Draft Regulation 18 Sandwell Local Plan
Housing in Multiple Occupation
7.48 Over the last few years, the issue of the number and location of Houses in Multiple Occupation[131] (HMOs) in Sandwell has risen in importance. A combination of changes to permitted development rights and the need to provide affordable accommodation for people on low incomes has led to an increase in the number of HMOs and in the numbers of related planning applications being determined by Sandwell's Planning Committee.
7.49 HMOs provide an additional and valuable source of lower-cost accommodation for sections of the community who cannot afford to purchase their own property or who do not qualify for other forms of social housing. They also provide for the needs of students and people commuting from elsewhere to work in Sandwell.
7.50 There is a perception however that HMOs lead to increases in anti-social behaviour, increased activity, parking problems, noise nuisance and more transient occupiers leading to a weakening of community coherence.
(1) Policy SHO8 - Houses in Multiple Occupation
- Proposals for the creation of a House in Multiple Occupation (HMO), including the conversion of buildings or sub-division of dwellings, will only be permitted if this would not result in over 10% of the number of residential properties[132] within a 100-metre radius of the application site, measured from the centre point of the property (referred to in this policy as the "relevant area") operating as HMOs and if the proposals would meet the additional criteria set out in this policy.
- The methodology for establishing the quantum of HMOs in a relevant area is set out in the table below:
Table 8 - Methodology for calculating concentration of HMOs within a relevant area
Methodology / Evidence:
The Council will calculate the number of HMOs in the relevant area for each individual planning application by using the following approach:
- Identifying the current distribution of residential properties in the relevant area -
For the purposes of assessing applications for HMO development, dwelling houses and HMOS that are located within blocks of flats or subdivided properties are counted as one property. Residential institutions, care homes, hostels and purpose-built student accommodation and other specialist housing types are also counted as one property per block. This will ensure that calculations of HMO concentration are not skewed.
- Calculating the number of HMOs in the relevant area -
Current HMO numbers will be identified from the following sources:- Properties licensed as a HMO
- Properties with C4 or Sui Generis HMO planning consent or issued with a Certificate of Lawful Development
- Council tax records – student exemptions for council tax excluding purpose-built student accommodation and private flats
- Calculating the concentration of HMOs in the relevant area -
The concentration of HMOs surrounding the application site is calculated as a percentage of the total estimated number of existing HMO units against the total number of residential properties. It is accepted that although the HMO sources listed above provide the most robust approach to identifying the numbers and locations of HMOs in an area, it will not identify all HMOs.
- Once the current level of HMO provision has been established in a relevant area, the following criteria will be applied to a new proposal:
- the development would not:
- result in the loss of C3 family-sized dwellings in areas where there is a proven demand for such accommodation (Policy SHO7);
- result in a C3 family dwelling house being sandwiched[133] between two HMOs or other non-family residential uses[134];
- lead to a continuous frontage of three or more HMOs or non-family residential uses.
- the development is unlikely to be detrimental to the amenities of the occupiers of adjoining or neighbouring properties by way of noise, overlooking, general disturbance, or impact on visual amenity;
- the development would not have a significant adverse impact on the character or appearance of the area, or of the historic or natural environment;
- the development would not give rise to unacceptable adverse cumulative impacts on amenity, character, appearance, security, crime, anti-social behaviour or the fear of crime[135];
- in areas at risk of a 1 in 100-year plus flood event, finished ground floor levels are at least 60cm above the 1 in 100-year plus flood level;
- provisions for off- and on-street car and cycle parking are sufficient and appropriately incorporated and would not have an adverse impact on the surrounding area by way of increased on-street parking, impaired highway safety or impeding proper access to the area;
- the site is in an area that has good access by walking and public transport to residential services, as set out in Policy SHO3; and
- the development provides a satisfactory standard of living accommodation and the internal layout is shown to be suitable for the number of units proposed in terms of daylight, outlook and the juxtaposition of living rooms and bedrooms;
- The construction or conversion of the building / dwelling intended to form the HMO should be undertaken to provide adequate personal living space and residential facilities[136], including:
- bedrooms of at least 7.5m2 (single) and 11.5m2 (double);
- communal living space comprising lounge, kitchen and dining space either as distinct rooms or in an open plan format;
- washing facilities;
- adequate provision for the storage and disposal of refuse and recycling;
- outdoor amenity space for sitting out, play and drying clothes and external storage space, including cycle storage[137].
- Where an HMO has been established in breach of the need for planning permission, retrospective consent will only be granted in exceptional circumstances.
- Proposals for the intensification or expansion of an existing HMO should comply with the criteria above, having regard to the size and character of the property.
