Withdrawal of Permitted Development Rights for the change of use of dwelling houses to houses in multiple occupation (HMO) by Article 4 Direction

On 8th December 2011, we made a Direction under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995, as amended.  The Direction relates to development comprising a change of use from a use falling within Class C3 (dwelling houses) of the Town and Country Planning (Use Classes) Order 1987 (as amended) to a use falling within Class C4 (houses in multiple occupation) of that Order, and removes 'permitted development rights' for this type of development from the date when the Direction came into force.

We consulted on the Article 4 Direction from 20th December 2011 to 14th February 2012 and considered representations received during this period.  We confirmed the Direction on 31st May 2013 and it came into force on that day.  Planning permission is therefore now required for change of use from Class C3 to Class C4.

The Article 4 Direction applies to the whole of the Tendring District.  A copy of the Direction, including a plan identifying the area covered, is available using the links on the right-hand side. A copy of the Planning Committee report is also available. The Direction can also be viewed at the Council Offices, Town Hall, Station Road, Clacton On Sea, Essex, CO15 1SE.

What are Houses in Multiple Occupation (HMO)?

Houses in Multiple Occupation ('HMOs') are small, shared dwelling houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom. Such residences fall under Use Class C4 in the Use Classes Order.

Why does Tendring need an Article 4 Direction?

There is a concern that increases in small HMOs in the Tendring District, particularly in town centre locations like the centre of Clacton, could lead to social and health problems if not properly controlled. They could also detract from the tourism function of an area.

The potential benefits of introducing an Article 4 Direction to control HMOs include:

• The opportunity to coherently support and manage the delivery of mixed and balanced communities in neighbourhoods throughout the town or district;
• The ability to drive up standards of HMO accommodation in terms of appearance and function and to manage the effects of additional HMOs by the use of planning conditions;
• The ability to minimise the negative effects that could arise from high concentrations of HMOs;
• The opportunity to consider proposals for HMOs on their merits having full regard to local issues; and
• The ability to improve conditions in neighbourhoods for existing residents and enhancing the attractiveness of the area to visitors, investors and potential new residents.

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Useful documents

https://www.tendringdc.gov.uk/sites/default/files/documents/planning/planning%20policy/DistrictHIMOArticle431May2013%20%282%29.pdf

https://www.tendringdc.gov.uk/sites/default/files/documents/planning/planning%20policy/Planning%20Committee%20Report%20HMOs%20Article%204.pdf