The District Council has made the decision to make a non-immediate Article 4 Direction to the village of Kegworth, to withdraw permitted development rights for the change of use from dwelling houses (Use Class C3) to small HMO’s (Houses in Multiple Occupation) (Use Class C4) where between 3 and 6 unrelated people share basic amenities such as a kitchen or bathroom.  The new Article 4 Direction will apply to the entire village of Kegworth, as shown on the accompanying map.

The Article 4 Direction came into force on 19 February 2021.  Therefore planning permission will be required within Kegworth before a single family dwelling house can be converted into a small house in multiple occupation (Class C4 Use).

What this means is detailed below:

What is an Article 4 Direction?

An Article 4 Direction is a planning tool that can be used in a local area to remove ‘permitted development rights’ for certain types of development, so that planning permission must be obtained before development can take place.  A legal process, including public consultation, must be followed in order to introduce an Article 4 direction.  Following public consultation, North West Leicestershire District Council confirmed the Kegworth Article 4 (1) Direction on 23 July 2020 under Article 4 (1) of the Town and Country Planning (General Permitted Development) (England) Order 2015. 

What is the purpose of the Article 4 Direction?

The District Council has introduced an Article 4 Direction that applies to the village of Kegworth (as identified on Map 1: Proposed Article 4 Direction Boundary (Kegworth)) for the conversion of family housing to small HMOs.

What are the implications of the Article 4 Direction?

Once the Article 4 Direction came into force on 19 February 2021 planning permission is required within Kegworth before a single family dwelling house can be converted into a small house in multiple occupation (Class C4 Use).  

The withdrawal of permitted development rights does not necessarily mean that planning consent would not be granted, nor does it provide a presumption against such development. It simply means that an application has to be submitted, so that the Local Planning Authority can examine the plans in detail. Each application will then be determined on its own merits having regard to all material considerations.  Therefore, as a result, the Council will be able to better manage the creation of HMOs and their impact on the well-being of the area.

What is a non-immediate Direction?

A non-immediate direction is where permitted development rights are only withdrawn upon confirmation of the direction by the local planning authority following local consultation.  Regulations allow a non-immediate direction to be brought into force between 12-24 months after the date on which the Article 4 direction was made. 

When did the Article 4 Direction come into effect?

The Council has made a non-immediate Article 4 direction and the Article 4 direction took effect on Friday 19 February 2021.  Planning permission will now be required for the change of use from dwelling houses (Use Class C3) to small HMO’s (Use Class C4).

A copy of the Article 4 Direction, a map defining the area and associated documents can be seen by clicking on the links below.

Copies of the Direction and Map can also be requested by contacting Planning Policy at North West Leicestershire District Council at planning.policy@nwleicestershire.gov.uk or by telephone on 01530 454677.

Existing Small HMOs

During the Article 4 Direction consultation process, we asked landlords of existing small HMO to declare thesd to us. This was to ensure that we have as much information as possible about existing HMOs in Kegworth before the Article 4 Direction became enforceable and to help to protect against possible enforcement action.  The process for declaring existing HMOs has now closed.  Please note that existing HMOs which have not already been declared may require the submission of an application for a certifcate of lawful use or for retrospective planning approval.

If there are any queries in relation to this process or to HMOs that were existing prior to Friday 19 February 2021, please contact the planning policy team at planning.policy@nwleicestershire.gov.uk

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Last updated: Fri 23 July, 2021 @ 14:02