Regency Hall, Cheltenham.   Certificate of Lawful Proposed Use or Development

Background

Regency Hall is situated at the corner of Winchcombe Street and Fairview Road Cheltenham. The property is currently a hostel where no significant element of care has been provided and which has been in situ for more than 15 years.

An application was approved on the 27th of June 2005 for the ‘erection of a 100-bed space student hostel (Class C1).’ However, there were no conditions attached to the permission which specifically restrict the type of occupancy for the hostel use or limit the number of bed spaces.

Site details and constraints

  • Central conservation area
  • Core commercial area.

Our role

MEP was instructed to obtain a Certificate of Lawful Proposed Use (CLEUD) for the use of Regency Hall as a hostel with shared facilities for use by occupants. Thus, MEP were instructed to seek confirmation that the hostel building has unrestricted hostel use and that the use of the property for occupants other than students does not require the benefit of planning permission.

Outcomes

MEP provided evidence demonstrating that, whilst planning permission was granted for the erection of a 100-bed space student hostel, crucially, as there are no conditions restricting the occupancy of the hostel to students or the number of bed spaces, there is no planning condition in force which restricts the occupancy of this hostel to students. As such, in the absence of any planning conditions specifically controlling the person type or the quantum of occupants, the building can be lawfully occupied by persons other than students and is not restricted to a specific quantum.

As part of the evidence submitted, reference was made to relevant cases which reinforced the established principle that where planning permission is granted for a certain use, any limitation on the way that use is exercised must be imposed by condition, not just in the description of the development.

Cheltenham Borough Council accepted the evidence forwarded in support of the application and a Certificate of Lawful Proposed use was granted.

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