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Derby City Council – Article 4

The Article 4 Direction

The Derby Article 4 Direction comes into effect on 3 May 2025 and applies to the whole of Arboretum Ward and those parts of Abbey, Alvaston North, Darley, Mackworth & New Zealand, Normanton and Sinfin & Osmaston that are within the Ring Road, as indicated on the attached plan. Essentially the inner city area.

If current projects/ work pursuant to a currently permitted small HiMO has not been brought into use as a HiMO (in full) before 3 May 2025, then it will need to apply for planning permission for that use. THAT IS THE KEY DATE. The transition period is now and it needs to be occupied as the HiMO before that key date. You might wish to apply now to get a permission in place before purchasing/commencing/continuing work, as advanced work could be undertaken at risk if occupation is likely to be post 3 May 2025.

I am advising that existing operational HiMOs that were developed under permitted development rights might seek/need to establish their use/ preserve their credentials by formally applying for a Certificate of Lawful use / development alongside all the relevant evidence to support such.

In terms of assessment of acceptability of a future Planning application we are looking at the following guidance. In the lead up to enaction of the Article 4 Direction we will be pulling together a more detailed guide:

The proposed policy suggests:

Where a proposal would create a new House in Multiple Occupation (HMO), regard will be had to any potential adverse impacts which may be caused by the proliferation of HMOs on the local environment, including exacerbation of parking problems. Where there is evidence that such proposals are likely to cause unacceptable harm to the local environment, including adverse impacts on the character or amenity of an area, proposals will be resisted.

In particular, proposals which would create new HMOs will only be permitted where the following criteria can also be met :

  • The proposal would not lead to the creation of three or more adjacent HMO properties.
  • The proposal would not lead to ‘sandwiching’ of a residential property between two HMO properties or a HMO and a non-residential property.
  • The proposal would not lead to more than 10% of the properties within a 50m radius of the development site being used as HMOs.

Where a new HMO is proposed which will include 15 or more individuals living in one dwelling, the Council will seek to secure Planning Obligations (in line with Policy XX) for financial contributions in order to mitigate for increased impacts on local facilities and meet increased infrastructure needs.

When submitting a planning application which involves the creation of a new HMO, applicants should provide their own assessment of how their proposals meet the requirements of this policy.

The Article 4 Direction

The Derby Article 4 Direction comes into effect on 3 May 2025 and applies to the whole of Arboretum Ward and those parts of Abbey, Alvaston North, Darley, Mackworth & New Zealand, Normanton and Sinfin & Osmaston that are within the Ring Road, as indicated on the attached plan. Essentially the inner city area.

If current projects/ work pursuant to a currently permitted small HiMO has not been brought into use as a HiMO (in full) before 3 May 2025, then it will need to apply for planning permission for that use. THAT IS THE KEY DATE. The transition period is now and it needs to be occupied as the HiMO before that key date. You might wish to apply now to get a permission in place before purchasing/commencing/continuing work, as advanced work could be undertaken at risk if occupation is likely to be post 3 May 2025.

I am advising that existing operational HiMOs that were developed under permitted development rights might seek/need to establish their use/ preserve their credentials by formally applying for a Certificate of Lawful use / development alongside all the relevant evidence to support such.

In terms of assessment of acceptability of a future Planning application we are looking at the following guidance. In the lead up to enaction of the Article 4 Direction we will be pulling together a more detailed guide:

The proposed policy suggests:

Where a proposal would create a new House in Multiple Occupation (HMO), regard will be had to any potential adverse impacts which may be caused by the proliferation of HMOs on the local environment, including exacerbation of parking problems. Where there is evidence that such proposals are likely to cause unacceptable harm to the local environment, including adverse impacts on the character or amenity of an area, proposals will be resisted.

In particular, proposals which would create new HMOs will only be permitted where the following criteria can also be met :

  • The proposal would not lead to the creation of three or more adjacent HMO properties.
  • The proposal would not lead to ‘sandwiching’ of a residential property between two HMO properties or a HMO and a non-residential property.
  • The proposal would not lead to more than 10% of the properties within a 50m radius of the development site being used as HMOs.

Where a new HMO is proposed which will include 15 or more individuals living in one dwelling, the Council will seek to secure Planning Obligations (in line with Policy XX) for financial contributions in order to mitigate for increased impacts on local facilities and meet increased infrastructure needs.

When submitting a planning application which involves the creation of a new HMO, applicants should provide their own assessment of how their proposals meet the requirements of this policy.

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