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Resolved: At the end of the petition period
Article 4 Direction concerning Small Homes in Multiple Occupation (HiMOs)
Definition of a Small Home in Multiple Occupation
A Small HiMO is defined as a single property in which between three and six unrelated adults live as a single household.
A Large HiMO is where seven or more unrelated adults live in a single property.
Small HiMOs do not need planning permission. This means that landlords can convert from a house to a small HiMO without any need for a planning application. This is known as 'permitted development'.
Large HiMOs always need planning permission.
What an Article 4 Direction is
An Article 4 Direction removes the 'permitted development' from a house to a small HiMO within defined area(s). The result of this is that landlords will need planning permission to make that change to their property.
Licensing and other regulatory factors (such as Building Regulations) are unaffected by an Article 4 Direction.
The small HiMO policy for Peterborough
An Article 4 Direction, covering three areas of the city, has been submitted to the Secretary of State, to operate for two years from 1 January 2024.
The three areas are:
1. Hampton area
All addresses in each of Abberton Mews; Adlington Close; Alba Road; Albert Crescent; Alder Road; Appleton Close; Applewood Drive; Aqua Drive; Archers Wood; Arrow Court; Ashville Road; Ashwell Close; Banbury Drive; Bank Avenue; Barnsdale Drive; Bayleaf Avenue; Beaumont Way; Beebys Way; Belmont Place; Berrington View; Bewick Place; Birchin Close; Black Swan Crescent; Blackwell Road; Blithfield; Boundary Lane; Braymere Road; Brecken Court; Brickberry Close; Brickburn Close; Brickstead Road; Brickton Road; Bridle Lane; Broadstone Drive; Brodie Place; Buckthorn Road; Bushy Court; Calcot Street; Capthorne Close; Carolside Grove; Chaffinch Lane; Chapelhouse Drive; Charlton Crescent; Chalice Close; Clayburn Road; Clovelly Drive; Commons Drive; Coppen Road; Coriander Drive; Cornflower Avenue; County Road; Croft Way; Daisy Drive; Dean Crescent; Delves Way; Dragonfly Close; Drummond Close; Dukes Way; Eagle Way; East Water Crescent; Edmund Drive; Elderflower Way; Emmetts Grove; Evergreen Drive; Fairhaven; Falcon Way; Farrow Avenue; Fenton Close; Fields End Close; Florence Road; Four Chimneys Crescent; Freshwater Road; Gavel Street; Greenfield Way; Greenwood Road; Guelder Road; Hampton Avenue; Hargate Way; Harmony Grove; Harn Road; Hartland Avenue; Hedda Drive; Hempsted Road; High Court Way; Highclere Road; Higney Road; Hollowside Road; Holly Walk; Hornbeam Road; Horseshoe Way; Ilex Close; Jury Road; Justice Way; Kempley Close; Kennedy Street; Kentwell Road; Kiln Street; Knighton Close; Lady Charlotte Road; Lakeview Way; Lake Field Road; Leaf Avenue; Lockwood Way; Lornas Field; Magistrates Road; Malus Close; Marius Crescent; Marketstede; Mid Water Crescent; Middlefield; Molyneux Square; Morborn Road; Morton Close; New Lakeside; Oak Avenue; Old Bailey Road; Oliver Road; Ormesby Place; Osier Avenue; Park Home Avenue; Pasture Drive; Pennys Close; Peregrine Street; Peterfield Road; Pintail Gardens; Puffin Lane; Redshank Way; Reed Close; Reedland Way; Ribes Close; Rosewood Way; Rothbart Way; Ruster Way; Rustic Avenue; Saffron Drive; Salix Road; Sandhurst Road; Sharnbrook Avenue; Shipley Mews; Shore View; Shrub Road; Silver Hill; Skylarks Close; Sorbus Close; Sparrow Road; Sprigs Road; Spring Avenue; St Edmunds Walk; St Katherines Mews; Stanton Square; Stewartby Avenue; Tabor Court; Tarold Drive; Tatton Grove; Teal Drive; Teasel Way; Tern Road; Thompsons Ground; Thorn Road; Tilgate Road; Tinns Avenue; Torridon Drive; Tudor Avenue; Turnpike Road; Vale Drive; Vale Road; Valehouse Close; Vars Road; Wakehurst Road; Walsham Road; Warren Court; Waterhouse Way; Watersend Road; Wayside Crescent; West Lake Avenue; West Water Crescent; Westbury Drive; Westcroft; Wheatfen Close; Whitebeam Close; Wick Road; Willow Holt; Wilton Avenue; Winsor Crescent; and Winterburn Grove.
You can view this information on the following map.
