Burnley council proposes tighter planning rules for HMOs

Burnley council proposes tighter planning rules for HMOs

Burnley council has launched a public consultation on plans to remove permitted development rights for small HMOs in six wards, aiming to control the number and location of houses of multiple occupation in the borough.

Burnley council opened a six-week consultation on proposals to tighten planning controls on converting properties into houses of multiple occupation (HMOs). The consultation, which runs until 6 November 2026, focuses on removing permitted development rights that currently allow a single dwelling house to be converted into a small HMO without planning permission in six specific wards. The council intends to consider the consultation responses in spring 2027 before deciding whether to confirm the proposals. If approved, the new rules could come into effect from September 2027, following completion of the legal process.

The council’s executive member for housing and planning, Councillor Howard Baker, emphasised that the removal of permitted development rights would not prevent HMOs from being created but would give the council more control over their spread and concentration. This move forms part of Burnley’s long-term strategy to manage HMOs within the borough, responding to concerns about the impact of high HMO densities on communities and housing quality.

Details of the proposed planning changes

Currently, in many areas, landlords can convert a single dwelling house into a small HMO (typically defined as a property rented to three or more tenants forming more than one household) under permitted development rights, bypassing the need for planning permission. This has allowed rapid growth in HMOs, sometimes leading to localised issues such as parking pressures, noise complaints, and changes in community character.

Burnley council’s proposal targets six wards where permitted development rights for these conversions would be removed. This means landlords and developers would need to apply for planning permission to create a small HMO in these areas. The council would then have the power to assess each application individually, considering local impacts, suitability, and compliance with planning policies. The aim is to better regulate the number and location of HMOs, preventing overconcentration and mitigating negative effects on neighbourhoods.

The consultation process invites input from landlords, tenants, residents, and other stakeholders. The council will use the feedback to inform its decision on whether to implement the changes. If confirmed, the new restrictions would be introduced with a lead-in period to allow landlords and developers to adjust and complete any necessary applications.

Context of HMO regulation and planning controls

Houses of multiple occupation have been subject to increasing scrutiny nationwide due to concerns about poor property conditions, high tenant turnover, and community disruption. Local authorities have various powers to regulate HMOs, including licensing schemes that set minimum standards for property management and safety. However, planning controls are a key tool to manage the spatial distribution and density of HMOs.

Permitted development rights for small HMOs were introduced to support flexible housing supply but have sometimes contributed to rapid, unplanned growth in certain areas. Many councils have moved to remove these rights in designated zones, often through Article 4 Directions, to regain control over HMO proliferation. Burnley’s consultation aligns with this broader trend, reflecting local priorities and housing market dynamics.

For landlords, the changes mean that in affected wards, converting a property into a small HMO will no longer be a straightforward process. Planning applications can be time-consuming and costly, with no guarantee of approval. This may influence investment decisions and portfolio strategies, especially for landlords focused on HMO lettings.

Practical implications for landlords and letting agents

Landlords with properties in the six Burnley wards under consultation should monitor the outcome closely. If the council confirms the removal of permitted development rights, any future conversions to small HMOs will require planning permission. Existing HMOs will not be affected directly, but landlords planning acquisitions or conversions will need to factor in the additional regulatory hurdle.

Letting agents operating in Burnley should advise clients accordingly and be prepared to support planning applications where necessary. Understanding the local planning policy and consultation feedback will be important to assess risks and opportunities. The changes may also impact rental supply and demand in these wards, potentially affecting rental values and tenant options.

The council’s consultation provides an opportunity for landlords and agents to contribute views and evidence. Engaging in the process can help shape a balanced approach that considers housing needs alongside community concerns.

Areas of uncertainty and what to watch next

At this stage, the proposals remain under consultation, and the final decision will depend on the responses received and the council’s assessment. The precise boundaries of the affected wards and the detailed planning criteria for HMO applications have yet to be confirmed. Landlords should watch for the council’s executive report expected in spring 2027, which will set out the final policy and implementation timetable.

There is also uncertainty about how the new planning controls will interact with existing HMO licensing requirements and other regulatory frameworks. Landlords should continue to comply with all current legal obligations and keep abreast of any further guidance issued by Burnley council or central government.

Steps landlords should take now

• Review the location of your properties against the six wards identified in the consultation.
• Consider whether any planned conversions to HMOs might be affected by the proposed removal of permitted development rights.
• Participate in the consultation by submitting feedback to the council before the 6 November deadline.
• Stay informed about the council’s progress and any updates to planning policies or licensing schemes.
• Ensure all existing HMOs meet current licensing and safety standards to avoid enforcement issues.
• Consult planning professionals if you are considering new HMO developments in Burnley.

Keeping your rental properties compliant with evolving regulations

Membership of The Landlord Association (TLA) offers landlords and letting agents access to up-to-date compliance resources and practical guidance on managing regulatory changes such as planning controls on HMOs. TLA’s developing property management platform, ORBIT, currently in BETA testing, can assist members in organising property records, monitoring local licensing requirements, and recording key actions like planning applications and communications with councils. Using tools like ORBIT helps landlords maintain evidence of compliance and stay ahead of regulatory developments that impact portfolio management. Explore TLA membership and learn more about ORBIT BETA access to support your property management in areas affected by planning changes.

Looking ahead, landlords in Burnley and similar areas should anticipate further localised planning controls on HMOs as councils seek to balance housing supply with community wellbeing. Staying informed and engaged with consultations will be increasingly important to adapt to the evolving regulatory environment.

Sources: Landlord Today