Tighter controls for HMO housing move a step closer
Published: 2 January 2024
There is a growing market in Derby for shared accommodation
Extra planning controls for house conversions could be introduced under plans being considered by Cabinet.
A proposal to apply for more powers to regulate HMOs (House in Multiple Occupation) follows an investigation in the Arboretum ward which mapped where shared properties are concentrated and looked for evidence that they are creating problems on the streets.
There is a growing market in the city for HMOs, and the study found that some residents are concerned that too many in one area creates problems, such as a lack of parking, anti-social behaviour such as fly tipping, and a deterioration of buildings.
Currently anyone who wants to convert a house into accommodation for six or more people needs planning permission, but this isn’t the case where the house will have fewer residents. Conversion to a small HMO is considered permitted development under national Government planning legislation.
To change this, the Council needs to apply to the Government for an Article 4 Direction under the Town and Country Planning Act 1990. This can only be granted if the Secretary of State is satisfied that there is robust evidence that smaller HMOs are causing harm, in planning terms, to the local area.
If granted, the Article 4 direction would give the Council greater powers to control the number of HMOs within a defined area of the city and impose conditions to limit noise or provide adequate parking space or bin storage.
Councillor Shiraz Khan, Cabinet Member for Housing, Property and Regulatory Services, said:
HMOs are a great housing option for lots of people, provided they are of a high quality. Having too many of them in one area can lead to anti-social behaviour and increased pressures on parking and other amenities. An Article 4 direction would give the Council some control where HMOs are causing issues.
We want our communities to thrive and make sure that tenants in HMOs live in safe and decent homes.
It’s also important to remember that currently, we don’t have an option to assess whether premises are suitable for conversion to smaller HMOs. Many landlords keep their properties in good order, but we know that some smaller HMOs have rooms that wouldn’t be approved if they had to go through the planning process.
If Cabinet approves the proposal, there will be a public consultation within the suggested Article 4 area, which covers a number of city wards, including Arboretum and Abbey.
Cabinet will meet to decide on the proposals on Wednesday 10 January at 4pm. The meeting can be watched live on the Council’s YouTube channel.