Consultation launched on stricter rules for shared properties

Derby City Council has launched a public consultation on proposals to tighten the planning rules around converting shared properties.

Earlier this year, the city council’s cabinet approved a proposal to apply to the Government for more powers to regulate HMOs (Houses in Multiple Occupation).

It followed an investigation in city wards where there were a lot of shared properties.

The study found that some residents were concerned that too many HMOs in one area creates problems, such as a lack of parking, anti-social behaviour, fly-tipping, as well as the deterioration of buildings.

Marketing Derby is backing calls for tighter planning controls – and has already submitted a letter to the city council as part of the nine-week consultation.

Councillor Shiraz Khan, the city council’s cabinet member for housing, property and regulatory services, said: “Shared housing can be a valuable option for many, but only if it’s well-maintained.

“A concentration of these properties in one area can create problems like noise, parking strain, and pressure on local services.

“I strongly encourage the residents and tenants to engage with us and have their say on shared properties and how they impact our communities.”

Currently anyone who wants to convert a house into accommodation for six or more people needs planning permission, but this isn’t the case where the house will have fewer residents.

Conversion to a small HMO is considered permitted development under national government planning legislation.

To change this, the city council needs to apply to the Government for an Article 4 Direction under the Town and Country Planning Act 1990.

This can only be granted if the Secretary of State is satisfied that there is robust evidence that smaller HMOs are causing harm, in planning terms, to the local area.

If granted, the Article 4 direction would give the city council greater powers to control the number of HMOs within a defined area of the city and impose conditions to limit noise or provide adequate parking space or bin storage.

The proposals would apply to a large part of central Derby, including the whole of Arboretum ward and parts of Abbey, Alvaston North, Darley, Mackworth and New Zealand, Normanton, Sinfin and Osmaston within the Ring Road.

In the letter submitted by Marketing Derby, managing director John Forkin writes: “Marketing Derby encourages the adoption of Article 4 planning conditions as a method in which to manage and thus block (if the council sees fit) poor quality HMO conversions.

“While we support the adoption of Article 4, we believe that these permissions should be implemented across all of the city’s wards – and not only specific locations, such as Derby city centre and the Arboretum ward.

“We also believe that if passed, these planning rules should be used to ensure previously converted HMOs also conform to quality standards.”

The consultation runs until Friday 31 May.

To have your say on Houses of Multiple Occupation, visit the Let’s Talk Derby website at https://letstalk.derby.gov.uk/hmo-proposed-article-4-direction .