Recent reports have stated that some councils are looking to control the number of Houses in Multiple Occupation (HMO) by applying to cancel current permitted rights and make it necessary for planning permission to be sought for any change of use.

Judy Mizen of Platinum Property Partners (PPP), who specialise in investing in high-quality HMO properties for working-adults said: “The current challenge by a minority of Borough Councils through the High Court seeking to overturn the coalition Government’s latest changes to HMO planning legislation is counter intuitive to the current push by government toward decentralisation.

New policy across the board is geared toward ‘localism’, allowing local authorities the flexibility to do what is best for their communities and Mizen said: “Just as on the High St ‘one size fits all’ is a fallacy, so too for local planning legislation. The recent loss of all regional policy makes the need for community sensitive local policy all the more critical.”

During the period between April 1st and Oct 1st 2010 when planning permission was compulsory for all HMOs of three or more people, planning consultants at PPP found that many councils were bewildered by the additional workload landing on their desks. In locations where HMOs did not form a significant proportion of the private rental market, there was generally no relevant policy in place by which to judge these applications. In one case, the company were requested to work on a consultancy basis to assist the planning department to formulate policy, due to our greater experience of the subject.

“The current law, being so hotly debated, does allow for Councils to use an article 4 direction to remove the permitted development right to move from C3 to C4, thereby providing a structure that can address specific local issues,” said Mizen.