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Northern Ireland
The Northern Ireland Region of the National HMO Lobby includes
community groups in Belfast and Coleraine. The Northern Ireland
Co-ordinator is David Farrell of Belfast Holyland Regeneration Association.
Developments in Northern Ireland
# 2003 Statutory Instrument 2003 412, Housing
(Northern Ireland) Order 2003
# June 2003, University of Ulster Town
& Gown: Students Living in Local Communities conference,
Jordanstown & Coleraine, Ulster
# May 2004, Northern Ireland Housing Executive The
Statutory Registration Scheme for Houses in Multiple Occupation
in Northern Ireland
# 23 November 2004, Belfast
Incident
# November 2004, Statutory Rule 2004 458, The
Planning (Use Classes) Order (Northern Ireland) 2004 [see
below]
# 2004, Planning Service (NI) Belfast
Metropolitan Area Plan (BMAP) [see below]
# 14 March 2005, High Court of Justice in Northern Ireland, Judgement
on Registration Scheme for HMOs
# August 2005, Planning Service (NI) HMO
Subject Plan for Belfast: Issues Paper [see below]
# 3 April 2006, Planning Service (NI) Coleraine
Borough HMO Subject Plan 2016: Issues paper
# 2006, Planning Service (NI) Houses
in Multiple Occupation (HMOs): Subject Plan for Belfast City Council
Area 2015 Draft Plan 2006
Use Classes Order
From: National HMO Lobby
To: Wilfrid.Reavie@doeni.gov.uk
Date: 14 January 2004
Dear Mr Reavie
I write to you regarding the consultation paper Modernising
Planning Processes on the Review of the Use Classes Order,
on behalf of the National HMO Lobby. The Lobby is a network of community
groups in some twenty university and coastal towns in all the countries
of the UK (including groups in Northern Ireland) who are concerned
about the impact on their communities of concentrations of HMOs.
I am writing specifically about section 4.2 only of the Response
Form, and hope that this letter will be acceptable. (I am emailing
you to catch the deadline, but I will also forward a hard copy.)
4.2 HMOs asks: Do you agree that houses in
multiple occupation should remain in Class 14 which also contains
dwellinghouses? My answer is No. I have four
main comments to make in support.
# First of all, there is a problem of definition. As defined (in
Annex 2) Class 14 would seem to exclude HMOs, which by virtue of
their composition are neither (a) a family nor (b) a single
household. There is clearly a distinction to be drawn between
single and multiple household occupation. There are certainly difficulties
in doing so, but housing legislation in Scotland, England and Wales
is now making the distinction. The UCO should be clear and explicit,
and Class 14 should clearly include or exclude
HMOs.
# In fact, use as HMO is very different from use as a dwellinghouse
by a family or single household, more different in fact than Classes
12 (guest houses & hostels) and 13 (care homes) and Hotels (sui
generis).
Occupancy is high density, much higher than family
houses, and generally higher than homes/hostels/hotels.
Occupants are from a narrow age range (young adults),
unlike the wide age range normal in family houses and homes/hostels/hotels;
their lifestyle generates high levels of noise, traffic and waste.
Government within HMOs is absent (this is the implication
of multiple households), whereas houses and homes/hostels/hotels
have a family or management structure.
Occupation is short-term (especially in the case
of students of course), while families are long-term residents and
homes/hostels/hotels have long-term managers; this leads to a very
different level of commitment to the property and the neighbourhood.
# In consequence of this different usage, HMOs have a disproportionate
impact on their host community, especially in concentration. This
impact is twofold.
- First, due to their occupants and (lack of) government, they
generate social problems. These include antisocial behaviour (and
they attract crime, especially burglary), detriment to the environment
(poor upkeep, cleansing problems), and especially in concentration,
disruption of the local economy ('studentification' leads to a 'resort
economy'), as noted in para 6.8.
- On the other hand, due to short-term occupation, HMOs undermine
the social capital of a community, the self-policing on which local
authorities rely, and which normally prevents the development of
social problems.
'Disturbance' is a major concern, as noted in para 6.9, but it
is in fact an effect of a more fundamental problem, the loss of
a sustainable community.
