DRD71290 Subject Pln Cover.indd 1 3/12/08 05:02:18 · 2008-12-18 · DRD71290 Subject Pln Text.indd 1 5/12/08 12:02:49. This document can be made available on request in large print,

DRD71290 Subject Pln Cover.indd 1 3/12/08 05:02:18

Houses in Multiple Occupation (HMOs) Subject Plan for

Belfast City Council Area 2015

December 2008

DRD71290 Subject Pln Text.indd 1 5/12/08 12:02:49

This document can be made available on request in large print, disc, Braille and audiocassette. The Department’s textphone number is 028 90540642 to assist the hearing impaired. The document may also be made available in another language and is available on our website, www.planningni.gov.uk.

All Associated documents (see Appendix 2) are also available on this website

Photo Credits: Various photographs courtesy of Belfast Visitor and Convention Bureau

All maps are reproduced by permission of the Ordnance Survey of Northern Ireland on behalf of the Controller of Her Majesty’s Stationery Office, Crown Copyright Reserved 2008.


Houses in Multiple Occupation Subject Plan for Belfast City Council Area 2015

1

Contents PagePreamble 2Part 1 Introduction 10

1. 1 Definition 101. 2 Plan Area 111. 3 Plan Purpose 111. 4 Plan Aim 121. 5 Policy Context 121. 6 Relationship with Other Public Sector Bodies 171. 7 Additional Issues 20

Part 2 Housing Need and Context 212.1 Factors influencing the Housing Market 212.2 Geographic Distribution 232.3 Housing Choice 24

Part 3 Plan Strategy and Policy Framework 253.1 The Issues 253.2 Plan Strategy 253.3 Policy Framework 28

• Policy HMO 1- HMO Policy Areas 30• Designation HMO 2 - HMO Policy Areas 30• Policy HMO 3 - HMO Development Nodes 33• Designation HMO 4 - HMO Development Nodes 33• Policy HMO 5 - HMO Development outside HMO Policy

Areas & HMO Development Nodes 35

• Policy HMO 6 - HMO Development 37• Policy HMO 7 - Purpose Built Student Accommodation 38

AppendicesAppendix 1 Map Index 39Appendix 2 Associated Documents 40Appendix 3 HMOs by Policy Area 41

MapsMap No. 1 Inner East BelfastMap No. 2 Outer East BelfastMap No. 3 South Belfast (East) Map No. 4 South Belfast (West) Map No. 5 Inner West BelfastMap No. 6 Outer West BelfastMap No. 7 North BelfastMap No. 8 Belfast City Centre



2

Preamble

The Houses in Multiple Occupation (HMOs) Subject Plan for Belfast City

Council Area 2015 (hereafter referred to as the Subject Plan) is a development

plan prepared under the provisions of Part III of the Planning (Northern Ireland)

Order 1991 by the Planning Service, an agency within the Department of the

Environment (DOE).

The Draft Belfast Metropolitan Area Plan 2015 (BMAP) was published

in November 2004, and set out criteria for Conversion of Buildings for

Multiple Occupation under Policy HOU 6. Representations, received during

public consultation on BMAP suggested the policy did not go far enough in

addressing the issues relating to HMOs and, in particular, lacked a spatial

dimension. The Subject Plan has been prepared in response to these

representations, together with emerging concerns regarding the impact of

HMOs.

A Notice of Intention to prepare the Subject Plan was given to Belfast City

Council on 30 June 2005. The Notice was published in the regional and local

press during the weeks commencing 27 June and 4 July 2005. The Notice

invited individuals and interested parties to submit initial comments on key

issues which the Department should consider in preparing the Subject Plan.

The Department published the Subject Plan Issues Paper on 15 August

2005 in order to assist and inform the consultation process. The Issues

Paper sought to stimulate debate and discussion focused on those issues of

significance that would shape the preparation of the Draft Subject Plan.

All comments received following the initial press notices in June and July 2005

were considered by the Department in the preparation of the Draft Subject

Plan.

