Changes to Planning Legislation affecting HMOs Ian Davies Area 1 Team Leader, Economic Regeneration & Planning

Background Welsh Government undertook a review into the impact of HMO concentrations on local communities. Majority of concentration areas predominantly student HMOs

Findings The Review confirmed that common problems include: Damage to social cohesion with higher levels of transient residents and fewer long term households and established families, leading in the long term to communities which are not balanced and self-sustaining. Access to the area for owner occupiers and first time buyers becoming much more difficult because of increased house prices and competition from landlords, with a reduction in the number of family homes; Increases in anti-social behaviour, noise, burglary and other crime;

Findings Reduction in the quality of the local environment and street scene as a consequence of increased litter, refuse and fly tipping, increased levels of disrepair and prevalent letting signs; A change of character in an area through a tendency for increased numbers of takeaways, discount food stores and letting agencies; Increased pressure on parking; Reduction in provision of community facilities for families and children, in particular pressure on schools through falling rolls.

Outcomes Welsh Government has introduced changes to the Use Classes Order to address these issues. Use Classes Order is legislation that places different uses into different classes.

Position prior to 25 th February 2015 Class C3 (dwellinghouses) defined as being used: -by a single person or by people living together as a family, or -by not more than six residents living together as a single household (inc. where care provided)

Properties with over 6 residents living together (not families) – classed as Sui generis (not in a class) Planning permission was not required to change from a dwelling occupied by a family to a shared house with up to six residents.

Position from 25 th February 2016 Use Classes Order amended in Wales New use class created – Class C4 Class C4 (Houses in multiple occupation (3-6 occupants) - Shared houses or flats occupied by between three and six unrelated individuals who share basic amenities.

Amendment to Class C3: - C3(a): a single person or those living together as a single household as defined by section 258 of the Housing Act 2004 (basically a ‘family’); - C3(b): those living together as a single household and receiving care; - C3(c): those living together as a single household who do not fall within the C4 definition of an HMO.

What does this mean? From 25 th February, planning permission is needed to change the use of a property from a dwelling house (Class C3) to a HMO occupied by 3 – 6 unrelated people (Class C4) Still needed to change to a property occupied by more than 6 unrelated people (Sui Generis)

Changes are not retrospective. Property already occupied by 3-6 unrelated people as single dwelling on 24 th February would be classed as C4 on 25 th February. Should apply for a Certificate of Lawful Use to either confirm existing use or whether planning permission is required for proposed use. Planning permission is not required to change from HMO (Class C4) to dwellinghouse (Class C3)

Further Information 25houses-in-multiple-occupation-practice- guidance-en.pdfhttp://gov.wales/docs/desh/publications/ houses-in-multiple-occupation-practice- guidance-en.pdf 25houses-in-multiple-occupation-practice- guidance-cy.pdfhttp://gov.wales/docs/desh/publications/ houses-in-multiple-occupation-practice- guidance-cy.pdf Any questions?