# Finally, contrary to the aspirations stated in 6.9 (and 4.11
of Annex 1), non-planning legislation is inadequate to the problem.
Antisocial behaviour or disturbance arising from an isolated HMO
may be dealt with by registration or licensing. But the real problems,
the collapse of community, arise from concentrations (and in the
nature of the demand for HMOs, especially by students, these almost
inevitably develop). Registration/licensing has no purchase on numbers.
What is needed is planning control of change of use from
family home (or other usage) to HMO. In fact, the balance of land
usage in any area is properly a planning issue. In practice and
in principle, therefore, planning control is necessary to manage
concentrations of HMOs. Certainly, this is the view of the Minister
for Housing & Planning at Westminster (in evidence to the ODPM
Select Committee, 8 July 203).
On behalf of the National HMO Lobby, I urge the Planning Service
to follow the recommendation of the Minister, Keith Hill, that "this
[large student populations] is better dealt with by a planning policy
and a planning approach than an approach through the licensing of
houses in multiple occupation." Accordingly, HMOs should be
removed from Class 14 of the Use Classes Order.
Yours sincerely, Dr Richard Tyler, on behalf of the National HMO
Lobby
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Belfast Metropolitan Area Plan
From: National HMO Lobby
To: belfast.ma.plan@doeni.gov.uk
Date: 19 January 2005
Dear Mr McKeever
I write on behalf of the National HMO Lobby, regarding the draft
Belfast Metropolitan Area Plan. On behalf of the members of the
Lobby in Belfast, I wish to register an objection
to Policy HOU 6 Conversion of Buildings for Multiple Occupation
of the Plan. I should be much obliged if you would acknowledge receipt
of this representation [none received].
The National HMO Lobby is an association of over two-dozen community
groups in twenty towns in all parts of the UK, who are concerned
to ameliorate the impact of concentrations of HMOs (houses in multiple
occupation) on their communities. Details of the composition and
constitution of the Lobby are available at <http://healheadingley.org.uk/hmolobby/natmembers.htm>.
Though the Lobby is a national association, we take the liberty
of contributing to the consultation on BMAP for three reasons -
# Nationally and generally, HMOs are recognised as problematic,
especially in concentration (witness HMO Licensing in the new Housing
Act for England & Wales). Experience, information and initiatives
on this issue are being shared by community groups, by local authorities,
and now by national government - DfES and ODPM (with LGA and UUK)
have established a Student Housing Project to research problems
and best practice in student HMOs nationwide.
# Regionally, Northern Ireland has been more adventurous in its
legislative approach to HMOs, especially the Statutory Registration
Scheme for HMOs in NI (May 2004) and the new Planning (Use Classes)
Order (NI) 2004. The implications and use of this legislation are
of national interest.
# Locally and specifically, the Belfast Incident of 23 November
2004 has drawn national attention to the potential outcome of uncontrolled
development of concentrations of HMOs. Again therefore the local
response is of national interest.
The Lobby regrets that Policy HOU 6 appears to make no attempt
to respond to these concerns nor to take advantage of the new powers
available. Nor indeed does it recognise the implications of HMOs
for many policies cited in the Housing Chapter of BMAP. The Regional
Policy Context draws attention to the need to 'achieve more sustainable
patterns of residential development' (SPG-HOU 2) and to 'encourage
the development of balanced local communities' (SPG-HOU 6). PPS
12 Housing in Settlements also identifies 'achieving balanced communities'
as a key objective. Not surprisingly therefore one of the aims of
the BMA Housing Strategy is to 'create the development of balanced
local communities.'
Any balanced, sustainable community must achieve a mix of housing
tenures, and not allow one sector to dominate - especially the private
rented sector. The reason for this is that, while owner-occupation
tends to stability, the PRS is characterised by new households,
short tenancies and rapid turnover. These characteristics are inherently
detrimental to sustainability.