The Subject Plan has been prepared by an in-house planning team within

the DOE Planning Service and the process has been informed by the Inter-

Agency Strategic Group set up by Belfast City Council. Input was also received

from the various Departments within the City Council (Environmental Health,

Cleansing Services, Pollution and Noise Control, Building Control and Waste



3

Management) and other Agencies/Government Departments, including the

Police Service for Northern Ireland (PSNI), NIO Community Safety Unit and

Universities. The Subject Plan also takes account of the Housing Market

Analysis undertaken by the Northern Ireland Housing Executive (NIHE).

The Draft Subject Plan was determined by the Department for Regional

Development, in accordance with Article 28(3) of the Planning (Amendment)

(Northern Ireland) Order 2003, to be in general conformity with the Regional

Development Strategy (RDS).



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The Department published the Draft Subject Plan on 27 June 2006. A total of

129 letters of objection were received during the statutory public consultation

period that followed its publication.

The Department asked the Planning Appeals Commission (PAC) to facilitate

an Examination in Public to consider objections to the Draft Subject Plan. The

Examination was conducted over 2 days from 1 to 2 October 2007. The PAC

forwarded its report on the Examination to the Department on 18 March 2008.

The recommendations contained in the PAC Report have been fully assessed

by the Department and revisions to the Subject Plan made accordingly. Full

details of the Department’s response to the PAC recommendations are set out

in the Plan Adoption Statement.

The Department is now publishing the Subject Plan. This document,

comprising a written statement and maps, incorporates the amendments

outlined in the Plan Adoption Statement and replaces the previous draft

version of the Subject Plan. There are other Associated Documents published

at the same time as this Subject Plan and they are listed in Appendix 2.

The accompanying maps illustrate Subject Plan Proposals within the Belfast

Council Area.

In case of any contradiction between the Written Statement and any maps

accompanying the Subject Plan the provisions of the Written Statement will

prevail.

The Subject Plan Proposals should not, therefore, be read as the only tests

of acceptability for development proposals. The Subject Plan Proposals sit

alongside, but do not supersede, prevailing regional planning policy as set out

in the RDS and Planning Policy Statements (PPSs). In making its decisions

the Department will assess proposals against all planning policies and other

material considerations that are relevant to it. In particular, the Subject Plan

should be read in association with the Plan Proposals contained in BMAP.



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The contents of the Subject Plan must, therefore, be read in conjunction with

the relevant contents of regional planning policy publications, supplementary

planning guidance documents and policy publications of other Government

Departments.

In bringing forward proposals for planning permission, applicants must,

therefore, take account of the content of prevailing regional policy guidance, in

addition to the specific policies and proposals contained in the Subject Plan.

Nothing in the Subject Plan should be read as a commitment that public resources will be provided for any specific project.

Unless otherwise stated, all references in the Subject Plan to the ‘Department’

refer to the Department of the Environment.

Strategic Environmental Assessment

European Directive 2001/42/EC requires a Strategic Environmental

Assessment (SEA) of a wide range of plans and programmes, including

development plans. The objective of the ‘SEA Directive’ is to provide for a high

level of protection of the environment and to contribute to the integration of

environmental considerations into the preparation and adoption of plans with a

view to promoting sustainable development.

The Environmental Report in respect of the SEA of the Subject Plan Proposals

was published as a supporting document to the Draft Subject Plan.

A statement in accordance with Regulation15 of the Environmental

Assessment of Plans and Programmes Regulations (Northern Ireland) 2004 is

published as a supporting document to the Adopted Plan.



