When you apply for planning permission for a HMO, the council will assess the proposal against a number of policies and criteria. Each council has its own approach, but most follow a similar pattern. Understanding what they look for does not guarantee approval, but it will help you prepare an application that deals with the main issues directly.
If you are not clear on when planning permission is required for a HMO, you may find my guide on when a HMO needs planning permission helpful. It explains the basic rules and the situations where an application is needed.
HMO concentration
The first question most councils ask is whether there are already too many HMOs in the area. Many apply a percentage test. A common threshold is 10% within a certain radius, although some councils use a different figure or a different measure altogether.
Others rely on a proximity test. They may refuse if there is already a HMO next door, opposite, or on both sides of the property. Some also apply a ‘sandwiching’ rule, where a proposal is refused if it would place two HMOs on either side of a family home.
If your property falls on the wrong side of these rules, the council is likely to take a negative view of the application.
Many of the strictest assessments take place in areas covered by an Article 4 Direction. I have written more about how Article 4 Directions affect HMO applications and why they make the process more difficult for landlords.
Internal layout and standards
Councils will review the internal layout to make sure the accommodation is suitable. They look at the size of bedrooms, the amount of shared space and the general quality of the rooms. They also check that escape routes are safe and that the layout functions sensibly for the number of people proposed.
Larger HMOs attract more scrutiny. If the layout appears cramped or contrived, the council may argue that the accommodation does not provide an acceptable standard of living.
Parking and access
Parking is a common concern. Councils often assume HMOs generate more car ownership than single-family homes. They will consider on-street parking capacity, access to public transport and the availability of cycle storage. They also check whether bins and other services can be stored neatly and accessed easily.
If parking is already under pressure in the area, this can become a key issue.
Impact on neighbours
Councils assess the likely impact of the HMO on neighbouring properties. They may raise concerns about noise, disturbance and general activity levels. These concerns often stem from assumptions rather than evidence, but they appear frequently in planning reports.
A clear management approach, sensible layouts and good bin storage arrangements can help reduce these perceived impacts.
Character of the area
Councils sometimes refuse HMOs on the basis that they would harm the character of the area. This is usually linked to concerns about overconcentration, changes in household type and the cumulative effect of several HMOs in the same street.
The argument is subjective, but it is a common reason for refusal where the council believes the area already has a high number of shared houses.
Compliance with local HMO policy
Most councils with an Article 4 Direction have a dedicated HMO policy. These policies set out the criteria against which applications will be assessed. They often include thresholds for concentration, minimum space standards, separation distances and requirements for shared living space.
Some are clear and easy to apply. Others are vague or overly complex. Either way, the council will expect the proposal to comply with the policy, and departures from it often lead to refusal.
Planning history of the property
The council will review the planning history. If the property has previously been used as a HMO, they will want to know whether that use was lawful. If it can be shown that the property has been used as a HMO for at least ten years, it may be possible to regularise the use through a certificate of lawfulness. If the history is unclear or there are gaps in the evidence, the council may insist on a full application.
If your application has already been refused, there are still options. You can read more about appealing a refused planning application on my website.
Size and intensity of the HMO
The size of the HMO is another factor. Small HMOs (3–6 people) are generally assessed differently from larger, sui generis HMOs. Larger HMOs are often viewed as a more significant change and may require larger rooms, more facilities and a higher standard of accommodation.
The council will consider whether the intensity of use is appropriate for the property and the area.
Management and operation
Some councils consider how the HMO will be managed. They may ask for details of bin storage, maintenance, noise control and general supervision. Good management does not guarantee approval, but poor or unclear arrangements can undermine an application.
Conclusion
Councils consider a wide range of factors when assessing HMO applications. Some of these are technical and straightforward. Others are subjective and depend on local policies and attitudes.
A well-prepared application will address each of the relevant issues clearly. It will demonstrate that the accommodation meets the required standards, that the area can support another HMO and that the proposal will not cause harm to neighbours or the wider community.
Councils are becoming more active in regulating HMOs. My earlier article, HMO investors beware – the planners are coming, looks at the wider context and why this is happening.
Check out my book!
If you want a fuller explanation of how HMO planning works, you may find my book Planning for HMOs useful. It sets out the rules on planning permission, Article 4 Directions, Certificates of Lawfulness and enforcement, all in plain English.
You can find it here: www.martingaine.com/hmos.
If you need help with a specific property, my team at Just Planning can advise on applications, appeals and enforcement matters. More details are on my website: www.just-planning.co.uk.