HMO planning appeals in Northampton
West Northamptonshire Council has introduced an Article 4 direction across much of Northampton removing permitted development rights for the conversion of houses into smaller houses in multiple occupation (HMOs).
Normally, converting a house into a small HMO (Use Class C4) can be carried out without planning permission. The Article 4 direction means that planning permission must now be obtained.
In practice, this has led to a significant number of refusals of HMO applications in Northampton. Concerns are often raised about parking pressure, noise and disturbance, or the possible impact of HMOs on established residential areas.
However, appeal decisions show that these concerns do not always justify refusal. We have won several recents appeals for HMOs in Northampton over the past twelve months.
Planning policy and HMOs in Northampton
The relevant planning policies are contained in the West Northamptonshire Joint Core Strategy and the Northampton Local Plan Part 2.
These policies recognise that HMOs play an important role in the town’s housing supply. They provide accommodation for people who cannot afford to buy a home, young professionals moving for work, migrant workers and other smaller households.
The council has also adopted a Supplementary Planning Document relating specifically to HMOs. This document sets out the criteria used to assess proposals, including:
- the concentration of HMOs in the surrounding area
- the quality of accommodation provided
- refuse storage and cycle storage
- parking provision and accessibility
Where these requirements are met, planning permission should normally be granted.
Parking concerns
Parking is one of the most common reasons for refusing HMO applications in Northampton.
The council’s guidance often refers to a requirement for one parking space per bedroom. In practice this standard is extremely difficult to achieve, particularly for terraced houses in established residential areas.
Appeal inspectors frequently take a more realistic approach.
For example, at 6 King Edward Road, the council refused permission for a six-person HMO because the property had no off-street parking. The inspector concluded that the house was located close to bus stops, shops and other facilities and that future occupiers would not necessarily need a car. Planning permission was therefore granted on appeal.
Similarly, at 12 Winchester Road, the council argued that the HMO would worsen parking stress. The inspector accepted that parking pressure existed in the street but concluded that the change of use would not materially increase parking demand compared with the existing dwellinghouse.
In both cases, the appeals were allowed.
Noise and disturbance
Another frequent concern is that HMOs will generate additional noise and disturbance compared with a single dwellinghouse.
However, inspectors often note that HMOs remain a residential use. The difference between a large family house and a small HMO is often limited.
In a recent appeal at 235 Abington Avenue, the council argued that a seven-person HMO in a terraced house would cause unacceptable noise and disturbance to neighbouring properties.
The inspector acknowledged that there might be slightly more comings and goings than a typical family house but concluded that there was no evidence that the use would generate a significantly greater level of noise or disturbance. Planning permission was therefore granted.
Over-concentration of HMOs
Local policy also seeks to prevent excessive concentrations of HMOs in particular neighbourhoods.
In Northampton the council normally applies a threshold of ten per cent of dwellings within a fifty-metre radius.
Where this threshold is not exceeded, inspectors are generally reluctant to accept arguments that a single additional HMO would harm the character of the area.
In several appeals, the council itself accepted that the concentration test was met, leaving only secondary issues such as parking or amenity to be considered.
HMO appeal successes in Northampton
Just Planning has successfully represented clients in several HMO appeals in Northampton, including:
- 12 Winchester Road – appeal allowed for a six-bedroom HMO after refusal on parking grounds
- 6 King Edward Road – appeal allowed for a six-person HMO despite the absence of off-street parking
- 235 Abington Avenue – appeal allowed for a seven-person HMO after concerns about noise and disturbance
These cases demonstrate that refusals of HMO applications are often open to challenge.
Appealing a refused HMO application
If your HMO planning application has been refused in Northampton, it is important to review the council’s reasons carefully.
Appeal inspectors frequently take a more balanced approach and require clear evidence that a proposal would cause harm before dismissing an appeal.
Where a proposal complies with the relevant planning policies and does not lead to a harmful concentration of HMOs, planning permission may still be granted on appeal.
You can read a full guide to the planning rules for HMOs, including Article 4 directions and planning appeals, here: Planning Permission for HMOs.
For more on getting planning permission for HMOs, Martin Gaine’s book – Planning for HMOs – provides a complete guide.
