Legal Challenge to the Statutory Instruments Changing the Planning Rules Concerning Houses in Multiple Occupation Fails

摘要

Readers of this journal will be all too aware of the recent twists and turns regarding the planning rules applying to houses in multiple occupation ("HMOs"). Under the Labour Government (in what turned out to be its final days) changes had been made to the Use Classes Order so that houses in multiple occupation became a separate class (class 4) rather than a sui generis use. The purpose was to give powers to local planning authorities to control changes from single dwelling house use to an HMO use, by either refusing planning permission or by the imposition of planning conditions because of the potential amenity and environmental problems that can arise from HMOs. A change from HMO to a single dwelling house use was not seen as problematic and so a change of use of an HMO to a dwelling house (i.e. class C4 to C3) was made permitted development. These changes came into force on April 6, 2010.