Agenda item
HMO ARTICLE 4 DIRECTION
That:
The Policy & Resources Committee note the contents of this report and agree the following:
Recommendation 1
Agree one of the following 3 options, to confirm how the council should proceed with a HMO Article 4 Direction:
a) Do not progress with making a HMO Article 4 Direction, with officers keeping the situation under review; or
b) Progress with making an immediate HMO Article 4 Direction and grant delegated authority to the Head of Planning Policy & Conservation and the Director of Finance to finalise the Direction Notice and other procedural matters (noting the financial risks set out in paragraph 7.2 and the financial implications report [part ii document]); or
c) Progress with making a non-immediate HMO Article 4 Direction and grant delegated authority to the Head of Planning Policy & Conservation and the Director of Finance to finalise the Direction Notice and other procedural matters.
Then if choosing option b or c:
Recommendation 2
To agree the geographical area to which the Direction would apply (i.e district-wide or a specific area(s) within the district).
Minutes:
The Committee conserved the report regarding the introduction of an Article 4 Direction to remove permitted development rights for the change of use from dwelling houses to Houses in Multiple Occupation.
The Committee received a statement from a member of the public, Chris Jones, in support of an immediate Article 4 Direction, who highlighted concerns regarding the impact of HMOs on neighbouring residents, including antisocial behaviour, parking pressures and the cumulative impact on local communities.
The Head of Planning Policy and Conservation advised that the matter had previously been considered by Members in January 2026 when officers concluded there was insufficient evidence to justify an Article 4 Direction. Since that time there had been a significant increase in known and anticipated HMO activity across the district. With the Council now considering four pending HMO licence applications and being aware of a further six properties likely to submit applications in the near future. Officers therefore considered that there was now sufficient evidence to support the introduction of an Article 4 Directions. Members were advised that a non-immediate Direction would take effect twelve months after being made, during which time consultation would be undertaken before the Direction was confirmed and submitted to the Secretary of State.
Councillor Giles-Medhurst moved, seconded by Councillor Price, that the Committee progress with making a non-immediate district-wide Article 4 Direction and grant delegated authority to the Head of Planning Policy and Conservation and the Director of Finance to finalise the Direction Notice and associated procedural matters.
During the debate, Members acknowledged the concerns expressed by residents regarding the impact of HMOs and recognized that the Council had received an increasing number of complaints relating to HMO developments. Members sought clarification on the reasons why officers now considered an Article 4 Direction to be justified, having previously recommended against one, and officers explained that the increase in known HMO activity since January had significantly strengthened the evidence base.
Members also questioned whether a direction could be applied to a smaller geographical area rather than district-wide and whether this would be more appropriate. Officers advised that an Article 4 Direction could apply to an individual street, provided there was robust evidence to support it, but that the evidence available demonstrated HMO growth across a number of locations within the district and therefore supported a district wide approach. Members also sought clarification on the likelihood of intervention by the Secretary of State and were advised that, whilst any Direction would be subject to review, intervention in relation to HMO Article 4 Directions was uncommon provided there was sufficient supporting evidence.
Councillor Cooper moved an amendment, seconded by Councillor Alley, that the Committee instead progress with an immediate district wide Article 4 direction. A recorded vote having been requested by Councillor Cooper and Councillor Reed had been LOST, the voting being:
For: Councillors Alley, Cooper, Edwards, Fraser and Trivedi (5)
Against: Councillors, Bentley, Cox, Drury, Giles-Medhurst, Khiroya, Lloyd, Price, Rainbow and Sian (9)
Abstentions: Councillor Sims (1).
The substantive motion was then put to the vote and declared CARRIED by the Chair with the voting being by general assent.
For: Councillors, Alley, Bentley, Cooper, Cox, Drury, Edwards,
Fraser, Giles-Medhurst, Khiroya, Lloyd,
Price, Rainbow, Sian, Sims and Trivedi (15)
RESOLVED:
That the Committee recommend that the Council progress with making a non-immediate HMO Article 4 Direction.
That delegated authority be granted to the Head of Planning Policy and Conservation and the Director of Finance to finalise the Direction Notice and associated procedural matters.
That the Direction apply across the whole district.
Supporting documents:
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Committee Report FINAL, item PR424
PDF 514 KB -
Appendix 1- Article 4 Evidence Document, item PR424
PDF 353 KB -
EQIA, item PR424
PDF 339 KB