Making the Article 4 Direction

The following steps were involved in the Article 4 Direction.

Step 1 – CC ‘made’ the A4D.

Step 2 – the making of the A4D was advertised through a newspaper advert and by display of notices throughout the area affected by the A4D for a period of not less than six weeks.

The notice —

  • Described the A4D and the area it relates to
  • Said where a copy of the A4D could be inspected
  • Gave a period of at least 21 days, stating the date on which that period began, for representations to be made to the Local Planning Authority and
  • Gave the date on which the A4D will come into force, which must be at least 28 days but no longer than 2 years after the date given above.

Step 3 – A copy of the A4D and the notice was be sent to the Secretary of State on the same day that notice of the A4D was first published.

Step 4 –  The local planning authority (Cornwall Council) took into account any representations  received and decided to confirm the Direction on 16th June 2016.

Step 5 – After the Direction was confirmed the local planning authority gave notice of the confirmation and the date on which the Direction will come into force; and sent a copy of the Direction as confirmed to the Secretary of State.

The Article 4 Direction was made and advertised in  May 2016. It was confirmed on 16th June 2016, and will come into full effect on 16 June 2017.

More details can be found on Cornwall Council’s website here: CC Website on A4D

 

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4 thoughts on “Making the Article 4 Direction”

  1. As a local resident and someone who works in lettings within Falmouth, I have a couple of questions which I asked at the drop in on the Moor but didn’t get answers to and they will affect some of our landlords, as follows:

    1) How will Article 4 affect properties that historically are holiday let or owner occupied through the summer and then student let 10 months of the year?

    2) How will Article 4 affect a property that has a HMO licence but is used for holiday let / owner occupied during the summer months but student let for 10 months.

    3) How long can a property with existing HMO use be left empty for renovation works etc before reverting if at all to C3 use.

    4) The control of HMO’s using Article 4 will affect available accommodation for non-students and local companies that rent small HMO’s. There are a number of local companies that rent small HMO to house their workers and also groups of professional workers that rent a house together as a way of affording local housing or saving fro deposits etc. The restriction could have an effect on local businesses and could lead to an increase in ‘sofa surfing’ and in some extreme cases rough sleeping. How will the planning policy meet the needs of these groups of people?

    Many thanks

    1. Hi, and thank you for your enquiries. These are questions that need a response from Cornwall Council so I have asked that Council’s Community Liaison Officer to investigate and respond. I will post the reply as soon as it is available.

      1. The following response has been provided by Cornwall Council:
        1) How will Article 4 affect properties that historically are holiday let or owner occupied through the summer and then student let 10 months of the year?

        2) How will Article 4 affect a property that has a HMO licence but is used for holiday let / owner occupied during the summer months but student let for 10 months.

        The Article 4 only affects new uses, existing premises can apply for a certificate of lawful use if they wish to have proof of their existing use
        http://www.cornwall.gov.uk/environment-and-planning/planning/planning-advice-and-guidance/lawful-development-certificates/

        3) How long can a property with existing HMO use be left empty for renovation works etc before reverting if at all to C3 use.

        Professional planning advice should be sought for any premises in this situation to establish the lawful use of the premises and to avoid the loss of that lawful use.

        4) The control of HMO’s using Article 4 will affect available accommodation for non-students and local companies that rent small HMO’s. There are a number of local companies that rent small HMO to house their workers and also groups of professional workers that rent a house together as a way of affording local housing or saving fro deposits etc. The restriction could have an effect on local businesses and could lead to an increase in ‘sofa surfing’ and in some extreme cases rough sleeping. How will the planning policy meet the needs of these groups of people?

        The policy does not apply retrospectively . The local plan seeks to provide alternative student accommodation thereby freeing up existing HMOs to meet the needs of the wider population.

        5) Are the local residents/homeowners aware of the likely impact Article 4 may have on residential house prices, especially in heavily populated student areas. Some Article 4 cities have reported a 20% decrease in residential property prices.

        Because there are a range of factors affecting property prices it is impossible to make specific comments on property values. Arguments have also been made about an uplift in values as a consequence of a direction.

        6) How long can a property be empty i.e: for refurbishment where existing established HMO use already exists before it would not count as a C4.

        The question relates to whether the existing use is abandoned or not (similar to the question asked above) expert advice should be sought to ensure the existing use is recorded protect any existing use rights. However a properties use isn’t usually abandoned when it undergoes a short period of building works.

        7) How will the Council/Town monitor unlicensed/smaller HMO’s?

        Any new HMOs reported to the Council will be investigated by the enforcement team
        https://www.cornwall.gov.uk/environment-and-planning/planning/enforcement/report-a-breach-of-planning-control/

    2. I have received the following response from Cornwall Council:
      1) How will Article 4 affect properties that historically are holiday let or owner occupied through the summer and then student let 10 months of the year?

      2) How will Article 4 affect a property that has a HMO licence but is used for holiday let / owner occupied during the summer months but student let for 10 months.

      The Article 4 only affects new uses, existing premises can apply for a certificate of lawful use if they wish to have proof of their existing use
      http://www.cornwall.gov.uk/environment-and-planning/planning/planning-advice-and-guidance/lawful-development-certificates/

      3) How long can a property with existing HMO use be left empty for renovation works etc before reverting if at all to C3 use.

      Professional planning advice should be sought for any premises in this situation to establish the lawful use of the premises and to avoid the loss of that lawful use.

      4) The control of HMO’s using Article 4 will affect available accommodation for non-students and local companies that rent small HMO’s. There are a number of local companies that rent small HMO to house their workers and also groups of professional workers that rent a house together as a way of affording local housing or saving fro deposits etc. The restriction could have an effect on local businesses and could lead to an increase in ‘sofa surfing’ and in some extreme cases rough sleeping. How will the planning policy meet the needs of these groups of people?

      The policy does not apply retrospectively . The local plan seeks to provide alternative student accommodation thereby freeing up existing HMOs to meet the needs of the wider population.

      5) Are the local residents/homeowners aware of the likely impact Article 4 may have on residential house prices, especially in heavily populated student areas. Some Article 4 cities have reported a 20% decrease in residential property prices.

      Because there are a range of factors affecting property prices it is impossible to make specific comments on property values. Arguments have also been made about an uplift in values as a consequence of a direction.

      6) How long can a property be empty i.e: for refurbishment where existing established HMO use already exists before it would not count as a C4.

      The question relates to whether the existing use is abandoned or not (similar to the question asked above) expert advice should be sought to ensure the existing use is recorded protect any existing use rights. However a properties use isn’t usually abandoned when it undergoes a short period of building works.

      7) How will the Council/Town monitor unlicensed/smaller HMO’s?

      Any new HMOs reported to the Council will be investigated by the enforcement team
      https://www.cornwall.gov.uk/environment-and-planning/planning/enforcement/report-a-breach-of-planning-control/

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