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Statement of Finding of Likely Significant Effects

Regulation 64B of the Conservation (Natural Habitats, etc) (Amendment)

Regulations (Northern Ireland) 2007 states that any plan or project likely

to have a significant effect on a Natura 2000 site shall be subject to an

assessment of its implications for the site in view of the site’s conservation

objectives. Accordingly, the Draft Subject Plan Proposals and the PAC

recommendations, both individually and in combination with the proposals

contained in the Houses in Multiple Occupation (HMOs) Subject Plan for

Belfast City Council Area 2015, have been subjected to a Test of Likely

Significance (TOLS). Three designated and one proposed Natura 2000 sites

and two Ramsar sites were identified that could potentially be affected by the

implementation of the Subject Plan, namely:

• Belfast Lough Special Protection Area;

• Belfast Lough Open Water Proposed Special Protection Area;

• Belfast Lough Ramsar Site;

• Lough Neagh and Lough Beg Special Protection Area;

• Lough Neagh and Lough Beg Ramsar Site: and

• Eastern Mournes Special Area of Conservation.

The TOLS has confirmed that there is no likely significant impact on any of the

designated or proposed Natura 2000 or the Ramsar sites. It is not, therefore,

necessary to carry out an Appropriate Assessment.

A ‘Statement of Finding of No Likely Significant Effects’ in accordance with

Regulation 64B of the Conservation (Natural Habitats, etc) (Amendment)

Regulations (Northern Ireland) 2007 is published with the Adopted Subject

Plan.



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Equality of Opportunity

The Northern Ireland Act 1998 has placed the following statutory requirement

on each public authority:

1. To carry out their functions with due regard to the need to promote equality

of opportunity:

(a) Between persons of different religious belief, political opinion, racial

group, age, marital status or sexual orientation;

(b) Between men and women generally;

(c) Between persons with a disability and persons without; and

(d) Between persons with dependants and persons without.

2. Without prejudice to its obligations under subsection (1) a public authority

shall, in carrying out its functions relating to Northern Ireland, have regard

to the desirability of promoting good relations between persons of different

religious belief, political opinion or racial group.



8

The Subject Plan has been subject to an Equality Impact Assessment (EQIA)

in line with the statutory obligation contained in Section 75 of the Northern

Ireland Act 1998. The EQIA which was published with the Draft Subject Plan

indicated that the Subject Plan is unlikely to have any significant adverse

implications for equality of opportunity or community relations.

Having considered the representations received in relation to this document,

the EQIA is published with the Adopted Subject Plan and contains the

Department’s response to those representations.

Anti-Poverty and Social Inclusion Strategy

The Department is committed to implementing the Government’s Anti-Poverty

and Social Inclusion Strategy for Northern Ireland, which involves tackling

poverty and social exclusion by targeting efforts and available resources

towards people, groups and areas objectively defined as being in social

need. This requires the application of objective measures to identify where

deprivation occurs and then targeting existing and new spending to more

effectively address the needs of the most deprived peoples and areas.



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Planning Service is not a major spending Agency. However, one of the main

functions of a development plan is to facilitate development and create a

land use framework that will allow investment to take place. The Subject Plan

seeks to apply the Anti-Poverty and Social Inclusion Strategy through specific

objectives, policies and proposals.

Review of Public Administration

In March 2008, the Environment Minister announced the key decisions

on the future shape of local government flowing from the review of the

local government aspects of the Review of Public Administration (RPA).

The announcement confirmed the

rationalisation of the current 26 local

government districts to create 11 new local

government districts by 2011. These

decisions were seen as representing a

solid foundation for the development of

strong, effective local government that

would deliver a broader range of services,

including a significant range of planning

functions.

In relation to planning, the changes announced will see Northern Ireland move

away from the current unitary system, where the Department sets policy and

also prepares development plans and deals with all planning applications,

to a two-tier planning system similar to that in England, Scotland, Wales

and the Republic of Ireland. Following the implementation of the RPA, local

government will have responsibility for the majority of key planning functions,

including local development planning; development management (excluding

regionally significant applications); enforcement and a range of other functions.

Central government will retain responsibility for functions such as regional

strategic planning, planning policy, legislation, and determination of regionally

significant applications.



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Part 1 Introduction

1.1 Definition

The Planning (Use Classes) Order (NI) 2004 includes Houses in Multiple

Occupation as a sui generis use. This means that a change of use to a HMO

requires planning permission in all instances.

