Cabinet approval for borough-wide Article Four direction for Houses in Multiple Occupation
Wigan Council’s ruling cabinet members approved plans for more control over applications for Houses in Multiple Occupation (HMOs).
Read the full agenda and report for Cabinet on Thursday, 3rd July, 2025, 10.30 am (external link).
The decision is now subject to the cabinet decision five-day call in process, after which a 21-day public consultation will take place.
Subject to these approvals, the direction could come into effect in August.
The following is a transcript of the relevant section of the cabinet meeting:
David Proctor, assistant director, planning and regeneration
The report arises from our equalities mission and around access to a good quality home for everybody, specifically as it relates to houses in multiple occupation (HMOs).
Cabinet members will be aware that under normal circumstances, small HMOs - so anything with fewer than six people - don't require planning permission. That is a national permitted development right, that applies.
In that set of circumstances, the council has got no control over the number, concentration or management arrangements that relate to HMOs of that size.
Cabinet will also be aware that in 2020 we introduced what's called an Article Four direction in two parts of the borough: in the Swinley area of Wigan and around Leigh town centre.
The effect of that was that small HMOs in those areas did require planning permission and were subject to our policies.
Since their introduction, from a data and insights point of view, two issues have arisen.
Our evidence base is telling us there's an increase in the overall numbers and probably an acceleration in the number of small HMOs coming forward in multiple parts of the borough.
Secondly, I think there is a displacement effect beyond those existing Article Four areas as well.
So, given the objective that we've got around providing good quality homes, we are now seeking greater control over this issue.
We do recognise that HMOs are an important part of the overall housing offer. There is a genuine need that exists in the borough, but we do think that it's desirable to have that part of the housing market evolve in a controlled and managed way. So, with that in mind, the report is proposing that we extend the Article Four area to the whole of the borough.
So that would mean that all HMOs, regardless of size, regardless of where they are, require planning permission and are subject to our planning policies.
It would give us the ability, if the recommendation was to be approved, to impose planning conditions as regards management arrangements and so on.
Councillor Paul Prescott, cabinet portfolio holder for planning, environmental services and transport
Thank you, David. It is an excellent report. It underlines and makes it very clear what the purpose of the Article Four is and why we're seeking to introduce it.
The proposal would extend council control over HMOs. The numbers of which are significantly up across the borough, I believe from 107 in 2021 to an estimated 285.
Subject to cabinet approval, the adoption of a boroughwide Article Four direction means all received applications for HMOs require that permission.
As David has pointed out, the borough already has two areas, in Swinley and Leigh central. Under current legislation, the creation of small HMOs is deemed as permitted development, and as such does not require the submission of a planning application.
We would acknowledge that HMOs can offer flexibility in the housing market. But they also can have a negative impact on the character of neighbourhoods if not managed correctly, such as anti-social behaviour, pressure on car parking and inadequate living conditions.
This decision does not mean an outright ban; HMOs have a role to play.
But with this proposal in place the council will be able to scrutinise the number and distribution as well as the management of all applications as part of the planning process.
This would ensure well considered legally compliant and well-designed accommodation that provides good homes and does not have a detrimental impact on long established neighbourhoods.
Councillor Dane Anderton, cabinet portfolio holder for children and families
I think is a necessary step forward. It puts our community and quality housing first.
Let’s be clear, this direction has not been taken lightly, it is evidenced by really good data, by advocacy.
It has been put forward by the data that underpins it. We are finding that some are well managed and some are not and our private sector rental team need some support in this.
But again, this is not just about politics. This is about good data and evidence led policy making.
We've heard the applications are increasing, this is the right time to do this and address the concerns that we’ve heard about today. So, we're saying today, we've listened to our residents. And we're saying it's time this Article Four direction applies across the borough.
So, all HMOs are going to come through the planning system so councillors, communities can now have a say and we can start to make sure that all HMOs are effectively managed within the borough.
It’s not based on ideology of any sort, it’s about balance and I can appreciate that HMOs do play a role in our housing mix, but we have to be firm, we have to be safe and we have to manage this effectively.
This direction gives us that ability to raise standards, stop the intense clustering of HMOs, protect people’s quality of lives and protect our tenants.
We’re acting on evidence that has been built consistently over time and we’re standing up for those residents across all parts of the borough.
Posted on Friday 4th July 2025