Planning and Houses in Multiple Occupation

Background

Historically, in planning terms, houses and flats were classified as class 'C3 dwellinghouses', irrespective of whether they were used by families or shared by unrelated persons.

On 6 April 2010 privately-rented shared houses, with up to six unrelated tenants, were reclassified under a new planning use class 'C4 Houses in Multiple Occupation' (HMO's).

Currently changes of use between these two use classes (C3 dwellinghouses and C4 HMO's) are not subject to planning controls. However, the Government has given individual Councils the power, through the use of an Article 4 Direction, to introduce controls locally where there is a need to manage the balance of dwellings and high concentrations of shared houses.

Please note that HMO's of seven unrelated tenants or more already require planning permission.

Problem in Oxford

Oxford suffers from an acute shortage of housing, with a high level of demand for both owner-occupied and rented accommodation. However, demand for different tenures of housing varies across the city, with some areas prone to higher demands for shared rental housing.

This creates a situation where family dwellings are frequently converted into shared rented properties, leading to a shortfall in family accommodation and an unbalanced housing mix. High concentrations of shared houses can have an adverse impact on local areas and communities.

Local Planning Controls

On 24 of February 2011 Oxford City Council served an Article 4 Direction allowing it to introduce local planning controls in terms of HMOs. This change is subject to one year's notice, so as of 24 February 2012 planning permission will be required to change the use of a C3 dwellinghouse to a shared rented house (C4 HMO). This measure will apply to the entire Oxford City Council area.

Up until 23 February 2012, conversions between C3 Dwellinghouses and C4 HMOs will not require planning permission. Planning permission will not be required for a change of use of a C4 HMO to a C3 dwellinghouse. However, once an HMO shared rented property is converted into a C3 dwellinghouse, it would not be possible to revert back to a C4 HMO without applying for planning permission first. Any such planning application proposal will be assessed against the requirements of the relevant planning policies.

 Article 4 Direction (1.7MB PDF)
Article 4 Notice (15kB PDF)
Map (1.7MB PDF)

Consultation

The consultation on the forthcoming planning controls started at 9am on 24 February 2011 and closed on 18 March 2011.