This Subject Plan applies to HMOs as defined in Article 75 of the Housing (NI)

Order 19921 and repeated in Article 2(1) of the Planning (Use Classes) Order

(NI) 2004.

1Article 75 of the Housing (NI) Order 1992 was amended by Article 143(1) of the Housing NI Order 2003.



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Paragraphs (1) and (1A) of Article 75 of the Housing (NI) Order 1992 provide:

“(1) . . .house in multiple occupation” means a house occupied by more than 2

qualifying persons, being persons who are not all members of the same family.

(1A) In paragraph (1) “qualifying persons” means persons whose only or

principal residence is the house in multiple occupation, and for that purpose

a person undertaking a full time course of further or higher education who

resides during term time in a house shall,

during the period of that person’s

residence, be regarded as residing there as

his only or principal residence.”

For the purposes of this Subject Plan, a HMO

is an individual dwelling unit, whether a house

or a flat/ apartment.

This Subject Plan does not apply to use

for any purpose set out in Class C1 of the

Planning (Use Classes) Order (NI) 20042

1.2 Plan Area

The Subject Plan covers the council area of Belfast City Council.

1.3 Plan Purpose

The purpose of the Subject Plan is to inform the general public, statutory

authorities, developers, and other interested bodies of the policy framework

that will be used to guide planning decisions in relation to HMOs within Belfast

City Council Area over the Plan period.

2The uses specified in Class C1 of the Planning (Use Classes) Order (NI) 2004 are use as a dwellinghouse - (a) by a single person or by people living together as a family or (b) by not more than 6 residents living together as a single household where care is provided for residents.



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1.4 Plan Aim

The overall aim of the Subject Plan is to provide a planning framework

for HMO Development which is in general conformity with the Regional

Development Strategy (RDS) in facilitating sustainable growth and a high

quality of development in the Plan area throughout the Plan period, whilst

protecting and, where appropriate, enhancing the natural and man-made

environment.

1.5 Policy Context

Regional Development Strategy

The RDS for Northern Ireland 2025 ‘Shaping Our Future’ provides a strategic

planning context for planning policy and the preparation of development plans.

It sets new directions to achieve a more sustainable pattern of development in

the interests of future generations.

The RDS contains a Spatial Development Strategy and related Strategic

Planning Guidelines that aim to provide a strategic focus that will guide

future development in order to provide a balanced and equitable pattern of

sustainable development across the Region. Within this context the RDS

recognises the need to create a thriving Metropolitan Area centred on a

revitalised city of Belfast (SPG-BMA1). The RDS also promotes urban

renaissance in the cities and towns through the use of previously developed,

undeveloped and underused lands within the ‘urban footprint’ for housing

development and encourages the re-use of existing buildings. (HOU 4.2)

The RDS recognises that in meeting housing needs, the development of

balanced communities is encouraged by promoting a mix of housing tenures

and types and the creation of quality built environments which contribute to the

achievement of safe, complete and balanced communities for people to live in.

(SPG-HOU 6).

The RDS also promotes imaginative and innovative forms of housing

development within urban areas (SPG-HOU 5), by encouraging an increase

in the density of urban housing appropriate in scale and design to the cities



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and towns of Northern Ireland. It

states that achieving an overall

increase in town densities must

not be interpreted as a mandate

to force over-developed and

unsympathetic housing schemes

into established residential areas

and concludes that the overriding

objective has to be to avoid

any significant erosion of the

environmental quality, amenity

and privacy enjoyed by existing

residents.

Planning Policy Statements

Planning Policy Statements (PPSs) set out the policies of the Department on

particular aspects of land use planning and apply to the whole of Northern

Ireland. Their contents have informed the Subject Plan preparation and the

Plan Proposals and they are material to decisions on individual planning

applications and appeals within the Plan area.