2. Fletton and Woodston area
All addresses Albany Walk; all addresses Albion Close; all addresses Bakers Lane; all addresses Belsize Avenue; all addresses Brancepeth Place; all addresses Buttercream Drive; all addresses Celta Road; all addresses Coltsfoot Drive; all addresses Cumberleaf Close; all addresses Gordon Avenue; all addresses Honeysuckle Court; all addresses Huntly Road; all addresses Leyland Grove; 138-206 (evens) London Road; all addresses Mollis Close; 2-158 (evens) New Road; all addresses Orton Avenue; 204-336 (evens) Oundle Road; all addresses Peake Close; all addresses Prospero Close; all addresses Sungold Court; all addresses The Crescent; all addresses The Dell; all addresses Westbrook Park Avenue; all addresses Westbrook Park Close; and all addresses Westbrook Park Road.
You can view this information on the following map.
3. Park area
1-199 (odds) 2-114 (evens) Alexandra Road; all addresses All Saints Road; all addresses Alma Road; all addresses Bedford Street; 143-221 (odds) 118-226 (evens) Broadway; all addresses Broadway Gardens; all addresses Brownlow Road; all addresses Burrows Court; all addresses Cecil Road; all addresses Century Square; all addresses Chantry Close; all addresses Clare Road; all addresses College Park; all addresses Dogsthorpe Grove; 47-359 (odds) 32a-194a (evens Dogsthorpe Road; 52-240 (evens) Eastfield Road; all addresses Exeter Road; 1-125 (odds) 2-94 (evens) Granville Street; all addresses Green Lane; all addresses Highbury Street; all addresses Huntly Grove; all addresses Lammas Road; all addresses Lawn Avenue; 193-441 (odds) Lincoln Road; all addresses Lynton Road; 1-83 (odds) Monument Street; all addresses Northfield Road; all addresses Norton Road; all addresses Oaklands; all addresses Old Court Mews; all addresses Oxford Road; 27-37 (odds) Park Crescent; all addresses Peveril Road; all addresses Princes Gardens; all addresses Princes Gate; all addresses Princes Street; all addresses Queens Drive West; all addresses St Martins Street; all addresses St Marys Close; 65-261 (odds) St Pauls Road; all addresses Stone Lane; all addresses Vere Road; all addresses Vergette Street; all addresses Victoria Street; all addresses Warbon Avenue; all addresses Waterloo Road; and 19-33 (odds) York Road.
You can view this information on the following map.
Wording of the draft Article 4 Direction(s)
The wording of the draft Article 4 Direction(s) is as follows:
Peterborough City Council
Town and Country Planning (General Permitted Development) (England) Order 2015
Direction made under Article 4(1) to which Schedule 3 applies
THE PETERBOROUGH SMALL HOUSES IN MULTIPLE OCCUPATION ARTICLE 4(1) DIRECTION 2024
WHEREAS Peterborough City Council (‘the Council’) being the appropriate local planning authority within the meaning of Article 4(5) of the Town and Country Planning (General Permitted Development)(England) Order 2015 (‘the Order’) is satisfied that it is expedient that development of the description set out in the First Schedule of this Direction should not be carried out on land described in the Second Schedule of this Direction unless planning permission is granted by the local planning authority on an application made under Part 3 of the Town and Country Planning Act 1990 (as amended).
NOW THEREFORE the Council in pursuance of the power conferred on it by Article 4(1) of the Order hereby directs that permitted development granted by Article 4(1) of the Order shall not apply to development specified in the First Schedule of this Direction on the land described in the Second Schedule of this Direction.
FIRST SCHEDULE
Development comprising the change of use of a building from a use falling within Class C3 (dwellinghouses) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), to a use falling within Class C4 (houses in multiple occupation) of that Schedule, being development comprised within Class L(b) of Part 3 (Changes of Use) of Schedule 2 of the Order and not being development comprised within any other Class.
The Second Schedule is the details of the areas covered, as above.
How it works in practice
Once an Article 4 Direction is in operation, planning permission is required to convert from a house to a small HiMO in the same way as it is currently required for large HiMOs. We will then publicise that planning application in the normal way for a minimum of 21 days. Once the closing date has been reached for comments relating to a planning application, we will take all relevant planning issues into account, and either grant or refuse planning permission. We have targets to determine these types of planning applications within eight weeks.
Once planning permission has been given, the landlord will still need to make sure they comply with Building Regulations before they carry out any conversion work.
If planning permission is refused, the Council has to give reasons. The landlord may appeal against the Council’s decision to refuse planning permission, and the Secretary of State will then decide whether the development can go ahead. There is no third party right of appeal, which means that if planning permission is granted, the only way to challenge the decision is through the Court. This is the same for almost every type of planning application, which means that the planning department is familiar with the process and will be able to manage the planning applications that arise as a result of the Article 4 Direction.
If a landlord has an existing small HiMO, before the Article 4 Direction takes effect, they may apply for a lawful development certificate from the planning authority, to establish that the Small HiMO is lawful. If that is the case, you should do this before the Article 4 Direction comes into force.
Outcome of the 2023 consultation
We considered every comment we received. Some minor changes were made to the Direction. The comments and officer responses have been tabulated and are available to view in Appendix 1 below.
We have also prepared a summary of responses to the questionnaire. You can view them in Appendix 2 below.
If you have any queries, please contact planningpolicy@peterborough.gov.uk
