Changes to Planning Rules in Relation to Houses in Multiple Occupation (HMOs) effective 1 August 2013
Background
Historically, in planning terms, houses and flats were classified as class 'C3 dwelling houses', irrespective of whether they were used by families or shared by unrelated persons.
In April 2010 the Use Classes Order was amended, part of the amendment was that dwellings occupied by between 3 and 6 unrelated people, were reclassified under a new planning use class 'C4 Houses in Multiple Occupation' (HMO's).
Currently changes of use between these two use classes (C3 dwelling houses and C4 HMO's) are not subject to planning controls as this change of use is Permitted Development. However, the Government has given individual Councils the power, through the use of an Article 4 Direction, to remove this and other types of Permitted Development rights
In April 2010 the Use Classes Order was amended, part of the amendment was that dwellings occupied by between 3 and 6 unrelated people, were reclassified under a new planning use class 'C4 Houses in Multiple Occupation' (HMO's).
Currently changes of use between these two use classes (C3 dwelling houses and C4 HMO's) are not subject to planning controls as this change of use is Permitted Development. However, the Government has given individual Councils the power, through the use of an Article 4 Direction, to remove this and other types of Permitted Development rights
On 16 May 2012 a report ‘Article 4 Direction Houses in Multiple Occupation’ was presented to members at Full Council. A copy of this report is available below.
This report was put to Members because of increasing concerns about Houses in Multiple Occupation (HMO's) in Torbay. It considered their definition, extent and role within Torbay's housing market. It looks at concerns about the impact of HMO's on amenity, alleged anti-social behaviour etc and recommended that the Council should prepare an Article 4 Direction removing Permitted Development rights to change from Use Class C3 Dwelling to C4 Small HMO, without the need for express Planning Permission. At the meeting, Full Council supported the proposed Article 4 Direction to remove this element of Permitted Development rights throughout the whole of Torbay.
It is not the case that the Council would not support planning applications for a change of use from C3 dwelling house to C4 Houses in Multiple Occupation. The Council however feel that in order to ensure Torbay is an area of mixed and balanced communities that these changes of use are tested against the relevant local and national policies to ensure we maintain balanced communities and do not create areas with an over dominance of a particular housing type.
Notice of Article 4 Direction
On 1 August 2012, Torbay Council gave notice of its intention to make an Article 4 direction under article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995 as amended.
This is a non-immediate direction and is proposing to make changes to planning rules. As a result of the Article 4 Direction from 1 August 2013, it will become necessary to obtain planning permission to convert a family dwelling (Use Class C3) to a HMO with between 3 and 6 unrelated people sharing (Use Class C4) throughout the whole of the Torbay area.
To view the direction, including a map (Article 4 Direction Plan) defining the area covered by the direction,please follow the links at the bottom of this page. A copy of the Statutory Notice can also be found to the bottom of this page.
Consultation
A formal consultation between Wednesday 1 August 2012, and Friday 31st August is now being under taken.
A copy of the direction, including a map defining the area covered, can be viewed below and is available for public inspection at the following locations during normal opening hours:
- Spatial Planning, Roebuck House, Abbey Road, Torquay TQ2 5TF
- Connections (Torquay), Town Hall, Castle Circus, Torquay TQ1 3DR
- Torquay Reference Library, Lymington Road, Torquay TQ1 3DT
- Paignton Library/Connections, Great Western Road, Paignton TQ3 5AG
- Connections (Brixham), New Road, Brixham TQ5 8TA
- Brixham Library, Market Street, Brixham TQ5 8LZ
Please send your representations by email to hmo@torbay.gov.uk, written representations should be sent to Development Services Team, Spatial Planning, Torbay Council, 2nd Floor, Roebuck House, Abbey Road, Torquay TQ2 5DP, or faxed to 01803 208858. If you have any queries, telephone Alistair Wagstaff on 01803 208848.
Useful Information
- Planning permission is already required for properties shared by 7 or more unrelated people (Use Class Sui Generis).
- Current planning policies of the Saved Adopted Torbay Local Plan 1995-2011 will be used to assess planning applications relating to HMO's after this date, until the new Local Plan is Adopted
- A new Supplementary Planning Document is proposed to be produced providing specific guidance on the implementation of these policies.
- It remains possible for a C4 use to be changed back to a C3 use without requiring planning permission from the Council.
Related Documents
All documents open in a new window. Need more help with documents? View the Document Help page.
-
Article 4 Notice and Map
Torbay council town and country planning (general permitted development) order 1995 as amended direction made under article 4.
Last updated: 27/07/2012, 3:09pm (3.3 MB) -
Full Council Report
What we are trying to achieve and the impact on our customers.
Last updated: 27/07/2012, 3:11pm (51 KB) -
Article 4 Press Release
Torbay council town and country planning (general permitted development) order 1995 as amended.
Last updated: 27/07/2012, 3:11pm (27 KB)
Related Websites
Contact
- Email: planning@torbay.gov.uk
- Tel: 01803 207801
- Fax: 01803 208858
