ABSTRACT

The definition in Class 3 includes an arbitrary figure of ‘not more than six persons living together as a single household’, that is, sharing the common facilities. This raises the question regarding whether any number in excess of six will take the property out of this use class. The figure is arbitrary, and the question will only arise if the numbers increase to such an extent that it can be said that the use has intensified to such a degree as to alter the character of the premises – once again a question of fact and degree. However, if the occupants, irrespective of the number, do not live as a household they may then fall to be regarded as a hostel use, or a house let in lodgings.