Local Plan Main Modifications Consultation

Closes 24 Apr 2026

Policy 16: Houses in Multiple Occupation

Main Modification Reference MM-24

Local Plan page number Policy or paragraph Local Plan Proposed Change Justification

90

Policy 16: Supporting text

Houses of Multiple Occupation (HMOs) are defined as having a shared toilet, bathroom or kitchen that is the main residence of three or more occupiers who form a household. HMOs can and do help to meet the housing need within the Borough by providing diverse and affordable properties. However, they can tend to be grouped together as certain property types are more suitable for conversion than others. [added]

This can lead to clustering and HMOs becoming the dominant type of accommodation within an area. [added] It is possible for single dwelling units to be converted into an HMO of between 3 and 6 household units without planning permission. [removed]

In November 2025 South Tyneside Council took the decision to make an immediate Article 4 Direction to remove permitted development rights across the Borough (excluding the Lawe Top area of South Shields) for the change of use from dwelling houses (Class C3) to small HMOs (Class C4). An Article 4 Direction is a direction under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) which enables the local planning authority to withdraw specified permitted development rights across a defined area. [added]

The Direction was made in response to an increase in the number of Use Class C3 dwellings being converted into small Class C4 HMOs and where such changes of use are taking place using national permitted development rights. [added]

In South Shields Town Centre, an Article 4 Direction has been in place since 2014 (Lawe Top Article 4 Direction Area).  The effect of both Article 4 Directions is to require the owner of any residential properties in South Tyneside to apply for planning permission, should they want to convert a residential property into a ‘small HMO’. [added]

The Houses of Multiple Occupancy Topic Paper (2023) sets out the distribution and local impacts of HMO’s in South Tyneside. [removed]

HMOs can and do help to meet the housing need within the borough by providing diverse and affordable properties. However, they can tend to be grouped together as certain property types are more suitable for conversion than others. [removed]

This can lead to clustering and HMOs becoming the dominant type of accommodation within an area. [removed]

In South Tyneside, HMOs are typically clustered around areas of old, larger housing that can often be easily converted into multiple units. Government has recognised that high clusters of HMOs in an area can lead to:

  • Increased anti-social behaviour, noise, nuisance, and crime
  • Imbalanced and unsustainable communities
  • Negative impacts on the physical environment
  • Parking pressures
  • Pressure on community facilities.

Therefore, when assessing applications for HMOs, consideration will be given to the impact on the amenity of the area, the impact of additional traffic generation and the existence of other HMOs.

When considering whether there is an over concentration of HMO properties within the locality, the Council will consider each proposal on its individual merits, taking into account the numbers and concentration of existing HMOs and the character of the area.

To reduce the immediate impact of HMO’s on residential properties in Use Class C3, [added] and to assist in reducing over [removed] managing [added] concentrations of HMOs [added] in a localised area, planning [added] permission for new HMOs [added] will not be approved where it would lead to a residential property being directly ‘sandwiched’ between two HMO’s.

An article 4 direction is a direction under article 4 of the General Permitted Development Order which enables the local planning authority to withdraw specified permitted development rights across a defined area. In South Shields Town Centre (Lawe Top Article 4 Direction Area) we require the owner of a residential properties to apply for planning permission, should they want to convert a residential property into a ‘small HMO’. [removed]

Where an application for a new HMO falls within the Lawe Top Article 4 Area (Inset Map 21), permission will only be granted where the number of HMO’s, within 100m from the application site is below 10% of the total number of properties.

In assessing planning applications for new HMOs, a 100-metre circle radius will be drawn from the address point (middle of the property). The percentage calculation will count residential properties whose address point falls within the circle. Dwelling houses and HMOs that are located within blocks of flats or subdivided properties are counted as one property. Residential institutions, care homes, hostels and purpose- built student accommodation and other specialist housing are also counted as one property per block. This will ensure that calculations of HMO concentration are not skewed.

The application of this [removed] these [added] criteria will contribute to the management of over [removed] the [added] concentration of HMOs in this area.

Justified

Effective

 

What to consider when making a representation

What are the tests of soundness and legal compliance?  

The purpose of the examination is to consider whether the local plan complies with relevant legal requirements for producing local plans, including the duty to cooperate, and meets the national tests of ‘soundness’ for local plans set out in the National Planning Policy Framework (NPPF).

Therefore, representations submitted at this stage must only be made on these grounds and, where relevant, be supported with evidence to demonstrate why these tests have not been met.

Legal compliance

To be legally compliant the plan has to be prepared in accordance with the duty to cooperate and legal and procedural requirements, including the 2011 Localism Act and Town and County Planning (Local Planning) (England) Regulations 2012 (as amended).

Soundness

The inspector conducting the examination in public has to be satisfied that the local plan is ‘sound’; namely that it is:

• Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.

• Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence.

• Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities, and

• Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.

111. Does this modification make the Plan legally compliant?
112. Does this modification make the Plan sound?
113. If you think it is not sound tell us which test(s) it fails.
114. Please provide a justification for your responses. If you need to submit material in PDF format then please email this to local.plan@southtyneside.gov.uk making sure your name is clearly stated.
115. What appropriate change is needed? If you think the wording should be different set out the precise change you want the Inspector to recommend.