Article 4 Exemptions.

03/10/2018

What is an Article 4 Direction?

An Article 4 Direction allows us to withdraw permitted development rights for specific development works or changes of use. In this case, it would be the withdrawal of the permitted development rights that currently allow houses to be converted into HMOs without planning permission when they are to be occupied by 6 or fewer people. Article 4 Directions are made when the character of an area of acknowledged importance would be threatened. It's important to note that requiring a planning application to be submitted does not mean that all applications would be refused. It does however allow us to consider each case against national and local policies, particularly the benefits and impact, before making a decision. It also allows local residents to be informed about what is being proposed for their area, and make representation.

Applications via the Council

£800, with a £15.00 reduction on any future applications from the same applicant. The fee will be paid up front and in one payment.

Who will be exempt?

Under the additional licensing scheme, you would not need an additional licence if the property is:

An HMO that already requires a licence under the mandatory HMO licensing scheme
Already regulated under other statutory provisions, such as The Licensing and Management of Houses in Multiple Occupation and Other Houses
In Hexthorpe and already has a selective licence. Under the proposal, this area would still be covered by the Article 4 proposals
Subject to an Interim or Final Management Order (see Part 4 of the Housing Act 2004 for information about these orders)
Covered by a temporary exemption notice
Managed a local housing authority, registered social landlord, police or fire & rescue authority or a health service body
Falls within an exemption applying to certain student halls of residence
Occupied mainly for the purposes of a religious community whose main occupations are prayer, contemplation, education or the relief of suffering
Occupied by an owner with no more than two lodgers
Occupied by two people who form two households

What would happen if a landlord does not apply for, or obtain, a licence?

Landlords and persons managing HMO's that fall under the new criteria in the designated areas, are required to obtain a licence by 1st January 2019, unless a notification in relation to a temporary exemption or an application for a licence is effective. Failure to obtain a licence by this date, may result in the Council seeking prosecution or issuing a civil penalty to those responsible.