5 days ago
Newport house confirmed as lawful HMO for over 10 years
A certificate of lawfulness was issued for the property in Clyffard Crescent, Newport, after evidence was submitted showing continuous use as a four-bedroom, five-person HMO under use class C4.
The three-storey, mid-terraced house comprises a basement with a kitchen, bedroom, shower, toilet, and garden access; a ground floor with a communal lounge and a bedroom; and a first floor with two bedrooms and a bathroom.
The application was submitted by the owners, and was assessed under planning application number 25/0244.
The application was made under Section 191(2) of the Town and Country Planning Act 1990, which stipulates a 10-year period for changes of use other than to a single dwelling.
Key evidence supporting the application included floor plans and drawings detailing the property's internal layout, as well as a statutory declaration confirming continuous use as a four-bedroom, five-person HMO for at least 10 years.
The property also had a series of HMO licences issued on July 3, 2016, July 4, 2021, and another dated August 1, 2011.
Tenancy agreements covering the periods from September 29, 2014, to April 4, 2019, and from April 1, 2019, to September 1, 2026, were also submitted as evidence.
Additionally, a council tax record noted the property as being vacant since October 2024, with plans to let it again shortly after March 2025.
The planning authority accepted the evidence on the balance of probabilities, determining that the property met the criteria for lawful existing use as a C4 HMO due to continuous 10-year usage.
No objections were received regarding the application.
The decision was also considered compliant with Newport's Well-Being Plan 2018–23.
The Welsh Government's 2015 study on HMO concentrations influenced changes requiring small HMOs (3–6 unrelated individuals sharing amenities) to have planning permission under C4 from February 2016.
However, properties in lawful HMO use before February 2016 may continue such use without needing retrospective permission, provided continuity of use is demonstrated.
The evidence submitted by the Simmons family, including a statutory declaration from the current owners confirming continuous HMO use since October 20, 2011, was found to be sufficient in proving the lawful use of the property as a C4 HMO since at least October 20, 2011.
The use of the property as an HMO was found to have no significant impacts identified under the Crime and Disorder Act 1998, Equality Act 2010, or Planning (Wales) Act 2015.
