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.  It is proposed that the new Article 4 Direction will apply to the entire village of Kegworth, as shown on the accompanying map.

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.  

The Direction relates to development consisting of a change of use of a building from a use falling within Class C3 (dwellinghouses) of the Schedule to the Town and Country Planning (Use Classes) order 1987 (as amended) to a use falling within Class C4 (houses in multiple occupation) of that Schedule, and removes permitted development rights for this type of development from Friday 19 February 2021.  Planning permission will therefore be required for change of use from Class C3 to Class C4 once the Article 4 Direction takes effect.

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.

What does the Article 4 Direction Propose?

The District Council will introduce an Article 4 Direction that will apply 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 comes into force on 19 February 2021 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).  

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 will the Article 4 Direction come into effect?

The Council has made a non-immediate Article 4 direction and the Article 4 direction will take effect on Friday 19 February 2021.  It is only then that planning permission will 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.

A hard copy of the Direction and Map may be seen on display in the window of the Kegworth Parish Council Offices at 1 London Road, Kegworth, Derby, DE74 2EU and also at the District Council Offices, Whitwick Road, Coalville, LE67 3FJ.  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

If you are the landlord of an existing small HMO, we are asking that you declare this to us. This will ensure that we have as much information as possible about existing HMOs in Kegworth before the Article 4 Direction becomes enforceable and will help to protect you against possible enforcement action.

Please provide details of the address of the property and any evidence to show that it is an existing HMO. Commonly submitted evidence includes copies of tenancy agreements, council tax exemptions (where the property has been occupied by students) or HMO licences.

The process for declaring existing HMOs will remain open until the Article 4 Direction comes in to force on Friday 19 February 2021. After this date existing HMOs which have not already been declared may require the submission of an application for a certificate of lawful use or for retrospective planning approval.

Declare HMO’s – link to a questionnaire or complete a HMO Declaration Response Form (Word Document, 1.05 Mb)

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Last updated: Tue 11 August, 2020 @ 12:42