HMOs (Houses in Multiple Occupation) Consultation Draft

• Posted by David Jones on 27th Aug ’09 at 09:39 UTC
• 0 comments

Consultation on changes to Use Classes Order seeking to provide greater control of HMOs.

The Government have published a consultation document entitled "Houses in multiple occupation and possible planning response" (May 2009.) Consultation Draft Document

The proposals seek to regulate houses in multiple occupation (HMOs). Currently up to 6 unrelated people can occupy a single dwelling as a household without the need for planning permission.

The current legislation allows for example a group of 6 students to occupy a single dwelling without the local authority having any control over the uses. In larger university towns this so called studentification has caused problems during peak term times including parking, noise and litter, and conversely outside of term time the decline in population has lead to the loss of facilties serving the local community.

Some south coast towns have experienced growth in HMOs accommodating migrant workers and their families.

The consultation paper proposes two alternative options:-

Option 1: Non legislative local management option

This option would mean proceeding with the dissemination of good practice allowing local areas to find a solution for local problems and leaving the planning legislation unchaged.
The research undertaken as part of the consultation document proffered the possibility that perceived problems with student accommodation would in time correct itself as more purpose built student accommodation comes on board. It is certainly the case that in university towns private developers have constructed and continue to develop good quality purpose built student accommodation. Companies such as Unite have a national build programme to serve demand for this type of accommodation.
It is also true that many university towns have a significant under supply of good quality purpose built halls of residence and in these areas HMOs will fill the gap.

Option 2: Amendment of Use Classes Order (UCO)

This would involve a legislative change. The consultation document suggests the following alternative solutions:-

• Amend the threshold in the UCO to refer to not more that 3 people living together as a single household (currently 6 people)
• New HMO use class or
• Remove HMOs from the use classes order.

Option two is favoured by the RTPI and Planning Officers Association (POS)
Option 3: The use of an article 4 direction to remove powers for properties to convert to HMO

This would require on the one hand an amendment to the UCO to define an HMO as a new Use Class coupled with amendments to the General Permitted Development Order to allow changes between a dwelling house and HMO as permitted development.

This would allow Local Authorities to determine on the basis of local conditions whether it is appropriate to restrict changes of use within the administrative boundaries of a Local Authority area or within a specific district or sub-area. Such a restriction would need to be supported by planning policy to justify the removal of permitted development rights.

David Jones Head of Planning at Evans Jones LLP comments:

Many organisations consider that any additional legislative burden is unnecessary and is a 'hammer to crack a nut'. The British Property Federation (BPF) have branded the proposals a nimbies charter It is however evident that the proliferation of groups such as students in high concentrations can have a negative impact upon an area. Whilst market forces may eventually generate sufficient purpose built halls of residence for students this is unlikely to be achieved in the short or medium term.

Whilst in certain parts of the country greater control would be beneficial, it is also true that the changes could potentially undesirably impact upon other uses such as small scale care homes. (care in the community)

If legislative changes are imposed then these will not impact upon existing premises but will undoubtedly limit the supply of new HMOs.

The consultation period has expired and we wait to see how Government react to the consultation exercise.

For further advice contact David Jones DDI 01242 531411