Consulting on and limiting HMOs

Consultation

HMO licensing is a national scheme - it isn't subject to local consultation under the Housing Act 2004.

Only those with a legal interest in the property need to be consulted. We are not required to consult with neighbours or local residents under the law.

Limiting HMOs in certain streets or areas

We can't prevent or reduce the number of HMOs in any given area - we are duty bound to licence any HMO on receipt of a valid HMO application under the Housing Act 2024.

It also doesn't let us propose restrictions on certain areas.

There are provisions in planning legislation that, if triggered, require planning permission for HMOs in a particular area (Article 4). This came into force on 24 April 2024, but only applies to new HMOs in the Kingswood ward of Corby.

Following extensive research by our Planning department, there was little evidence to suggest that any other area met the criteria or need for an Article 4 direction to be implemented.

Article 4

Our Planning team carried out research in 2022/23 to look at the number and distribution HMOs along with the effects of HMOs being concentrated. They identified 6 hotspot wards containing the highest numbers and concentration that will be subject for further local analysis.

This resulted in an Executive Member for Growth and Regeneration decision to implement an Article 4 Direction in Kingswood Ward Corby - coming into force on 24 April 2024.

Extending the Article 4 across Corby

It is unlikely that an Article 4 direction could be put in place for the whole of Corby as it would be likely to be overturned by the Secretary of State as it would not be applied to the smallest geographic area possible as set out in national planning guidance:

54. The use of Article 4 directions to remove national permitted development rights should:

a) where they relate to change from non-residential use to residential use, be limited to situations where an Article 4 direction is necessary to avoid wholly unacceptable adverse impacts (this could include the loss of the essential core of a primary shopping area which would seriously undermine its vitality and viability, but would be very unlikely to extend to the whole of a town centre)

b) in other cases, be limited to situations where an Article 4 direction is necessary to protect local amenity or the well-being of the area (this could include the use of Article 4 directions to require planning permission for the demolition of local facilities)

c) in all cases, be based on robust evidence, and apply to the smallest geographical area possible.

55. Similarly, planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do soParagraph 54 of the National Planning Guidance National Planning Policy Framework

There are a number of times where the Secretary of State has intervened and required Article 4 directions to be amended due to being disproportionate and not based on evidence:

The Article 4 direction, as made, does not take a sufficiently targeted approach in the assessment of the wholly unacceptable adverse impacts of the permitted development right in each location. Such an approach is necessary to ensure that Article 4 directions apply only to the smallest geographical area possible. I am therefore of the view that the boundary must now be modified in accordance with the notice attached to this letterLanguage usually used in Secretary of State determinations

Article 4 does not prohibit new HMOs within its area - it requires owners or landlords to apply for a Change of Use (Full Planning Application) for any property used by three or more unrelated people and two or more households who share basic amenities.

Introducing selective or additional licensing

The government lays out the issues arising that could justify a council's decision to introduce selective licensing.

We do not meet the threshold for selective licensing as we don't have 'a significant and persistent problem caused by anti-social behaviour'. There is no proven link between ASB and HMOs, so we cannot justify this.

We also don't meet the threshold for additional licensing where 'the local authority believes that a significant proportion of HMOs are poorly managed' - so it wouldn't be an appropriate scheme for North Northamptonshire.

Last updated 13 October 2025