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Loughborough Houses In Multiple Occupation
Posted on 06/11/2007
P. Klein
6th November 2007
There may be hope on the horizon for stricter powers to enable Councils to control the number of family homes converted and rented out to groups of unrelated individuals. Such Houses in Multiple Occupation (HMOs) in Loughborough have been particularly attractive to groups of students.
That has led to certain tensions and concerns for the well being of long term residents and students alike.
Councillor Hilary Fryer, Charnwoods Cabinet Lead Member with responsibility for planning commented, "We are sympathetic to the situation and have made efforts to work closely with the University, student representatives and local residents in an effort to address the problems and, together, we are making progress. But it comes as a surprise to many people that under current national planning law the conversion of a family home to a rented house for up to six unrelated people living together does not require planning permission, leaving the Council powerless to control the spread of HMOs.
As part of a consortium the Council has been pressing the government for a change in planning law and in a recent letter from the Communities and Local Government department it has been announced that the government intends next year to consult on proposals to amend planning regulations in relation to HMOs and to establish a Taskforce to advise the government on related measures to tackle problems related to high concentrations of such properties.
Welcoming the announcement Councillor Richard Shepherd, Leader of Charnwood Borough Council said, "This is certainly a step in the right direction. The Storer Road Residents Group along with the University and the Students Union are to be congratulated for their part too in causing the government to sit up and take notice. However, we must recognise that this is only the first step and it may be some time before we actually see any change in national planning regulations. In the meantime we look forward to contributing to the work of the proposed Taskforce and commit to pooling our resources with our partners in managing the situation to the best of our shared abilities.
Further Information:
The Town and Country Planning (Use Classes) Order 1987 [last amended in 2005] categorises land and property uses into "classes so as to define similar uses and allow some movement within and between certain classes without the need for planning permission.
The Order defines a (C3) dwelling as a property occupied:
Consequently the conversion of a "family home to a private rented dwelling for up to six unrelated individuals does not require planning permission.
The concept of a House in Multiple Occupation (HMO) does not exist in planning law, although it is recognised as a specific form of tenure in the Housing Acts which provide separate regulatory powers which fall short of preventing the use in the first instance.
The prospect of a consultation on a potential amendment to the Use Classes Order in respect of HMOs may offer the prospect of a combined definition under the respective planning and housing codes and consequent changes to the Use Classes Order to draw a distinction in planning law between a dwelling and a HMO.