Our clients in Northampton have recently been finding it difficult to get planning permission to convert houses into houses in multiple occupation (HMOs).
Usually, changing the use of a house to a smaller HMO (with up to 6 occupiers) is permitted development – you don’t need planning permission at all. You only need planning permission for larger HMOs (more than 6 people).
However, Northampton Borough Council has introduced an ‘Article 4 Direction’, which takes away this permitted development right. As a result, all HMOs need full planning permission.
This is a big deal, since even renting a flat to 3 sharers means that you have created a HMO and require planning permission!
In 2019, the council introduced a ‘supplementary planning document’ on HMOs. They call it the HIMO SPD. It sets out the guidance the council will follow when assessing planning applications for HMOs.
The HIMO SPD is generally quite positive about HMOs. It notes that the population of Northampton is growing and acknowledges that HMOs form a valued part of the overall housing mix:
“It is recognised that HMOs play a key role in providing accommodation for students, but they also provide homes for migrant workers, those on lower incomes and those who are not in a position to own, or have no immediate desire, to purchase a home.”
It notes that demand for HMO accommodation is growing strongly, partly driven by “strong international economic in-migration within Northamptonshire bringing with it skilled workers” and also by an increase in single-person households, which are expected to grow in number from 27,247 in 2006 to 43,192 by 2026.
It reports that the council commissioned a study by Loughborough University in 2018 which identified “an under supply of HMOs in Northampton and (that) the demand is likely to increase”.
However, it also notes that “over-concentrations of HMOs in Northampton have had detrimental effects on the character of local communities and neighbourhoods”. The SPD expresses concern that HMOs suffer from poor maintenance, refuse spilling on the street and anti-social behaviour.
The SPD sets out policies that new HMOs must follow. Principle 1 says that new HMOs should not:
“result in more than 10% of the total number of HMO dwellings, regardless of whether licensed or not, within a 50m radius of the application site, in order to prevent over concentration of similar uses in one locality“
It explains that:
“The 50m radius is to be measured from the curtilage of the application dwelling. Residential properties within 50m of the application property will only be included in the calculation of concentration where at least 50% of that plot, or any part of the main dwelling building is within the 50m radius. Flats are to be counted as individual properties. The calculation only includes residential properties.”
Principle 2 sets out space standards for HMO accommodation and the facilities required to provide a sufficiently high quality of internal living accommodation. It states that:
“All occupants must have direct access to adequate waste and recycling facilities to ensure that sufficient refuse storage is available within the curtilage of the site and within a secure facility. All proposals will protect the amenity and the provision of a good standard of living environment for neighbouring and local occupiers as well as future residents and users of the development.”
Principle 3 relates to flood risk and Principle 4 addresses the issue of parking. It requires that a new proposed HMO meets the adopted car and cycle parking standards set out in the Northampton Parking Standards SPD. If sufficient off-street parking is not provided, the site must be located within 400m of bus stops, shops and other facilities.
The Northamptonshire Parking Standards (2016) sets a parking standard of 1 space per bedroom for HMOs where there is additional demand for parking and this cannot be accommodated on the adjoining streets.
Despite the general support for HMOs in the SPD, the council has been refusing a large number of the applications it received. Happily we have won some recent appeals in the borough.
If you have been refused planning permission for a HMO in the borough, consider making use of our £99 case review service. If you think you meet the guidance set out in this article, you can take advantage of our low cost, fixed fee £399 appeal service.
