Q&As

Does a piece of land transferred into separate ownership from a larger piece of land in C3 residential use retain the C3 use? Could a garage on the transferred land be converted into a bungalow and an extra residential property?

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Published on LexisPSL on 05/06/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Does a piece of land transferred into separate ownership from a larger piece of land in C3 residential use retain the C3 use? Could a garage on the transferred land be converted into a bungalow and an extra residential property?

Whether a piece of land (B) transferred from a larger piece of land (A) retains the lawful use of A will depend on the circumstances.

It will depend on the terms of any planning permission which authorises the use of A, for example, it could require that the area which now forms B is used for a purpose other than residential use/the original consented use.

It will also depend on whether all of A was, before the transfer, considered to constitute one planning unit, the lawful use(s) of that planning unit, and whether B and the remainder of A, following the transfer, are now considered to constitute separate planning units.

Generally speaking, the extent of a planning unit is the unit of occupation unless or until any part of it can be identified as being physically

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