The Department has a rolling programme for preparation of new PPSs and

review of existing PPSs. Such statements may from time to time be revised to

take account of changing circumstances, including experience gained through

the development planning and development control processes. Good practice

guides may also be issued to illustrate how concepts contained in PPSs can

best be implemented. The following are of particular relevance to this Plan:

Planning Policy Statement 1 – General Principles

This PPS sets out the key themes and guiding principles that underlie the

Department’s overall approach to planning and the preparation of development

plans including this Subject Plan.



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Joint Ministerial Statement

This statement supersedes paragraphs 46 to 48 of Planning Policy Statement

1 – General Principles. In the event that there is a contradiction between the

contents of this Statement and any other planning policy document including

PPS1 the policy contained in this Statement will take precedence.

Addendum to Planning Policy Statement 6 – Areas of Townscape Character

This document is an addendum to PPS6, ‘Planning, Archaeology and the

Built Heritage’ and provides additional planning policies relating to Areas of

Townscape Character, for demolition of buildings, new development and the

control of advertisements.

In Conservation Areas and Areas of Townscape Character, the Addendum to

PPS6 requires that housing proposals will maintain or enhance their distinctive

character and appearance. Proposals involving intensification of site usage or

coverage in the primarily residential parts of these designated areas will only

be permitted in exceptional circumstances.



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Planning Policy Statement 7 – Quality Residential Environments

This PPS complements the RDS and other PPSs mentioned in this section,

and is aimed at achieving attractive and sustainable places through better

design. It highlights the need for residential development in urban areas to

respect its immediate setting, in order to avoid a level of intensification which

can adversely affect local townscape character and identity.

Addendum to Planning Policy Statement 7 – Residential Extensions and Alterations

In March 2008 The Department published the final version of the policy

document ‘Addendum to Planning Policy Statement (PPS) 7: Residential

Extensions and Alterations’. This sets out the Department’s policy and provides

guidance in relation to proposals for residential extensions and alterations. The

key objectives of the policy are to:

• promote high quality in the design of residential extensions and alterations;

• ensure that that such works are sympathetic to the original property;

• respect the character of the local area; and

• protect neighbouring residential amenity.

Planning Policy Statement 12 – Housing in Settlements

This PPS provides planning policy guidance for housing within the context of

the Strategic Planning Guidelines contained in the RDS. The objectives are:

• to manage housing growth in relation to housing need;

• to direct and manage future housing growth to achieve more sustainable

patterns of residential development;

• to promote a drive to provide more housing within existing urban areas;

• to encourage an increase in the density of urban housing appropriate to the

scale and design to the cities and towns of Northern Ireland; and

• to encourage the development of balanced local communities.



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Development Plan

The extant plan for the Belfast Council area is The Belfast Urban Area Plan

2001 (BUAP) which was published in June 1990. BUAP is silent in relation to

HMOs.

The Draft Belfast Metropolitan Area Plan 2015 (BMAP) was published on 30

November 2004 and includes a Plan Strategy and Proposals for six District

Council areas including Belfast.

Regional Supplementary Planning Guidance

The Department’s publication ‘Creating Places – Achieving Quality in

Residential Developments’ (2000) is intended to improve the quality of new

housing developments and provide guidance on design, character and

layout of new housing areas in Northern Ireland. The guide describes the

contributions to

quality and sustainability that developers in Northern Ireland will be expected

to make through the design of new residential developments. The context for

the advice given is provided by wider Government policy and initiatives aimed

at achieving attractive and sustainable places through better design.

The Department also publishes and updates as necessary a set of



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Development Control Advice Notes (DCANs), which explain the planning

criteria and technical standards which the Department considers when dealing

with specific categories or particular aspects of development in Northern

Ireland. DCAN 8 – Housing in Existing Urban Areas (2002) provides planning

guidance which aims to ensure that urban and environmental quality is

maintained, amenity preserved and privacy respected when proposals are

being considered for new housing development within existing urban areas.

The guidance sets out a design-led approach to such housing proposals and

provides practical advice on how matters of detailed design are best handled.

