Ipswich Council to launch crackdown on rogue HMO landlords
HMOs - or houses of multiple occupation - are where individual rooms of a property are let to different people
A Suffolk council is looking to regulate more strictly the process to turn a property into a house of multiple occupation (HMO).
Developers in parts of Ipswich would need to go through the planning application process to convert a property into a HMO.
These areas would include large parts of Westgate and Alexandra wards, as well as northern sections in Bridge, St John’s and Priory Heath, eastern areas of Gipping and Gainsborough, and parts of Bixley, Hollywells, Rushmere and St Margaret’s.
In some of these areas, just a very small portion would be affected.
The council will put the plans to public consultation, before asking the government to approve making the areas subject to an article four direction – which makes a planning application necessary.
Cllr Carole Jones said at last Wednesday’s Ipswich Borough Council meeting in which the plans were approved: “The impetus for starting this process came from a rush of extensions and building works in central areas of our town.
“These were picked up by councillors from worried residents and investigated by our planning enforcement officer.
“Having explored new national rules, the planning team now recommends working to establish an article four direction in a cluster of areas where the evidence best supports an application.
“We know from the experience of other councils that it is hard to get approval for article four directions.
“If we had this direction, it would mean that in the designated areas any applicant looking to establish a small HMO would have to apply for planning permission.
“Their planning application would be assessed using the usual planning policies that refer to aspects like the design, character of the area and parking space – and local people will have the chance to respond to a consultation.
“Enforcement in these areas would be clear cut. If we find a HMO has been put in place without a planning application, we would be able to take action straight away.
“I think this is a no brainer. It’s not perfect, as the requirement for a planning application for a HMO should be normal practise.”
Converting to a HMO with up to six residents does not legally require a planning application.
Between March 2019 and April 2022, Ipswich’s planning authority had 24 properties with active enforcement investigation relating to suspected HMO activity.
These comprised 11 in Westgate, four in Alexandra, three in St John’s, two in Bridge, two in Hollywells, one in Gipping and one in Priory Heath.
The cluster areas to be proposed for article four directives have been informed by the sites of this enforcement action.
A landlord for a HMO in Ipswich’s Reading Road in was ordered to pay £11,500 last year after not properly licensing a property that was housing 12 people.
Ipswich Borough Council found that people were sleeping in an under-stairs cupboard that also had the electrical distribution board.
Cllr Ian Fisher from the opposition Conservative group said: “As a group, we are very happy to support this proposal.
“There are a lot of people who share my desire for this to have been town wide, but I understand why we are not applying for a town-wide application.
“I want to put on record my concerns that we risk pushing these developments to the areas that don’t have article four direction.
“I’d like to have some sort of commitment that we will look at this on a periodic basis, with a view to potential bringing in more article 4 directives should this happen.”
Liberal Democrat Cllr Oliver Holmes stated his group supported the proposal, and agreed with Cllr Fisher’s point about protecting other areas from unsuitable HMOs.
The 2021 national planning policy framework led the council to push ahead with restricting HMOs in specific areas of Ipswich, rather than the entire town.
The framework states article four directions should only be used where it is “necessary to avoid wholly unacceptable adverse impacts” or “to protect local amenity or the wellbeing of the area”.
This should be “based on robust evidence and apply to the smallest geographical area possible” and should not be used unless there is “clear justification” for doing so.
Cllr Jones said: “I’m very pleased to have the support of the two opposition groups.
“Clearly there is the issue that unscrupulous developments may spill into the areas not covered.
“But it is better to do something right given the severe constraints of the legislation.
“I am happy for us to review the position, though the best thing that could happen is that the legislation is changed and every applicant has to apply for planning permission to convert into a HMO.”
The recommendation to consult on the proposal and prepare an article four direction was approved unanymously by councillors.
The secretary of state for levelling up, housing and communities will have the final say on whether the plans can be enacted.