Council ‘planning consent’ clampdown on small HMOs

Council ‘planning consent’ clampdown on small HMOs


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A council is to use the so-called Article 4 Direction to stop the spread of HMOs.

Article 4 Directions allow local planning authorities to remove or restrict permitted development rights in designated areas.

Rugby council’s use of the device means a landlord who wishes to convert a C3 (dwelling house) property into a small C4 (HMO) property must apply to the council for planning permission.

The direction – set to come into force from February 2025 – applies to all homes in five Rugby wards. The direction is described by the council as the first stop in a plan to adopt additional powers to control the number and location of HMOs in certain wards, with a policy set to be included in the borough’s new Local Plan.

Once in force, the direction means all HMOs in the stated wards must apply for planning permission, as larger HMOs across the borough already need planning permission.

A council spokesperson says the measure aims to strike a balance between meeting the housing needs of residents and protecting the character and amenities of council wards which had seen a recent increase in HMOs.

She adds: “When developers convert a dwelling house into a small HMO under permitted development rights, the council currently has no way of keeping a record of how many small HMOs have been developed or the location of those HMOs.

“By bringing small HMOs into the planning process, we can consider each application against both national and local planning policies while also giving residents the opportunity to comment on applications before the council considers whether to recommend or refuse the plans.”

The Article 4 Direction was drafted following a council review of HMOs in the borough,  launched in response to concerns raised by residents.

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