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Houses in Multiple Occupation (HMO)


Withdrawal of Permitted Development Rights for the change of use of dwelling houses to houses in multiple occupation (HMO) by Article 4 Direction.

What are Houses in Multiple Occupation (HMO)?

'C4' HMOs are small shared dwelling houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom. Currently planning permission is not required from the Council to change use from C3 dwelling house to C4 HMOs due to 'Permitted Development Rights'.

Contacts

Planning Policy

planningpolicy@
tendringdc.gov.uk

01255 686 177


What are Article 4 Directions?

An 'Article 4 Direction' would remove the permitted development rights of a property, or properties, and bring this change of use under the control of the Council. For more information on Article 4 Directions click here.

Why does Tendring need an Article 4 Direction?

There is a concern that increases in small HMOs in the Tendring District, particularly in town centre locations like the centre of Clacton where they might detract from the tourism function of the area and lead to social and health problems if not properly controlled.

The potential benefits of introducing an Article 4 Direction include:

  • The opportunity to coherently support and manage the delivery of mixed and balanced communities in neighbourhoods throughout the town or district;

  • The ability to drive up standards of HMO accommodation in terms of appearance and function and to manage the effects of additional HMOs by the use of planning conditions;

  • The ability to minimise the negative effects that could arise from high concentrations of HMOs;

  • The opportunity to consider proposals for HMOs on their merits having full regard to local issues; and

  • The ability to improve conditions in neighbourhoods for existing residents and enhancing the attractiveness of the area to visitors, investors and potential new residents.

Related Documents

Public Notice - notification of the direction being made.

The Article 4 Direction and Public Notice are available at the following Tendring District Council Offices.

Article 4 Direction includes a map showing the Article 4 Direction area.

Planning Committee Report -
Sets out the need for the Article 4 Direction and background information.

Circular 9/95: General Development Consolidation Order 1995-
Regulations.

Making of an Article 4 Direction

On the 16th November 2011 Planning Committee resolved to make a district-wide non-immediate Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 which, when finally confirmed, will require planning permission to be obtained for all changes of use from a use class C3 dwellinghouse to a use class C4 House in Multiple Occupation.

Planning Committee Report - sets out the need for the Article 4 Direction and background information.

The Article 4 Direction and a map - showing the area outlined in red.

Consultation

Tendring District Council is undertaking a six week consultation on the proposed Article 4 Direction. This is an opportunity for you to give us your thoughts on the proposal.

The consultation runs from 20th December 2011 to 5pm 14th February 2012. . You can either send your comments to planningpolicy@tendringdc.gov.uk or alternatively, you can send your comments in writing to Planning Policy, Weeley, Clacton-on-Sea, CO16 9AJ quoting reference 'Article 4 Direction'.

Further information

The Article 4 Direction, if it is confirmed, will come into force on 24th December 2012.

The changes will not apply retrospectively to properties used as HMOs before the direction comes into force, although all properties within the Article 4 Direction area will have their permitted development rights removed for the type of development specified.

It remains possible for a C4 use to be changed back to a C3 use without requiring planning permission from the Council, and this has been the case since 6 April 2010. Change of use to HMOs with more than six unrelated individuals already requires planning permission from the Council.



Page Last Updated
20 December 2011