occupation (HMOs) – covering all the town planning basics.
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Certificates of Lawfulness (CLEUD & CLPUD) – free downloads in our HMO Collection.
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Articles such as HMO’s & Certificates of Lawful Development and Understanding the Certificate of Lawfulness: A Key Step in Your Planning Journey.
Need Help with an HMO Planning Application in Durham?
Whether you’re applying for a Certificate of Lawfulness for an HMO, dealing with an Article 4 Direction, or unsure of your next steps, Planning House can help.
Contact us today for a free initial consultation
