Conservation Areas in Hyndburn
Article 4 Directions and Heritage
Under the provisions of the Town and Country Planning (General Permitted Development) Order 2015, local planning authorities can use Article 4 directions to remove certain permitted development rights.
The council is currently consulting on an article 4 direction to remove permitted development rights to move from C3 (residential dwelling) to C4 (Houses in multiple occupation).
This consultation is now closed.
Background to the Proposal
In recent years, the Council has witnessed a steady increase in the number of houses in multiple occupation in Hyndburn. Without an Article 4 Direction to enable the Council to direct and manage the provision and distribution of HMOs, they are currently not regulated or managed effectively. It is acknowledged that HMOs can be an important source of low-cost private sector housing for those on low incomes, students, and people seeking temporary accommodation, etc. However, a high level of concentration of HMOs can result in the reduction of family dwellings, adverse impact on the amenity of the existing communities, and make places less attractive or enjoyable to live in due to waste management, parking issues, and noise concerns.
Overview of the Article 4 Direction on HMOs
The Council’s research on HMOs indicates that those wards with high concentrations of HMOs have demonstrated the presence of some social and economic issues, which could tilt the balance of local communities, leading to marginalization of local families, and driving up crime, anti-social behaviour, and deprivation. We are therefore proposing to apply more control over Houses in Multiple Occupation (HMOs) within nine wards through an Article 4 Direction.
An Article 4 Direction is a planning tool used by local authorities to restrict certain permitted development rights – in this case the permitted development rights for change of use of a building from a use falling within Class C3 (dwellinghouses) of the Town & Country Planning (Use Classes) Order 1987 (as amended) to a use falling within Class C4 (houses in multiple occupation) of that Order. Planning permission will therefore be required for change of use from Class C3 to Class C4 once the Direction is in force. If the direction is approved, it would come into force on 15 March 2026.
Implementation of Article 4 Direction
From 15 March 2026, planning permission will be required for the development of an HMO through change of use of an existing dwellinghouse, in the following wards of the Borough:
- Barnfield; Central; Church; Clayton-le-Moors; Peel; Netherton; Rishton; Spring Hill; St Andrew’s.
The Article 4 Direction would remove the permitted development right for creating HMOs through the change of use of a dwellinghouse in the nine wards listed above (under the provision of Class L, Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015).
Removing the potential for uncontrolled expansion of HMOs within those wards through the Article 4 Direction could bring positive changes to the local communities, by preventing the deterioration of local amenity, and further intensification of social and economic issues associated with the concentration of HMOs. It would also allow the Council to be in a better position to manage the delivery and distribution of HMOs, and support the Council’s objectives for economy, people, children and communities:
- The delivery of good quality housing
- Increase living standards
- Continue economic growth
- Provide a mixed range of homes in the Borough to promote an inclusive community
Have your say
The Council is now inviting representations on the non-immediate Article 4 Direction proposal between Friday 21 March and Friday 2 May 2025. Any person wishing to make written representations concerning the Direction must submit these during the representation period by either email or post.
Email: planningpolicy@hyndburnbc.gov.uk
Post: Planning Policy Team, Hyndburn Borough Council, Scaitcliffe House, Ormerod Street, Accrington BB5 0PF