Agenda item

A report of the Statutory Deputy Leader and Cabinet Member for Neighbourhoods that sets out the outcome of the public consultation, summarises the available evidence and, which, as a result, seeks confirmation of the Article 4 Direction, to come into effect on 1^st January 2026.

The Cabinet considered a report of the Executive Director of Place/Deputy Chief Executive which advised members that at an earlier meeting on 22^nd September 2025, Cabinet had agreed to introduce a non-immediate, borough-wide Article 4 Direction to remove the permitted development right allowing the conversion of dwelling houses (Use Class C3) into Houses of Multiple Occupation for up to six residents (Use Class C4). A period of public consultation on the introduction of the Article 4 Direction was to follow for a period of 6 weeks – the consultation ran from 6^th October to 16^th November 2025. The Cabinet had also agreed that a further report be brought back to a future meeting at the earliest opportunity to allow Members to consider the outcome of the consultation and thereafter to determine if the Article 4 Direction should be confirmed and come into effect on 1^st January 2026 or such other later date as considered appropriate.

The submitted report therefore sets out the outcome of the public consultation, summarising the available evidence and, as a result, sought confirmation of the Article 4 Direction, to come into effect on 1^st January 2026.

In considering the report, Cabinet Members were remined that a report detailing the consultation outcome and outlining the next steps involved to seek confirmation of the Article 4 Direction (this report), was presented to and approved by the Council on 10^th December 2025.

Options/Alternatives considered:

Option 1 (preferred Option) - to confirm the Article 4 Direction

The available evidence has shown that there is a need for smaller units of accommodation in the borough, which HMOs can provide. However, there is also a need for larger family homes. The majority of the borough’s existing HMOs are smaller HMOs (C4 use) (only 19% are larger HMOs for 6 people and above). Also, almost half of the borough’s identified HMOs have been converted from C3 Dwellings (single household). This means that family homes have been lost to HMOs. Also, there may be issues of overcrowding and amenity when smaller properties are converted to HMOs, which currently we cannot control with the existing permitted development right.

Option 2 - Do not confirm the Article 4 Direction/No Article 4 Direction

Should the Article 4 Direction not be confirmed, the permitted development right for the change of use from C3 Dwelling house to C4 Small HMO would remain in place. This means that small HMOs would continue to come forward as they do at present as permitted development. The council would therefore have limited control as to how and where these come forward, with the exception of those that are for more than 5 people, which would need to have an HMO Licence.

Resolved:

1.    That the Cabinet notes the evidence presented in the submitted report, including the outcome of the public consultation; and

2.    That the Cabinet confirms the Article 4 Direction to remove permitted development rights for the change of use from Use Class C3 (dwelling houses) to Use Class C4 (small houses in multiple occupation) on a borough-wide basis to come into effect on the 1 January 2026, in line with the details set out in the report and the Article 4 notice presented at Appendix 3, to the submitted report.