New Article 4 Direction for HMOs

Published31st May 2024

A new Article 4 Direction for small Houses of Multiple Occupation (HMOs) came into effect on Saturday 1 June 2024.

Affected Wards

The Article 4 Direction does not cover the whole of the Borough.

The following wards are affected: Alexandra; Bixley; Bridge; Castle Hill; Gainsborough; Gipping; Holywells; Priory Heath; Rushmere; St John’s; St Margaret’s; Westgate. Please note in some cases, very small portions of wards are affected.

The embedded link provides the confirmed Article 4 Direction, a map following the affected areas and more detailed maps at higher resolution which can help you identify if the property you are interested in is covered by the Article 4 Direction. This is also available on our online mapping page under Development Constraints/ Article 4 Small HMOs.  

What this means?

From Saturday 1 June 2024 any new small HMOs (5 people or fewer) will require planning permission and will no longer be permitted development within the defined Article 4 Area.

A planning application will be assessed against the policies within the adopted Ipswich Local Plan. Policy DM20 ‘Houses in Multiple Occupation’ will be the most relevant policy for these applications and seeks to balance the requirements for potential new residents of the proposed HMO with the amenity of nearby residents.

Policy DM20 Houses in Multiple Occupation

Proposals for the development of Houses in Multiple Occupation (HMO), including through the

change of use of existing non-residential buildings, will be supported where they:

a) demonstrate that they meet the nationally required minimum room standards for HMOs;

b) would not adversely affect the amenity of nearby residents in terms of noise and disturbance or loss of privacy;

c) do not have an adverse impact on local employment uses – such as reducing the availability of office accommodation in strategically identified locations for office use;

d) would not adversely impact on the amenity of the local area through the overconcentration of HMOs, or cumulatively adding to an area already subject to an overconcentration;

e) provide an acceptable living environment for future occupants, including adequate outdoor amenity space, car parking (in accordance with the standards), secure and covered cycle parking and refuse storage; and

f) are well-served by local services and accessible by sustainable transport modes.

Proposals for HMOs will not be approved where they will result in an over-concentration of

HMOs. An over-concentration is defined as:

i. more than two HMOs side by side;

ii. the sandwiching of a single self-contained house or flat between two HMOs;

iii. more than two HMOs within a run of twenty properties on one side of the road; or

iv. more than one HMO in a road of fewer than twenty properties on one side of the

road.

What this doesn’t mean

This will not impact on any small HMOs already in existence, however, should you wish to ratify this position, you are open to submitting a lawful development certificate (existing use) application to Ipswich Borough Council via the Planning Portal. More information can be found here.

Please note that existing small HMOs are not covered by this Article 4 Direction (as dwellings used for HMO purposes of 5 residents or fewer before this direction became operative did not require planning permission under permitted development regulations). However, such properties where there are five or more residents have always and will continue to require appropriate licencing.

Any proposal to expand an existing small HMO would require planning permission.