ARTICLE 4 DIRECTION Houses in Multiple Occupation

OVERVIEW  What is an Article 4 Direction?  What is an HMO?  The Article 4 Direction in Plymouth  Determining Applications (Key Points)

WHAT IS AN ARTICLE 4 DIRECTION? (1)  First, some background Certain Types of works are ‘development’ Development requires planning permission For some types of development, planning permission is granted by ‘Permitted Development Rights’ Otherwise, planning permission is required from the Council  Permitted development rights can be for changes of use or operational development

WHAT IS AN ARTICLE 4 DIRECTION? (2)  It removes permitted development rights for certain development in an area  Therefore requires a planning application to be submitted to the Council for that development.  Applications relating to an article 4 direction do not currently require a fee

WHAT ISN’T AN ARTICLE 4 DIRECTION?  It does not mean that the development is unacceptable in itself…  …only that an application is required to be submitted  Assessment against policies are required during planning applications  Statutory right of appeal to the secretary of state, normally dealt with by the Inspectorate

WHAT IS A HMO?  Circular 08/10 (Replaced 5/10 which aligns the Use Classes Order with the definition of a HMO within the Housing Act 2004)  C3 Dwelling House - Family House or only 2 unrelated people  C4 HMO - Three to six unrelated people, who do not form a single household  Sui Generis - More than six unrelated people living together

A (SHORT) HISTORY OF HMO LEGISLATION  Amendments to the Use Classes Order on the 6th April 2010 (introduced C3 and C4 classes)  Permitted development allowed for changes from C4 to C3  Amendments on 1st October 2010 to the General Permitted Development Order 1995 to allow a use class change from C3 to C4 and back again without an application to the Council.  The Local Authority can introduce an Article 4 Direction to override the General Permitted Development Order where they wish to control the concentration of HMOs

THE PROCESS SO FAR  All information available on our website  Study by ARUP published January 2011 'Student Housing in Local Communities’  Cabinet resolved to make the Direction, 23 August 2011  Consultation, 13 September 2011 to 25 October responses were received including 3 from Landlords’ Associations and 1 from a Community Group  Scrutiny, 9 January 2012  Direction confirmed, 14 February 2012

THE ARTICLE 4 DIRECTION IN PLYMOUTH

THE EFFECT OF THE DIRECTION  Comes into effect from 14 th September 2012  Changes of use from C3 (dwellinghouse) to C4 (HMO) will require planning permission from the Council  Changes of use from C4 (HMO) to C3 (dwellinghouse) continue to be permitted development  Changes of use to ‘sui generis’ have always required consent

DETERMINING APPLICATIONS  The Article 4 Direction is not a policy and therefore its existence is not reason enough to refuse a planning application.  Decisions to be made in accordance with the development plan, including reference to the Development Guidelines Supplementary Planning Document…  …and any available evidence  A Development Guidelines SPD and evidence update is currently underway in relation to HMOs

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