Article 4 Directions
- The use of statutory planning controls to protect, preserve or prevent what was, from what could be.
- In this context, protecting residential communities by curtailing the number of HMOs within a selected area.
- The aim is to prevent the current spread of HMOs and in particular student HMOs.
- This requires compliance with LAs and Landlords involving a "change of use" of an owner-occupied residence Class C3 to a Class C4: HMO status.
- There is no charge for Art 4 Directions.
- Indeed a large number of simultaneous applicants could consequently cripple a LAs administrative budget.
- Could this be why many Councils in the UK are arguably (cynically) introducing fee paying discretionary licensing?
- Some inspections incurring fees under licensing are suspiciously similar to those which are the responsibility of LAs under other legislation, but which attract no fees!
- The penurious-plot thickens!
- Enabled via the HA 2004
- This move was first introduced by MP John Healy in Southampton for the Labour party on 29 January 2010 and supported by fellow labour MP John Denham.
- Implemented on 6 April 2010,
- Repealed temporarily by the coalition government on 1 October 2010. Why?
- To allow for the statutory minimum of 12 months consultation by LAs.
- This period of consultation has now expired in Canterbury and the survey is complete.
- A decision is imminent and potentially without notice.
- As at Early August 2012 it is envisaged an executive meeting following a meeting in November will result in a formal decision.
- If the vote is against no further action is required.
- If the vote favours an Art, 4 Direction or a series of Art 4 Directions then it could be implemented without notice.
See also
Published: 5 November 2013 Last Updated: 17 November 2021