Milton Keynes Council, Oxford City Council, Newcastle City Council have launched legal proceedings against the recent changes to HMO planning regulations

The Housing Minister, Grant Shapps had unveiled the new regulations only last month to allow the creation of HMOs without the need for a planning application.

When announcing the changes to those belatedly implemented by the previous LAbour government in April of this year, Shapps had said that he would now allow councils much greater flexibility when using Article 4 directions and to allow planning applications at their discretion.

However Milton Keynes Council, Newcastle City Council and Oxford City Council have launched Judicial Review proceedings against the changes which only came in effect on Friday 1 st October.

The legal action is also being supported by Bristol City Council, Charnwood Borough Council, Leeds City Council, Nottingham City Council and Torbay Borough Council.

The councils believe that the consultation process for the changes was inadequate and are asking for strengthening of powers for using article 4 directions which are usually applied in areas where development poses a threat to the character of the area – for example in conservation areas.

The authorities also want to see the Article 4 powers to be extended and for the removal of the right to claim compensation from ‘would be’ HMO landlords for any potential loss of earnings.