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Selling Or Changing Your HMO? Better Be Quick

Applecore

Carianne Wells of Applecore PMD, has 2 observations relevant to landlords who may be considering selling their HMOs in the future or developing or enlarging them.  She says, "As the Local Plan moves towards implementation, which is looking at potentially being towards the latter part of next year. It could be sooner, but knowing planning,  nothing moves very quickly. I wanted to make you aware of the 2 biggest changes that I foresee with HMO Conversions"

Carianne's View

Today, you can enlarge an existing C4 HMO and whilst PCC fight to resist it, as long as the rules are followed they rarely have valid grounds to stop you from doing so. When the new Local Plan is adopted, policy H3 will apply the 10% density test for a change of use from C4 HMO to Sui Generis HMO, PCC have tried this before however they have been a bit more robust in their reasoning, rather than the blanket, "we will seek to refuse" any increases to existing HMOs previously included in the HMO supplementary planning document. That coupled with the fact that the Local Plan carries more weight than the supplementary documents, makes me think they have a higher chance of winning this at appeal this time around. We won't know for sure until we get refusals on this basis, that are then tested at appeal.

Policy H3: Houses in Multiple Occupation In order to support mixed and balanced communities and ensure that a range of household needs continue to be accommodated within the city, including development to increase the occupancy of an existing HMO, planning applications for new HMOs and changes of use to a HMO, will only be granted planning permission where:

• Less than 10% of residential properties within a 50m radius of the area surrounding the application property are in existing use as a HMO;

• Development avoids harm to the amenity of residents; and

• Developments takes account of the HMO Supplementary Planning Guidance. Policy Monitoring Policy Aim Key Indicator Supporting mixed and balanced communities Changes in the concentration of HMOs in the city Protecting amenity and quality of life for HMO occupiers and their local community Proportion of proposal for HMOs meeting the amenity standards set out in the HMO SPD

The next change of policy will be looking at sufficient communal outdoor amenity. No explanation of "sufficient" so I suspect this will be all down to officer opinion, but I wanted to share so you can consider this when looking at potential properties also.

Policy H6: Residential Space Standards Where planning permission is required, development proposals for new homes (including change of use or conversions) should ensure that the layout and size are suitable to meet the amenity needs of future occupiers. Planning permission will be granted for new homes that:

• Meet as a minimum the nationally described space standards (or future equivalent).

• Provide sufficient private and/or communal outdoor amenity space / balcony space proportionate to the number of bedrooms. Where 33 MHCLG (2019) Index of Multiple Deprivation Portsmouth Local Plan 'Regulation 18' consultation draft 59 development is in close proximity to public open space, reduced provision may be acceptable.

• Provide sufficient storage space for refuse and recycling

• Provide sufficient levels of weatherproof and secure bicycle parking (in accordance with levels set out in the council's parking standards SPD) Policy Monitoring Policy Aim Key Indicator Increasing the number of Portsmouth's residents living in decent sized homes. Proportion of new dwellings meeting nationally prescribed space standards. Ensuring new development provides sufficient space for daily activities and need. Proportion of new dwellings providing sufficient refuse, recycling and bicycle parking facilities

The main points being, if you have any existing C4 properties which you are looking to increase at any point, you may want to consider sooner rather than later and if you were considering selling a smaller HMO for development, it may be more appealing to developers before these new rules come in.

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