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  • Repealed temporarily by the coalition government on 1 October 2010.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 Planning Permission

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