Housing Services Forum 1

HMOs Planning Update

Legal Changes

• 6th April - Introduced Use Class C4 (HMO up to 6 occupants) Tightened the definition of a single household within Use Class C3 (dwellinghouse). Occupants must be related to claim C3 use.

• 1st October – Amended the GPDO to allow conversion from C3 to C4 without the need for an application.

In effect - loss of planning control for HMOs (up to 6 occupants)

Housing Services Forum 2

HMOs Planning Update

Legal Challenge.

• Application for Judicial Review Lodged with High Court.

• Claimants - MKC, Oxford and Newcastle City Councils.

• Witness statements from five other Councils and the National Organisation of Residents Associations.

• Initial Oral Hearing Expected January 2011.

Housing Services Forum 3

HMOs Planning Update

We are therefore advising landlords

• The GPDO as amended was apparent law on 1st October and this granted planning permission for a property to be used as an HMO up to 6 people.

• However we and other councils believe the amendment is illegal, and a Court ruling will determine this.

• Any expense that property owners incur as a result of acting on this apparent permitted right in relation to a change of use from C3 to C4 in the meantime, is entirely at their own risk.

• We believe the door is still open to the possibility of quashing the legislation completely following a JR hearing hopefully.

Housing Services Forum 4

HMOs Planning Update

Possible Outcomes

• JR succeeds – Planning control is maintained, all HMOs will require planning permission and any existing can still be enforced against.

• JR fails – The only Planning control of HMOs (up to 6) would be if MKC introduce an Article 4 Direction to withdraw the Permitted Development right. A decision with regard to the introduction of the Article 4 Directions to be made 6th December 2010.

Because of the risk of compensation claims, it is likely the Article 4 Direction will be introduced, but with 12 months notice.

During this time officers will also be working on a Supplementary Planning Document (SPD) to help with determination of applications especially in relation to the effects on the character of the area.

Housing Services Forum 5

HMOs Planning Update

Once Planning Power is restored

All new HMOs will require planning permission.

Applications will be assessed against Policy including the new SPD.

Main considerations of an HMO application.

1) Numbers of existing authorised HMOs in the area. (Character)2) Parking (assessed against the parking standards).3) Amenity issues (bin storage, clothes drying, cycle storage)4) Noise Assessments. (Insulation quality of property)

Only applications which comply with policy will be permitted.

Housing Services Forum 6

HMOs Planning Update

Correct Procedure for Landlords

• If considering purchasing a property, speak to the planning HMO team first to seek an informal opinion on the likelihood of permission.

• If favourable, apply for planning permission and speak to PSH regarding the requirements under Housing Act Legislation.

• If planning permission is granted then works as specified in planning conditions and the requirements under Housing Act Legislation can be undertaken.

• When all works are completed, Tenants can move in.

Owner considers using or buying a

property as an HMO

Owner Contacts Planning & Private

Sector Housing

Before Commencing Use

Planning Officers give advice in relation to the

likely success of an application

Private Sector Housing officers give advice in relation to works required to meet requirements of the Housing Act 2004 and

associated guidance

Unlikely to get permission on this property. Owner is

advised to find an alternative property.

If it appears to meet policy a planning application is

requested.

Application Submitted

Planning Permission Granted

Planning Permission Refused. Owner should

find an alternative property or Appeal.

Works must be undertaken in accordance with the

Schedule of Works provided by PSH as well as

any planning conditions.

Tenants can move in

Licensing application approved if applicable

Appeal Lost

Appeal Won

Property Cannot be used

Correct Procedure For Landlords Setting up an HMO

Housing Services Forum 8

HMOs Planning Update

The End

Any Questions