Welcome back to our blog series on Houses in Multiple Occupation (HMOs) in Bristol. In our previous posts, we’ve covered the basics of HMOs and the regulatory landscape. Today, we’re diving deeper into a specific aspect of HMO regulation that has significant implications for landlords and investors: Article 4 Directions.
What is an Article 4 Direction?
An Article 4 Direction is a tool used by local planning authorities to remove certain permitted development rights. These rights normally allow property owners to make specific changes without needing to apply for planning permission. When an Article 4 Direction is in place, it means that planning permission is required for these changes, even if they would otherwise be automatically permitted.
Article 4 Directions are particularly relevant for HMOs because they help local authorities manage the concentration and distribution of HMOs within certain areas. By requiring planning permission, councils can better control the number of HMOs, aiming to maintain balanced communities and address issues such as over-concentration, noise, waste management, and neighbourhood character changes – this is what we have seen with the introductions of Article 4 across Bristol.
Article 4 Directions in Bristol
Key Areas Covered
In Bristol, several areas are designated under Article 4 Directions due to their high concentration of HMOs. These areas include:
- Clifton
- Redland
- Cotham
- Bishopston
- Ashley Down
These neighborhoods have been identified because the influx of HMOs has impacted local communities, leading the council to implement measures to control further development.
Bristol City Council update their site HERE with what Article 4 directions are in place in each area of the city. For example, there are A4’s in place regarding gates, boundaries, and alterations to properties in conservation areas in Henleaze, Cotham and Clifton Village. So it’s not just on change of uses that you need to be aware of.
The below map (from BCC) shows the current A4 areas in pink across Bristol.
Implications for Landlords
For landlords, this means that even if they wish to convert a property to an HMO for three to six unrelated individuals — a change that would typically fall under permitted development rights —you must apply for planning permission in these areas. This additional step ensures that the council can assess the impact on the local area before approving any new HMOs.
The Planning Permission Process
1. Pre-Application Advice Before submitting a planning application, it’s advisable to seek pre-application advice from Bristol City Council. This service provides preliminary feedback on your proposal, highlighting potential issues and the likelihood of obtaining planning permission.
2. Application Submission Submit a detailed planning application to the Development Management Team at Bristol City Council. The application should include:
- Detailed plans of the property
- Proposed changes and layouts
- A Design and Access Statement explaining how the property will meet HMO standards
3. Public Consultation Once the application is submitted, it undergoes a public consultation process. During this period, neighbors and other stakeholders can provide feedback on the proposed changes. This feedback is considered by the council when making their decision.
4. Decision The council will make a decision based on planning policies, public feedback, and the specific details of the application. This process can take several weeks. If the application is approved, you can proceed with the conversion. If it is refused, you have the option to appeal the decision.
Areas Outside Article 4 Directions
In areas of Bristol not covered by Article 4 Directions, setting up an HMO can be more straightforward since you won’t need to obtain planning permission for certain changes. For properties accommodating between three and six unrelated individuals, landlords can convert a single dwelling into an HMO under permitted development rights. This means that, as long as the property meets all necessary building and safety regulations, you can proceed with setting up your HMO without the additional step of applying for planning permission. This can significantly reduce the time and costs associated with establishing an HMO. However, it’s important to ensure that your property complies with all other relevant standards and licensing requirements to avoid any legal issues. You’ll still need to apply for a HMO License, but the planning permission step is removed. Always consult with local council guidelines to confirm that your property is indeed outside Article 4 areas and to understand the specific requirements that may still apply.
Understanding the Impact of Article 4 Directions
Balancing Communities One of the primary goals of Article 4 Directions is to maintain balanced communities. High concentrations of HMOs can lead to a transient population, which may impact community cohesion and local services. By controlling the number of HMOs, councils aim to preserve a mix of housing types and maintain stable, long-term communities.
Addressing Local Concerns Article 4 Directions also allow councils to address specific local concerns. For example, areas with many HMOs may experience issues such as increased noise, parking problems, and greater demand on waste collection services. Requiring planning permission for new HMOs ensures that these factors are considered before additional HMOs are approved.
Supporting Sustainable Development By managing the number and location of HMOs, Article 4 Directions support sustainable development. This approach ensures that housing growth is balanced with the need to maintain quality of life for all residents, providing adequate infrastructure and services to support increased population density.
Applying for Planning Permission in Article 4 Areas
Key Considerations When applying for planning permission to convert a property into an HMO in an Article 4 area, there are several key considerations:
- Impact on the Community: The council will assess how the proposed HMO will impact the local community, considering factors such as noise, traffic, and parking.
- Housing Mix: The application will be evaluated based on the current mix of housing types in the area. Councils aim to maintain a balanced mix to support diverse communities.
- Design and Layout: The proposed changes must meet HMO standards for space, safety, and amenities. Detailed plans and a Design and Access Statement are essential components of the application.
Supporting Your Application To strengthen your application, consider the following steps:
- Engage with the Community: Proactively engage with neighbors and local stakeholders to address any concerns before submitting your application.
- Provide Comprehensive Documentation: Include detailed plans, specifications, and supporting documents to demonstrate how your proposal meets HMO standards.
- Seek Professional Advice: Consider hiring a planning consultant or legal advisor to help navigate the planning process and ensure your application meets all requirements.
Navigating the Appeal Process
If your planning application is refused, you have the right to appeal the decision. The appeal process involves a review of the application by an independent inspector who will consider the merits of your proposal. Here are the steps to navigate the appeal process:
- Review the Decision Notice
- Carefully review the council’s decision notice to understand the reasons for refusal. This will help you address any issues in your appeal.
- Submit an Appeal
- Submit an appeal to the Planning Inspectorate within the specified timeframe. Include detailed grounds for the appeal, addressing the reasons for refusal and providing additional evidence or documentation if necessary.
- Attend a Hearing or Inquiry
- Depending on the complexity of the case, the appeal may be decided through written representations, a hearing, or a public inquiry. Be prepared to present your case and respond to any questions from the inspector.
- Await the Decision
- The inspector will review the appeal and make a decision based on planning policies, evidence, and site-specific considerations. If the appeal is successful, you can proceed with the HMO conversion.
Our Summary
Understanding Article 4 Directions is crucial for anyone looking to convert a property into an HMO in Bristol. These regulations play a vital role in managing the concentration and distribution of HMOs, ensuring balanced and sustainable communities. By requiring planning permission, Article 4 Directions give local councils the ability to assess the impact of new HMOs and address specific local concerns. These don’t mean it’s a no, but you do have to put in more work and as a result, the returns should be greater.
For landlords and investors, navigating the planning permission process in Article 4 areas can be challenging but is essential for legal and successful HMO builds and management. Engaging with the community, providing comprehensive documentation, and seeking professional advice can strengthen your application and improve your chances of approval.
If you’re after advice on your next HMO project, contact us and find out how we can help with the planning and management of your next property.
