11/00713/F - Borough Council of King's Lynn & West Norfolk

Particular concern had been raised about the impact of HMOs occupied by students. These
concerns focus around the creation of summer 'ghost towns', increased noise, litter,
pressure on car parking and anti-social behaviour.
The changes in legislation were intended to allow local authorities greater control over the
unwanted effects of HMOs where there are problems by increasing the number of new
HMOs which require planning permission allowing local authorities the opportunity to
consider the impacts of such proposals.
However, whilst the negative impact of houses in multiple occupation (HMOs) can cause
concern, they can also make an important contribution to the private rented sector by
providing housing to meet the needs of specific groups/households and by making a
contribution to the overall provision of affordable housing stock.
In response to these issues the previous government brought in The Town and Country
Planning (Use Classes) (Amendment) (England) Order 2010 SI 2010 No. 653 which created
a new, separate use class for HMOs. Class C4 was created which defined ‘houses in
multiple occupation’ as the use of a dwellinghouse by not more than six residents as a
‘house in multiple occupation’. The meaning of a HMO is defined in Section 254 of the
Housing Act 2004. This came into force on 6 April 2010.
However, the new Government felt that some of these measures were too stringent, and
subsequently introduced the Town and Country Planning (General Permitted Development)
(Amendment) (No.2) (England) Order 2010 SI No. 2134, which came into force on 1st
October 2010. This permits the change of use from a use falling within Class C3
(dwellinghouses) to a use falling within Class C4 (houses in multiple occupation) or from
Class C4 to Class C3.
Class C3 allows for not more than six residents living together as a single household (with or
without provided care). Class C4 allows for the use of a dwellinghouse by not more than six
residents as a house in multiple occupation. The key difference being that occupants of the
building are unrelated but share basic amenities in living accommodation. A fuller definition
is set out in Section 254 of the Housing Act 2004. This revised development order
effectively allows as permitted development certain sizes of HMO’s. As this proposal is for
one more than the threshold of 6, permission is required.
The key issues identified in the consideration of this application are as follows:
� Principle of development
� Highway implications
� Residential Amenity, noise and anti-social behaviour
� Impact on Conservation Area
� Other material considerations
Principle of development
The existing property is a large, Edwardian, corner property which currently has five
bedrooms, a living room, a dining room, a study, two kitchens and two bathrooms. There
are also facilities for three vehicles to be parked within the site.
Currently, under permitted development rights the property can convert from a C3
dwellinghouse to a HMO for up to six people without the need to apply for planning
permission.
11/00732/CU Development Control Board
25 July 2011
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