DESPITE opposition from local councillors and neighbours, Warrington planners have approved permitted development rights for a House in Multiple Occupation (HMO) at Burtonwood.
But it came with the proviso that the Certificate of Lawful Use or Development can no longer be relied upon if the change of use described has not occurred by 25 September 2026, due to forthcoming changes in planning regulations.
The applicant has also been told they will also require an HMO licence to operate an HMO with 5 or more people.
The application involves an end terraced property on Penny Lane, Burtonwood, involving a Change of Use of Class C3 Dwelling House to Class C4, 5-bedroom (up to 6 residents) House in Multiple Occupation.
The proposal was an application for a lawful development certificate under section 192 of the Town and Country Planning Act 1990. The proposed development is the change of use of the application site from the existing residential use as a single household dwelling house under Class C3 of the Town and Country Planning Use Classes Order 1987 (as amended) to a House in Multiple Occupation (HMO).
It should be noted that the Council has made an Article 4 Direction relating to the change of use of a building from a use falling within Class C3 (dwellinghouses) of Part 3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) to a use falling within Class C4 (house in multiple occupation) of Part 3 of that Schedule and removes permitted development rights for this type of development. The Article 4 Direction applies to the Central Six Wards of the Borough, consisting of Orford, Poplars and Hulme, Fairfield and Howley, Latchford East, Latchford West and Bewsey and Whitecross.
The Direction shall come into force, if confirmed, on the 25th of September 2026. From that date onwards, the change of use of a dwellinghouse (C3) to a house in multiple occupation (C4) shall not be carried out unless planning permission is first granted for this change of use.
Cllr Kevin Burgess and Cllr Stuart Mann objected to the application. There were also six objections from residents.
In summary, the following points were made :
The house is not suitable for an HMO.
There is a lack of parking in the area.
There are too many HMOs and traveller sites in the Collins Green area.
Penny Lane is an established residential area with a strong family character.
HMO at this location risks increasing noise levels and general disturbance, which would be harmful to the amenity of neighbouring residents.
The continued approval of further HMOs is creating a clear overconcentration within the village, which is having a detrimental impact on the character and balance of the local community.
HMOs place undue pressure on local infrastructure and services. Lack of parking provision.
Cllr Mann said that while the proposed plans appear intended to show a 5-bedroom layout, there is an evident inconsistency in the room numbering, with the bedrooms not labelled sequentially.
The submission did not appear to provide any robust supporting evidence confirming that permitted development rights apply in full at this site, including whether there are any planning conditions.
The proposal represented a significant intensification from the property’s current use as a single dwelling to a 5-bedroom House in Multiple Occupation.
But planners approved the application under delegated powers, saying the proposed change of use to provide a small HMO would comply with the criteria of permitted development as defined under Schedule 2, Part 3, Class L.
