The Use Classes Order governs the use to which a property can be put. If the use changes, but remains within a particular class, then it is permitted development (ie no need for planning permission). However, the Use Classes have now been altered to create a separate planning class for Houses in Multiple Occupation (HMOs). The planning classes are:

Class C3 has been amended to cover single households of up to six occupiers;

a new Class C4 has been created to cover HMOs of up to six people;

properties with more than six occupiers will continue to be outside any planning category.

The end result of this is that any property which is an HMO (irrespective of whether it needs a licence) will need to have a separate planning approval. Whilst this will not apply retrospectively to existing tenancies it will presumably apply on renewal, and the end result is likely to be a large increase in the number of planning applications.

It is worth making the point that this new regime is not a replacement for HMO licensing, but it does allow the LA to deal with the fact that an HMO licence cannot be refused on the grounds that there are lots of other HMOs in the same area. At the same time, it will almost certainly enable LAs to impose extra standards and obligations that might not otherwise have been within its power. Source: Painsmith (http://blog.painsmith.co.uk).