HMOs represent the characteristics of the PRS at their most extreme,
especially where they develop in concentration. Hence, in Scotland,
general restraints on HMOs have been adopted - both Glasgow and
Fife have planning policies restricting HMOs to no more than 5%
of houses in any street. In England, focused areas of restraint
are under development - Leeds and Nottingham are introducing such
areas, and Durham and Loughborough (at least) are considering their
use. Meanwhile, Northern Ireland itself has introduced the HMO Registration
Scheme to address areas of HMO concentration.
HMOs raise problems for tenants and neighbours - these are the
concern of housing authorities. But in concentration, they also
raise problems for whole neighbourhoods - this is the concern of
the planning authority. But Policy HOU 6 is entirely ineffective
in addressing these issues. The reference to 'no adverse impact
on the amenity of neighbouring properties' indicates an awareness
of the issue. But this appears to refer only to individual approvals,
and not to the cumulative impact of HMOs on an area. Further, no
criteria are given for assessing 'adverse impact.'
The National HMO Lobby therefore exhorts BMAP to take advantage
of the powers available in the Use Classes Order and the Registration
Scheme to manage the impact of HMOs on neighbourhoods. The Lobby
recommends that BMAP adopt an additional housing policy as follows.
Policy HOU 6A Development of Housing in Multiple Occupation
In addition to the criteria specified in Policy HOU 6, planning
permission for new or converted HMOs will be granted only
# within the Fitzroy, Eglantine and Waterworks 1 HMO Action
Areas (as designated in the HMO Registration Scheme), where HMOs
do not exceed a threshold of 20% of residential properties in each
street, and
# throughout the remainder of the Metropolitan Area, where HMOs
do not exceed a threshold of 5% of residential properties in any
street.
The NIHE has undertaken to involve the Planning Service in
establishing criteria for the application of Special Control Provisions
on HMOs (Registration Scheme, Section 10.7, and Explanatory Note
6). Accordingly, BMAP proposes that where HMOs exceed the thresholds
specified in HOU 6A, the following policy is adopted -
# all existing HMOs which qualify (in accordance with Section
4 of the Scheme) will be registered;
# no new HMOs will be registered (as provided by Section 10.7 of
the Scheme);
# no registrations will be renewed (under Section 5) where the number
of HMOs exceeds the threshold.
The National HMO Lobby trusts that BMAP will give due consideration
to our objection and proposals.
Yours sincerely, Dr Richard Tyler, National Co-ordinator, National
HMO Lobby
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HMO Subject Plan for Belfast
From: National HMO Lobby
To: belfast.ma.plan@doeni.gov.uk
Date: 20 September 2005
I write on behalf of the National HMO Lobby, regarding the Issues
Paper on the HMO Subject Plan for Belfast.
Though the Lobby is a national association, we take the liberty
of contributing to the consultation on the HMO Subject Plan for
three reasons -
# Nationally and generally, HMOs are recognised as problematic,
especially in concentration (witness HMO Licensing in the new Housing
Act for England & Wales). Experience, information and initiatives
on this issue are being shared by community groups, by local authorities,
and now by national government - DfES and ODPM (with LGA and UUK)
have established a Student Housing Project to research problems
and best practice in student HMOs nationwide (due for publication
soon).
# Regionally, Northern Ireland has been more adventurous in its
legislative approach to HMOs, especially the Statutory Registration
Scheme for HMOs in NI (May 2004) and the Planning (Use Classes)
Order (NI) 2004. The implications and use of this legislation are
of national interest.
# Locally and specifically, the Belfast Holyland Regeneration Association
(a member of the Lobby) has asked us to contribute a national perspective.
(The Association of course will be making its own response.)
Accordingly, I attach a paper
which makes thirty-three observations on the Issues Paper.
The National HMO Lobby is an association of three-dozen community
groups in two-dozen towns in all parts of the UK, who are concerned
to ameliorate the impact of concentrations of HMOs (houses in multiple
occupation) on their communities. Details of the composition and
constitution of the Lobby are available at <http://healheadingley.org.uk/hmolobby/natmembers.htm>.
Yours sincerely, Dr Richard Tyler, National Co-ordinator, National
HMO Lobby
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National HMO Lobby
email: hmolobby@hotmail.com
website: www.hmolobby.org.uk
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