Decision due on Eastbourne shared housing controls

Next Tuesday (June 3), Eastbourne Borough Council’s planning committee is due to decide whether to confirm the introduction of an Article 4 Direction — a mechanism which would remove permitted development rights connected to small houses in multiple occupation (HMO).

Currently, permitted development rights allow single-occupation dwellings to be converted into small HMOs (and vice versa) without developers needing to apply to the council for planning permission. In this context, a small HMO is a property occupied by between three and six people living as separate households.

If confirmed by the planning committee, the Article 4 Direction will remove these permitted development rights from July 30, requiring such developments to secure planning permission from the council after this date.

In a report to the committee, officers say the measure is intended to help the council control the potential impact of HMOs on parts of the town.

The report reads: “HMOs form an important part of the housing mix within an area as they increase the range and mix of accommodation, especially for people whose housing options are limited, such as young professionals, students and people on low incomes who are unable to afford or access their own self-contained accommodation.

“Demand for this type of smaller and cheaper accommodation is likely to be impacted by current circumstances in relation to rises in the cost of living and pressure on wages and benefits.

“However, HMOs have the potential to negatively impact communities in terms of the standard of living environment for local residents and businesses, particularly where there is a high concentration of HMOs in a specific area.”

The Article 4 Direction will not result in small HMO conversions being automatically refused, but will result in local planning policies being applied to such developments. In essence, this means the council will be able to impose conditions which limit the impact of specific small HMOs and offer the authority some control over where such properties are located

The direction will only remove permitted development rights in part of the town. It would cover a large proportion of the Devonshire, Meads and Upperton wards, plus a small area in the south of St Anthony’s ward where it borders Devonshire.

If agreed, the Article 4 Direction would not apply retrospectively, so any development undertaken before it comes into force will not be affected. However, the council has advised owners of small HMOs to consider applying for a Certificate of Lawful Development to confirm the use of their property is lawful and does not require planning permission.

The council began the process of introducing the Article 4 Direction in July last year, undertaking public consultation on the proposal between August 2 and September 28.

Alongside this, the council also consulted on the introduction of new planning policies related to HMOs. The council is still in the process of developing these new policies, but draft documents provide some indication of the type of measures being considered.

These draft policies include: size limits on the types of buildings considered suitable for conversion; the effect of developments on the concentration of HMOs in a particular area; and consideration of the impact of such properties on neighbours.

Eastbourne Borough Council already operates a mandatory licensing scheme for HMOs with five or more unrelated occupiers living as separate households and sharing amenities. Operating without a licence is a criminal offence.