Effective from 1st July 2013: Planning Controls for HMOs in Bath

On 1st July 2013 B&NES Council confirmed an Article 4 Direction for HMO in Bath. This means that planning permission is required from 1st July 2013 until further notice to change use from a dwelling house (C3) to a house in multiple occupation (C4) comprising small shared dwelling houses occupied by between 3 and 6 unrelated individuals who share basic amenities, anywhere within the City of Bath.

Planning permission is not required for properties in Bath changing use from a house in multiple occupation (C4) back into a dwelling house (C3).

Planning applications for a change of use under this Article 4 Direction cannot be charged planning fees by the authority, so such an application will be free of charge.

A Houses in Multiple Occupation in Bath Supplementary Planning Document was adopted by the Council 1st July 2013, this explains how the new planning applications triggered will be determined and supplements B&NES Local Plan policy HG.12. The final page of this document also outlines the submission requirements for this kind of change of use application.

You are able to view the confirmation notice for the Article 4 Direction and the Supplementary Planning Document as well as other background information and FAQ on the following page:

www.bathnes.gov.uk/hmo

It should be noted that in the Bath wards of Oldfield, Westmoreland and Widcombe from 1st January 2014, a mandatory license will be required for all Houses in Multiple Occupation issued by Housing Services. Applications will be open from 1st October 2013, for full details see:

www.bathnes.gov.uk/hmos

You can view the areas in Bath for which you would have to apply for planning permission in order to establish an HMO, referred to as a the 'Stage 1 HMO Test' in the  Houses in Multiple Occupation of Bath Supplementary Planning Document – the planning constraint is listed under “HMO Stage 1 Test” – View the map. 

Effective from 1st October 2010: HMOs in North East Somerset

From 1 October 2010, the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2010 (2010 No. 2134), will in effect mean that:
 
• Planning permission will not be required for properties changing use from a dwelling house (C3) to a house in multiple occupation (C4) comprising small shared dwelling houses occupied by between 3 and 6 unrelated individuals who share basic amenities; and
• Planning permission will not be required for properties changing use from a house in multiple occupation (C4) back into a dwelling house (C3).

Legislation currently available is listed below - 

The Town & Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2010 (2010 No. 2134) (external link)

The Town and Country Planning (Compensation) (No. 3) (England) Regulations 2010 (2010 No. 2135) (external link)

Further information:-

Information on applying for planning permission can be found on our planning web pages.

Note: This is an introductory guide and is not a definitive source of legal information.

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