DRK Planning Ltd

PROPERTY DEVELOPMENT WARNING: LOSING PD RIGHTS! Lots of commercial conversions, like office to residential projects, benefit from two types of consent - prior approval to change the use of the existing building and full planning for external changes (roofs, walls, windows). In building out the external changes you might be taking off the roof and removing some or all of the external walls. BE VERY CAREFUL! If you remove too much of the Existing building, it might cause you to LOSE PD RIGHTS for the conversion! The whole build might then become unlawful and you might have to reapply for full planning!! Watch this video for further information. If you need advice on your commercial conversion project then PM me or email to [email protected] #property #planning #planningexpert #planningconsultant #planningpermission #officetoresidentialconversion #propertydevelopment #propertyinvestment #permitteddevelopment #priorapproval

OFFICE TO RESIDENTIAL CONVERSION: Time Limits on Consent & Renewing Your Consent A prior approval consent for office to residential use lasts for 3 years. The change of use must occur within those 3 years. Technically a change requires the carrying out of the changes shown in approved plans but also occupation for residential use. Most local planning authorities will regard a change as having taken place if substantial works are done in line with the prior approval (often before practical completion let alone occupation). If your consent is due to expire soon and works have not yet started then you need to reapply. This is a ‘renewal’ of the current consent, but is treated as a new application. There shouldn’t be any difference in the result especially if the law and key factors such as local traffic conditions have not changed. Sometimes these other factors such as parking and public transport accessibility have improved over time and it may be worth getting this reassessed if it also means you can build more units in your scheme. However, BEWARE OF ARTICLE 4 DIRECTIONS. You may have to make your application for renewal sooner than the end of the 3 years from the last consent. Most Councils bring in Article 4 as a non-immediate direction. This means you will usually have about 6-12 months to get a new PA application through before the Article 4 Direction bites. Any office owners in the area affected will normally receive a notice first but also check the Council’s website (especially before acquiring a building). Usually as long as you renew or obtain your PA consent before the Direction comes into force (subject to the wording of the Direction) then your consent will still last for 3 years from its renewal/ consent. Best wishes, David Kemp #property #planning #planningstrategy #planningexpert #propertydevelopment #realestate #commercialtoresi #ukproperty #commercialconversion #priorapproval #article4 #propertyinvestment #jfdi #kbo

PLANNING TIPS: CHANGING NON-COMPLIANT SMALL STUDIOS TO HMOs Following on from my post last week about HMOs and Self-contained studios, what and why the difference and speaking to the right officers, you may need to change the use of your property under planning to avoid an enforcement notice. Also, you might find an opportunity which has this as a planning problem but if you can sort the problem by changing the use then it might still stack. So you need to think of the following: 1. COMMUNICATION: keep officers informed and agree a course of action and a timetable. 2. COMPROMISE: you might be able to agree with officers lesser steps than initially required by them. Easier to do if through good communication they sense that you are competent, reasonable and responsive. 3. COMPLIANCE: any works done, especially to create a compliant HMO from a non-compliant use may require licensing. So run your planning proposals past the Housing officers in advance. 4. CONSENT: in all likelihood you will need planning permission to change the use to a mix or character of use to be agreed with officers. 5. CHARACTER: before applying for consent, speak to planning or policy officers to check if the proposed HMO would be an acceptable use in principle in that location before spending money and time in drawing up detailed plans to check with other officers. Good luck with your plans! Best regards David Kemp #property #planning #planningexpert #propertydevelopment #realestate #quorumclub #ukproperty #propertyinvestment #jfdi #kbo

HMOs vs SELF CONTAINED STUDIOS: WARNING!! Lots of developers or property investors starting off convert a house to smaller units thinking that they have complied with Planning law. Be Very Careful about this! This often happens because the developer or their architect, or builder only sought the advice of HOUSING OFFICERS. Housing officers are focussed on housing law. This is not the same as complying with Planning. If you go about this incorrectly then you may have to undo all or some of the works, such as taking out kitchens and bathrooms, to comply with Planning. So remember the following: 1. Speak with a planning consultant before doing your works, not just your architect or builder. 2. Self contained studios below 37 sqm will be too small for Planning in almost all cases. 3. HMOs should share either a kitchen or bathroom between rooms, or both. If self-contained then they are not HMOs. Many decide to take the risk anyway, thinking that advice from the Housing team on its own is fine. However, if you get caught then you may have to change the layout or the fittings, which can often cost a lot more in LOST RENT, BUILDING WORKS, INVESTMENT VALUE, STRESS and AGGRAVATION. Know the difference between PLANNING vs HOUSING when it comes to HMO/studio house conversions! Failing to Plan is Planning to Fail! Best, David Kemp #planning #planningexpert #planningconsultant #development #propertydevelopment #HMO #HMOconversion

DRK PLANNING...? Well, I thought you might as well know more about who I am, what we do, and why I decided to set up this page. Planning is changing and more and more development strategies rely on planning to sustain the best returns possible. So every week I aim to post some insights to what we’re up to, a few thoughts, comments and tips. This week is an introduction to a 113 unit scheme involving office to residential and WHY WE CANNOT USE PD TO CHANGE THE USE. I want to hear from you too. If there are particular areas that you want to know more about then let me know. Best wishes DK