Commercial property converted for residentual use.....

[Train]

Hi
If a mixed-use zoned property was last used for residentialpurposes (council has plans of a two flat boarding house set up).. can it's use be automatically continued as residential or as a boarding house?
Bit rough round the edges, but was fire separated, etc….there are also two power meters.
Council does NOT have this listed as flats now.
I know there are many variables in something like this, but can existing usage rights be claimed.
There are a few too many rooms and not enough light as well.
Would it be best to leave as is (fire engineer hinted it was) or have it redrawn?
I would prefer to loose a couple of rooms and pull in the light,but if it means a whole load of hoops and costs I’d rather just leave the dooropen and let tenants use the room as extra living space….

Any advice would be appreciated.

[DaveW]

A boarding house is a discretionary business activity which you need council consent for.

Sounds like that ought to be your first port of call before addressing your other questions.

[Train]

A boarding house is a discretionary business activity which you need council consent for.

Sounds like that ought to be your first port of call before addressing your other questions.

I thought a boarding house was a permiitted activity in a mixed use zone.

I think I must have been unclear with my question - I will try again.
Can the last approved activity be continued in a property?
This may be for example an old house converted into offices in a residential zone or a commercial building that was converted into residential use?
The lodged plans show an office,but council has it marked as residential.
It maybe a council mistake or a can of worms.

Hope that is clearer.

[DaveW]

"mixed use" is a broad zoning category, the actual uses allowed are more specific to area, parking, etc..

[Davo36]

Generally if a property has been operating for a long time with a certain use, you can continue that use. The term is 'existing usage rights'.

But this only usually lasts for 12 months after the property comes vacant. Then the council can look at it again.

None of this is law, but is usually part of a district plan. Where in the country is your property?