Decision to bring into force a Direction made under Article 4(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (‘the GPDO’)

Houses in Multiple Occupation Article 4 Direction Proposal

Proposed Controls on HMO Conversions in Filton and Stoke Park & Cheswick

Proposal

Notice is given that South Gloucestershire (‘the Council’) has confirmed a Direction made under Article 4(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (‘the GPDO’).

The Direction was made on 26^th August 2022 and will come into force on 30^th December 2022.

The Direction applies to two areas in:  The Stoke Park & Cheswick ward and to the east of Southmead Road and Gloucestershire Road North in the Filton ward.

The effect of the Direction is that permitted development rights granted by Article 3 of the GPDO will no longer apply for a change of use from a dwelling house (Use Class C3) to a House in Multiple Occupation (Use Class C4) once the Article 4 Direction comes into force.

The Direction is now subject to a further 21 days consultation. This period begins on 29^th September 2022. Subject to reviewing the comments received, the council intends to move forward to complete the remaining stages of making the Direction to introduce a non-immediate Article 4 Direction A4D.

The decision and accompanying documents to approve confirming the Direction to withdraw specified permitted development rights to convert dwelling houses (C3) to a small Houses in Multiple Occupation (HMO) (C4) without planning permission within specifically defined areas of Filton and Stoke Park & Cheswick wards is shown here: Decision - Article 4 Direction Consultation Analysis and next steps - South Gloucestershire Council (southglos.gov.uk)

Executive Member Report is shown here: Executive Member Report - implementation of A4D - Proposed Decision

The boundaries of the proposed A4D boundaries is shown here: A4D Boundaries 

The Direction made under Article 4 (1) is shown here: Direction HMO A4D

The Sealed Order is here: Sealed Order

The Equalities Assessment and Analysis of the proposed A4D is shown here: Equalities Impact Assessment

Background

Statutory powers and procedures for South Gloucestershire Council in making an Article 4 Direction (AD4)  are set out in the Town and Country Planning (General Permitted Development) Order 2015 (GPDO). This enables the Secretary of State or the relevant local planning authority e.g. South Gloucestershire Council, to withdraw specified permitted development rights across a defined area in order to support the necessary protection of the local amenity and/or the wellbeing of the area.

In the areas where an Article 4 Direction applies, all property owners or prospective landlords would no longer have permitted development rights to convert a dwelling house (C3) to a small HMO (C4) without planning permission. This would not mean that HMOs within A4D areas are unacceptable, rather that it would bring these into the planning system to allow consideration of the proposed development against the council’s adopted Local Plan policies and supporting Housing in Multiple Occupation (HMOs) Supplementary Planning Document (SPD), adopted October 2021.

The National Planning Policy Framework (NPPF) (July 2021) requires that Article 4 Directions (A4D) are only implemented when it is ‘necessary to protect local amenity of the well-being of an area’ and should be used only where they are supported by a robust evidence base and apply to the smallest geographical areas possible. The National Planning Practice Guidance (PPG) further sets out that an A4D should be justified in both its purpose and extent. The definition of any proposed A4D boundary must therefore be carefully considered and evidence-based in order to comply with national policy.

Housing in Multiple Occupation (HMOs) are properties rented out to at least 3 people who are not from one household (for example such as a family) but share facilities like a bathroom or kitchen. Most HMOs are conversions or subdivisions of larger houses and currently, planning permission is only needed if providing 7 or more bedrooms.

HMOs meet a variety of needs for private rented housing ranging from young professionals ‘house-shares’ and students wanting to live off campus, as well as providing a vital source of housing supply for people on lower incomes. For many people, HMOs provide a practical and affordable housing option that meets their housing needs.

However, evidence shows that there has been an increase in this type of development in South Gloucestershire over recent years to meet demand. This has resulted in concentrations of HMOs in particular parts of the district which has, in some cases, heightened concerns from neighbouring properties and wider community with regard to parking pressures, noise, management of waste and recycling and anti-social behaviour. This has led the council to consider whether some further controls on the increase in HMOs are required.

Feedback from Public Consultation undertaken

Ahead of making the Direction, the Council gave notice on the 7^th February 2022 that it intended to introduce the Direction by 31^st December 2022.  This was also subject to 8 weeks public consultation which ran until 4^th April 2022. 

The report reviewing the comments received and how they have been considered is available here: HMO A4D Consultation Statement 

The technical report prepared by Arup is available here: Arup Technical Report

Consultation

The Direction is now subject to a further 21 days consultation. This period begins on 29^th September 2022. Subject to reviewing the comments received, the council intends to move forward to complete the remaining stages of making the Direction to introduce a non-immediate Article 4 Direction.

Members of the public may inspect copies of the Direction and supporting documents at the Patchway One Stop Shop, The Patchway Hub, Rodway Road, Patchway BS34 5PE, Kingswood One Stop Shop, Civic Centre, High Street, Kingwood BS15 9TR and Yate One Stop Shop (access via West Walk), Kennedy Way, Yate BS37 4DQ during all reasonable hours, or online at Planning policy guidance | BETA - South Gloucestershire Council (southglos.gov.uk). 

Anyone who wishes to make representations about this proposal should contact Strategic Planning, Department for Place, South Gloucestershire Council, PO Box 1954, Bristol, BS37 0DD planningpolicy@southglos.gov.uk by 21st October 2022. Any comments submitted will be made available for public inspection including, publication onto the Council’s Website.

This phase is promoted via:

• On South Gloucestershire Council’s website https://beta.southglos.gov.uk/planning-policy-guidance
• Local media and social media on South Gloucestershire Council’s Facebook page
• Through an advert in Western Daily Press which covers the whole of South Gloucestershire Council area
• Through a news article in the Filton Voice 
• Public Notices placed across the two proposed A4D boundary areas.
• In South Gloucestershire Libraries and One-Stop Shops (please refer to www.southglos.gov.uk/libraries for locations and opening times).
• Letter delivered to every household within the two proposed A4D boundary areas
• Email/ letter sent to everyone on the South Gloucestershire Council’s Local Plan database
• The West of England Landlords forum and to landlords of Licenced HMO properties in South Gloucestershire
• Our equalities partners with the objective to strengthen community and stakeholder involvement and awareness of the procedures for implementing the A4Ds

Next Steps

Subject to reviewing the comments received, the council intends to move forward to complete the remaining stages of making the Direction to introduce a non-immediate Article 4 Direction.

All comments made on this consultation will be published online in due course. Please note that responses received, including personal details, cannot be kept confidential and will be made publicly available.

Copy of the South Gloucestershire Council’s Privacy Notice is available here

This consultation has now closed and we are analysing the results, which will be published here in due course.