This was an appeal against the refusal of planning permission for a HMO in Northampton under the policies of West Northamptonshire Council.
Normally, it is permitted development (meaning you do not need planning permission) to convert a house into a HMO.
However, in this case the council had introduced an Article 4 direction removing permitted development rights for the change of use of a dwellinghouse (Use Class C3) to a smaller HMO (Use Class C4).
The Article 4 does not imply that this form of development is inappropriate in planning terms, but simply that planning permission must be obtained for it.
Like lots of councils, West Northamptonshire council is pretty hostile to HMOs. As the site was in the Northampton area, the relevant policies were the Joint Core Strategy and the Northampton Local Plan Part 2, adopted in March 2023.
The council also has a supplementary planning document (SPD) relating specifically to HMOs and listing criteria that the councils will use to assess new proposals.
In this case, the council was happy that the proposal was acceptable in principle, that it would not harm the character of the area, that it would provide good quality accommodation and that it would not lead to an over-concentration of HMOs in the area.
The sole remaining issue is whether the development would contribute to parking stress and thereby have an unacceptably harmful impact on highway conditions.
The council usually seeks one off-street parking space per HMO bedroom, but this standard is almost impossible to meet! Terraced houses typically do not have any off-street parking at all, and certainly cannot provide 6 spaces for a 6-bedroom house.
The SPD accepts lower parking provision if the site is within 400m of a bus route and shopping facilities. In this case, the site is within 400m of a bus stop but a little further away from shops.
We were delighted when the appeal inspector agreed with us that the HMO should be considered to be in a sustainable location and that lower parking provision was acceptable.
This is one of a number of HMO appeal successes in Northampton that we have been celebrating recently.
If you have been refused planning permission for a HMO, please do not hesitate to contact our team for some help and advice.
You can read a full guide to the planning rules for HMOs, including Article 4 directions and planning appeals, here: Planning Permission for HMOs.
Also check out Planning for HMOs, a book written by our CEO, Martin Gaine, that tells you everything you need to know about planning permission and HMOs.
