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Search the Public Notice PortalA landlord has secured retrospective approval of their four-bed house in multiple occupation (HMO), despite it being in an area covered by an Article Four Direction.
This regulation was implemented in 2024 to restrict the growth of small HMOs across nine of Burnley Council’s 15 wards, requiring a planning application before a property can be converted into this form of high-density rental accommodation.
At a meeting of the council’s executive last week, August 12, it was agreed that this HMO regulation should be expanded to the remaining six wards, following an upcoming public consultation.
But that same day, a rental property in Peart Street in the Queensgate ward, which is under the current Article Four, was granted a Certificate of Lawful Development to function as a small HMO in retrospect.
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For the planning officer, it was a straightforward decision. But it also evidences how these HMO-restricting directions work.
The landlord’s property had already been operating as an HMO for some time when the 2024 Article Four Direction came into effect.
The officer’s report says: “It is stated that the property was purchased in February 2020 and subsequently underwent internal refurbishment works which were entirely internal in nature and did not involve any external alterations, extensions, or structural changes to the building.”
The officer said evidence submitted with the application demonstrated that the property had been in continuous use as a four-bedroom HMO since 2020, well before the introduction of Article Four controls in October 2024.
The property contains four en-suite bedrooms together with a shared kitchen and utility room.
Planning officers concluded that the arrangement falls within Class C4 use, which covers HMOs occupied by up to six residents sharing basic amenities.`
From this, the report concludes: “On the evidence available, the existing use of the application property as a C4 HMO is considered to be lawful for planning purposes. Therefore, a Lawful Development Certificate can be granted.”
With Burnley Council now moving towards the full regulation of new HMOs in its area using another Article Four Direction, this confirms to current landlords in the remaining six wards that their existing HMOs will not fall afoul of future regulations.
The report notes that Article 4 directions do not make existing lawful uses unlawful. Instead, they require planning permission for future changes of use which would otherwise have been permitted automatically.
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