housing services forum1 houses in multiple occupation: planning update

Housing Services Forum 1

Houses in Multiple Occupation: Planning Update


HMOs Planning Update

Legal Changes - Recap

• 6th April - Introduced Use Class C4 (HMO up to 6 occupants) Tightened the definition of a single household within Use Class C3 (dwellinghouse) and provides consistency with the Housing Act 2004 definition

• 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)



Legal Challenge.

• Application for Judicial Review Lodged with High Court.

• Council’s application was dismissed in April 2011 as the Judge considered the Govt. has a broad discretion as to how the consultation should be undertaken and that the main adverse impacts of the changes had been flushed out before the decision to lay the information was made.

• Council was granted leave to appeal this decision.



Legal Challenge.

• Appeal heard at the Court of Appeal on the 23rd November 2011 by Lord Justices Pill & McFarlane and Lady Justice Arden.

• Court will issue their decision before Christmas



Possible Outcomes

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

• JR succeeds – Court issues a direction advising that the Govt. was wrong in its procedure but does not quash the legislation.

• JR fails – The legislation will remain in force.



• To maintain Planning control of HMOs within the Milton Keynes area the Council has introduced Article 4 Directions

• Article 4 Directions are issued by the Council in circumstances where specific control over development is required, primarily where the character of an area of acknowledged importance would be threatened.

• Such Directions are usually applied over an area rather than an individual property and are registered as a Local Land Charge.

• The effect of such a Direction is to remove permitted development rights, thereby necessitating a planning application to be made. In this case the Council has removed the permitted development rights which enable a residential dwelling to be converted to an HMO without planning permission.



Immediate Article 4 Direction

Milton Keynes Council made an Article 4 (1) Direction on 29th December 2010. The Direction removed permitted development rights for the change of use from dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4). The Direction had immediate effect from 30th December 2010 and was due to expire on 30th June 2011 unless confirmed before expiry.

The Council invited representations on the Article 4 Direction between the 30th December 2010 and the 24th March 2011. All representations were considered and on the 23 June 2011 the Council resolved to confirm the immediate Article 4 Direction. The Direction was subsequently confirmed by the Council on the 28th June 2011.

The confirmed Article 4 Direction applies to the whole of the Milton Keynes Council area, save for the Wards of Hanslope Park, Olney, Sherington and Danesborough.



Non-Immediate Article 4 Direction Confirmation

Milton Keynes Council made an Article 4 (2) Direction on 22nd December 2010. The Direction removes permitted development rights for the change of use from dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4).

The Council invited representations on the Article 4 Direction between the 23rd December 2010 and the 17th March 2011. All representations were considered and on the 23 June 2011 the Council resolved to confirm the non-immediate Article 4 Direction. The Direction was subsequently confirmed by the Council on the 28th June 2011. The Direction will have effect from the 23rd December 2011.

The confirmed Article 4 Direction applies to the whole of the Milton Keynes Council area.



The Article 4 Directions mean that

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.



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


Houses in Multiple OccupationSupplementary Planning Document

Housing Services Forum

December 2011


How are applications currently assessed?

4 Main Issues:

• Noise and disturbance

• Parking

• Bin Storage

• Character and Concentration


Supplementary Planning Document

• Provides additional guidance on the 4 main requirements of the Local Plan Policy H10.

• Need to balance concerns of community with recognition of role HiMOs have in meeting housing need.

• Draft SPD is accompanied by a background evidence paper


Noise, Bin Storage and Parking

• Requirement for applicant to demonstrate what measure will be taken to minimise noise both for neighbours and occupants of HiMOs.

• ‘Bin Storage’ and ‘Parking’ replicates existing guidance from Waste DPD and Parking Standards Addendum.


Parking

• Parking Standards Addendum requirements:


Character and Concentration

• Main area for new guidance in the SPD is character and concentration.

• What constitutes an ‘unacceptable concentration of flats or houses in multiple occupation within the area’?

• No existing policy guidance – analysis of buffers and concentrations undertaken in supporting evidence paper.


Character and Concentration

Proposed SPD policy:

• Setting an appropriate size for a buffer and threshold was not an exact science


100m buffer

• A buffer approach allows a consistent definition and application of what ‘the area’ is.

• 100m buffer was considered to represent a reasonable distance given the local scale impacts of HiMOs.


20% Threshold

• 20% was considered a reasonable threshold

•Will need to be monitored to assess effectiveness


‘Sandwiching’

• ‘Non-sandwiching’ approach to prevent small concentrations within the 20% buffer areas.


Summary

• SPD brings together existing guidance

• Combination of buffers and non-sandwiching approach should help to create and maintain mixed communities but not a mandate to say ‘no’ to new HiMOs.

• Provide greater clarity for applicants, neighbours and decision makers on what would be considered acceptable.


Consultation

• Consultation closes on Friday 13 January 2012.

• All documents available from: www.milton-keynes.gov.uk/himo-consultation.gov.uk

• Respond online: http://miltonkeynes-consult.objective.co.uk

• Or email [email protected]



The End

Any Questions

housing services forum1 houses in multiple occupation: planning update

Documents

planning update slide

planning control of

planning application

planning permission

housing act

directions article

housing services forum1

christmas slide