- the development would not:
Justification
7.51 Houses in Multiple Occupation (HMOs) are defined as homes accommodating three or more unrelated households who typically share kitchens, lounges, and bathrooms.
7.52 HMOs are an increasingly popular part of the housing market within many parts of the Black Country. As rooms can be rented individually, they provide additional affordable accommodation options, used primarily by students, young people, and those on lower incomes.
7.53 Whilst the area's stock of HMOs is contributing to meeting housing needs, increased numbers of multiple occupancy properties have the potential to create harmful impacts. Concentrations of HMOs within neighbourhoods can lead to imbalanced and unsustainable communities and harm the social mix and fabric of the area by increasing the proportion of short-term households. They can damage the residential amenity and character of surrounding areas, as the level of activity associated with a HMO is significantly greater than a typical family house, thus increasing the potential for noise and disturbance.
7.54 Harmful impacts associated with high numbers of HMOs can include:
- reduced social cohesion resulting from demographic imbalance and unsustainable communities;
- reduced housing choice resulting from housing type / tenure imbalance (e.g., a shift from permanent family housing to more transient accommodation and a growth in the private sector at the expense of owner-occupation);
- reduced community engagement from residents resulting from an increase in the transient population of an area;
- noise and disturbance resulting from intensification of the residential use and / or the lifestyle of occupants;
- detriment to the visual amenity and character of the area resulting from poor or accumulative external alterations to properties and / or poor waste management;
- reduced community facilities resulting from a shift in the character of shops and businesses;
- increased anti-social behaviour and fear of crime resulting from the lifestyles of some HMO occupants, the transient nature of the accommodation and inadequately designed / maintained properties;
- highway safety concerns resulting from congested on-street parking.
7.55 Whilst this type of accommodation can address certain housing needs, HMOs tend to be grouped together in parts of the urban area, becoming the dominant type of housing, which can lead to social and environmental problems for local communities. Alongside this, an over-concentration of HMO properties can lead to a loss of family-sized units. This in turn can lead to a consequential increase in the overall number of units unsuited to family occupation. This can pose a serious issue for maintaining a mixed sustainable housing offer across the Black Country.
7.56 The Black Country HMA (2021) signalled that the greatest demand in the future will be for homes of three bedrooms or more. It is important, therefore, that an approach is taken to the creation of HMOs and the sub-division of existing properties that only allows those proposals that do not impact upon the overall supply of family-sized homes to be consented. In applying this policy, 'family-sized dwellings' means houses with three or more bedrooms.
7.57 In determining the concentration of HMOs surrounding the application site, it is calculated as a percentage of the total number of residential properties. HMOs should not form over 10% of the number of residential properties within a 100-metre radius. Any application that would result in a higher figure e.g., 10.04% would be refused.
7.58 Planning permission will not be granted where the introduction of a new HMO would result in an existing C3 dwelling being 'sandwiched' by any adjoining HMOs or non-family residential uses on both sides. In the context of the policy, this is defined as:
- Up to three single residential properties in a street located between two individual HMO properties;
- Individual HMO properties in any two of the following locations: adjacent, opposite or to the rear of a single residential property;
- A residential flat in a building where most of the other flats are proposed for use as HMOs;
- A residential flat within a building located between two other sub-divided buildings with at least one HMO flat in each of the other building;
- A residential flat located between HMOs above and below or between HMO flats on either side.
7.59 This would not apply where the properties are separated by an intersecting road or where properties have a back-to-back relationship in different streets. Planning permission would also not be granted where it would result in a continuous frontage of three or more HMOs or non-family residential uses
7.60 In situations where properties are not traditional houses situated along a street frontage, the policy can be applied flexibly depending on the individual circumstances of the proposal.
Exceptional circumstances
7.61 In some areas, the concentration of HMOs in an area may be at such a high level that the introduction of a new HMO use would be difficult to resist. In these circumstances the retention of a property as a family dwelling would have little noticeable or meaningful effect on the balance and mix of households in a community already dominated by the proportion of existing HMOs. Therefore, the conversion of remaining buildings to a HMO could not harm the character of the surrounding area any further.
[132] See paragraph 7.57
[133] See justification for more detailed explanation
[134] For the purposes of this policy a non-family residential use is defined as a HMO, student accommodation, residential accommodation within C1 and C2 Use and self-contained flats
[135] It is recommended that pre-application and planning application advice is sought for HMO proposals from the West Midlands Police Design Out Crime Offices
[136] Some national planning guidance is available, covering licensing and mandatory minimum room sizes https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/925269/HMOs_and_residential_property_licensing_reforms_guidance.pdf .
[137] This would normally be calculated to match the same amenity provision for an apartment block (10m2 per person)