Milton Keynes leads JR action over relaxation of HMO rules

A group of local authorities led by Milton Keynes Council has launched judicial review proceedings over government plans to relax planning laws on houses in multiple occupation.

Last month housing minister Grant Shapps laid regulations setting out the government’s approach to dealing with HMOs. The changes meant people could automatically convert a house into an HMO without planning permission.

Cllr Mike Galloway, cabinet member for environment (including planning) at Milton Keynes, said the government’s proposals would see the loss of a very important tool to regulate how and where HMOs spring up.

He added: “This matter was discussed at length at our most recent full Council meeting where members spoke out passionately at length against the proposals – and the decision to fight was agreed unanimously by MKC councillors.”

Milton Keynes is also looking for a strengthening of powers using Article 4 directions, “which would allow a council to withdraw the automatic planning permission, and require planning applications which could be regulated by conditions – as is currently the case”.

The council wants an extension of Article 4 powers across the whole city, and removal of the right for would-be HMO landlords to claim compensation for potential loss of earnings.

The judicial review application is being made on the grounds of inadequate consultation. Oxford City Council is among the authorities to have joined Milton Keynes.

It is understood that the request for JR was adjourned, with the government required to enter a defence today (8 October). The regulations came into force on 1 October.

The Housing Minister claimed at the time that the change would see up to 8,500 planning applications taken out of the system.

Insisting that the changes were intended to give councils greater flexibility, Shapps said: “Where there are local issues with shared homes, councils will have all the tools they need to deal with the problem – but they will avoid getting bogged down in pointless applications, and landlords won't be put off renting shared homes where they are needed."