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ARTICLE 4 DIRECTION Houses in Multiple Occupation

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Page 1: ARTICLE 4 DIRECTION Houses in Multiple Occupation

ARTICLE 4 DIRECTION

Houses in Multiple Occupation

Page 2: 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)

Page 3: ARTICLE 4 DIRECTION Houses in Multiple Occupation

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

Page 4: ARTICLE 4 DIRECTION Houses in Multiple Occupation

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

Page 5: ARTICLE 4 DIRECTION Houses in Multiple Occupation

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

Page 6: ARTICLE 4 DIRECTION Houses in Multiple Occupation

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

Page 7: ARTICLE 4 DIRECTION Houses in Multiple Occupation

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

Page 8: ARTICLE 4 DIRECTION Houses in Multiple Occupation

THE PROCESS SO FAR

All information available on our website www.plymouth.gov.uk/hmoarticle4

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 2011 34 responses were received including 3 from

Landlords’ Associations and 1 from a Community Group

Scrutiny, 9 January 2012 Direction confirmed, 14 February 2012

Page 9: ARTICLE 4 DIRECTION Houses in Multiple Occupation

THE ARTICLE 4 DIRECTION IN PLYMOUTH

Page 10: ARTICLE 4 DIRECTION Houses in Multiple Occupation

THE EFFECT OF THE DIRECTION

Comes into effect from 14th 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

Page 11: ARTICLE 4 DIRECTION Houses in Multiple Occupation

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

Page 12: ARTICLE 4 DIRECTION Houses in Multiple Occupation

COUNCIL TAX EXEMPT PROPERTIES

Page 13: ARTICLE 4 DIRECTION Houses in Multiple Occupation

ANY QUESTIONS?

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