There are allegedly 24 addresses within the County Armagh area that have been granted licences to operate as Houses of Multiple Occupancy (HMOs) but – contrary to legal requirements – are not listed on the Northern Ireland Planning Portal as having submitted planning applications.
In April 2019, licensing laws for shared flats and houses changed, transferring responsibility for HMOs from the NI Housing Executive to local councils.
A NIHMO unit within Belfast City Council is also responsible for the administration of HMOs on behalf of each of the 11 Northern Ireland councils, granting the unit the power to investigate improper HMO activity across Northern Ireland.
HMO licence applications continue to be submitted to each individual council for approval.
According to the Belfast City Council website, the purpose is to “allow better regulation of Houses in Multiple Occupation (HMO) by introducing a system of licensing and new provisions about standards of housing. It also aims to streamline the definition and clarify the law”.
It adds: “All HMOs must be licensed by their local council unless a temporary exemption notice is in effect.”
The website also stipulates that all new HMOs must have planning permission and building control approval, and adds that an application “will not be processed if the property does not have these approvals”.
However, it has now transpired that there are 24 County Armagh properties listed on the HMO licence register that do not appear on the Northern Ireland Planning Portal… and therefore, are not likely to have been granted planning permission.
Within the list there are two properties in Armagh city, one on Castle Street and one on Abbey Street; there is also one in Fairgreen Park in Keady; one in Hillside Avenue in Hamiltonsbawn; one in Sleepy Valley, Richhill; one on Laurelvale Road, Tandragee; one in Carnreagh, Craigavon; one in Spelga Park, Lurgan; and 16 properties in Portadown with seven of those on Thomas Street.
There is also one additional Thomas Street property which has been granted approval for HMO use on the planning portal that does not appear on the HMO licence register.
Belfast City Council stated that the scenario for HMO licencing and planning is quite “complex” and that Armagh City, Banbridge and Craigavon Borough Council are responsible for granting both the HMO licence and any relevant planning permissions needed.
A spokesperson for Armagh, Banbridge and Craigavon Borough Council said: “Any proposal to change the use of a property to a HMO is likely to require planning permission.”
“The Council’s Planning Enforcement Team will investigate any allegation that a HMO is operating without planning permission and where that is found to be the case, an appropriate course of action will be taken.”
Since the above statement was received this publication has received a further update explaining that four of the addresses provided are now “receiving attention” from Planning Enforcement. The addresses receiving attention include 112 – 113 Fairgreen Park, Keady; 22 Hillside Avenue, Hamiltonsbawn; 1 College Manor, Portadown and 95 Armagh Road, Armagh.
The letters provided for each property explain that the Council has a “general discretion to take enforcement action against a breach of planning control when it regards it as expedient to do so, having regard to the Development Plan and any other material considerations. The Council will only pursue enforcement action commensurate with the breach of planning control to which it relates”.
It adds: “Please note, in many instances, development that has been carried out does not require planning permission as it benefits from permitted development rights as set out in the Planning (General Permitted Development) Order (Northern Ireland) 2015 and does not therefore, constitute a breach of planning control.
“You may find it beneficial to know at this stage, that enforcement action, should it be appropriate in this case, is often a long and complicated procedure and lengthy periods of time can be involved before a case is satisfactorily resolved.”
Where a breach of planning control has been identified, the Council may carry out the following actions:
1. A case is not pursued as the breach is deemed as not expedient. This is often the case where a breach is considered minor and has no environmental impacts;
2. A planning application may be submitted in an attempt to remedy the breach. On occasion, an uninvited planning application may be received. It should be noted that the Council is obliged to process all planning applications received.
3. If there is no reasonable prospect of the situation being resolved and there has been a failure to comply with warning letters, the Council may move to formal enforcement action through the service of a Notice or Summons action.
Updates will be reported as and when they become available.
