Planning Circulars (HMOs)

Greg Clark Excerpts

Thursday 4th November 2010 Written Statements

[The Minister of State, Department for Communities and Local Government (Greg Clark)]

I am today publishing a replacement to Department for Communities and Local Government Circular 5/10 (on planning controls for houses in multiple occupation), and a replacement appendix D of Department of the Environment Circular 9/95 (on the article 4 direction process, that allows local planning authorities to withdraw permitted development rights in certain circumstances). Copies have been placed in the Library of the House.

A replacement to Department for Communities and Local Government “Circular 5/10: Changes to Planning Regulations for Dwelling Houses and Houses in Multiple Occupation” will cover changes to planning legislation introduced in October this year, which make changes of use from family houses to small HMOs permitted development (i.e. there is no need to obtain planning consent for this from the local planning authority).

Appendix D of Department of the Environment “Circular 9/95: General Development Consolidation 1995” relates to article 4 directions, which allow local planning authorities to withdraw permitted development rights. The updated appendix D being published today reflects amendments to the article 4 direction procedures introduced in April 2010. The main effect of these changes is to grant local planning authorities the ability to confirm article 4 directions themselves rather than to have to apply to the Secretary of State (as was formerly required for certain directions), require that all article 4 directions are subject to local consultation, and to require that all article 4 directions are publicised by site notice in addition to local advertisement.

The replacement appendix D also reflects amendments to the compensation provisions related to article 4 directions introduced in October 2010, which limit the period during which local authorities may be liable for such claims.

Taken together, the replacement to Circular 5/10 and the updated appendix to Circular 9/95 will ensure that up-to-date and accessible information exists in relation to planning controls over HMOs and the making of article 4 directions. No further impact assessment has been produced for these publications as changes to planning legislation of houses in multiple occupation and article 4 directions have previously been assessed.