Potential Constraints

With any development including HMO’s there are always potential planning constraints which are often hidden and can make even the simplest of projects very complex or even impossible.

When creating an HMO, first you must meet the necessary design criteria, whether for permitted development or the relevant planning policies. If you are aiming to comply permitted development rights and you miss even one of the criteria no matter how small the margin then planning permission will be required. Equally if planning permission is required and your project does not meet the necessary planning policies then it would be rejected.

In addition to this, there are many hidden constraints such as article 4 direction, section 106, conservation areas and even just living under a flight path can remove your permitted development rights, meaning everything needs full planning approval. This can literally mean there could be two houses in the same town doing the exact same HMO and one could be built under permitted development while the other needs full planning permission.

In addition, specialist reports may also need to be submitted with all the usual supporting evidence and drawings. Examples of these include heritage statements, flood risk assessments, transport surveys, wildlife reports and many others.

If the building is listed in addition to securing planning approval you will also require listed building consent and building regulations approval before work can commence. Carrying out any works on a listed building without the necessary approvals is a criminal offence.

If there are any constraints that limit or remove permitted development rights or even one of these criteria is not met, then you are required to submit an application for planning permission.

If you would like to find out what is required for your HMO, the likelihood of success or the costs associated with applying for planning permission please contact us to speak with one of our expert planning consultants today.

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