It should be noted that the Department is continuously reviewing its regional

policies and advice. It is, therefore, advisable to contact a Divisional Planning

Office to ascertain the prevailing relevant policies and supplementary guidance

that apply or alternatively visit the Department’s website at

www.planningni.gov.uk

1.6 Relationship with Other Public Sector Bodies

The Subject Plan takes into account the work of other public sector bodies

for the future development of the Plan area, with particular respect to issues

including urban regeneration and Council initiatives.



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The Northern Ireland Housing Executive

In May 2004 the Housing Executive (NIHE) introduced a Statutory Registration

Scheme for HMOs in Northern Ireland. Registration was initially introduced by

targeting those properties which were deemed to represent the greatest risk

to the occupants, namely the larger three and four storey properties. Since

then the NIHE has progressively rolled out the Scheme so that every HMO

in Northern Ireland, both existing and new, has now got a specified date for

registration.

A registered HMO is required to comply with all HMO Standards, must be Fit

for Human Habitation and must be managed in accordance with the HMO

Management Regulations. The Registration Scheme along with this Subject

Plan contributes to the policy framework for HMO development.



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Department for Social Development

The Department of Social Development (DSD) plays a central role in

developing and co-ordinating the implementation of urban regeneration

programmes throughout Northern Ireland.

DSD’s approach to regeneration, in pursuance of its statutory authority, is

to promote and implement a comprehensive, integrated and sustainable

approach to tackling social, economic and physical regeneration and

redressing disadvantage in cities and towns. DSD’s role and its regeneration

responsibilities have been taken into account in preparing the Subject Plan.

Council Initiatives

Belfast City Council has developed a strategy for developing the vision for

future development in the City Council area. The vision contains a number of

themes for economic, social, environmental and developmental change. The

Subject Plan takes account of the themes flowing from the vision processes

where these have implications for future HMO development.

The Inter-Agency Strategic Group is an

initiative set up by Belfast City Council

to specifically address issues related to

HMO Development. The Subject Plan

has been informed by the Inter-Agency

Strategic Group.



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1.7 Additional Issues

During the preparation of the Subject Plan,

representations were received from the public

and various representatives about issues

surrounding HMOs that were not solely

responsibility of Planning Service or outside

the Department’s legislative framework. These

included:

• Joint Working;

• Inter Agency Design Guide for HMOs;

• Parking Initiatives;

• Public Transport Improvements;

• Noise Control;

• Building Control – Definition of HMO;

• “To Let” Signage;

• Area Amenity and Management;

• Community Safety;

• Gating of Alleyways; and

• HMO Registration.

Many of these issues are considered to be of relevance to other agencies and

bodies. The Inter Agency-Strategic Group agreed to consider these issues and

produced a Progress Report with further recommendations.



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Part 2 Housing Need and Context

Housing need and housing demand are fundamental considerations when

developing planning policies in respect of HMOs.

The Housing Needs Assessment (HNA) prepared by the NIHE in 2004

(published as a Technical Supplement to BMAP) and the subsequent Housing

Market Analysis (HMA), provide a valuable insight into the drivers which have

shaped and continue to influence local housing markets.

2.1 Factors influencing the HMO Market

The HMO market, particularly in South Belfast, has been driven by a number of

factors:

1) Student growth: The Government’s higher education policy has caused

the number of students in higher education to rise significantly over the

last decade. Student housing requirements have put additional pressures

on a number of local housing markets throughout the UK, particularly those

in close proximity to University campuses.

Queen’s University and the University of Ulster are of the view that the

number of students in higher education has reached the government

target and has now peaked. The impact of top up fees may see more

students living at home. However, the long-term impact of top up fees on

the local housing market is yet to be seen.

2) Single Persons: The population in the 18 – 29 year old age group may

be declining but their lifestyle choices are having a greater impact on the

housing market. The postponement of family and traditional longer-term

households has led to a significant rise in the number of single person

households. Furthermore, the 30 – 44 year old age group, which is



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characterised by a relatively high and growing incidence of relationship

breakdown, has also given rise to a net increase in the number of

households, many of whom are single.

Single person households tend to gravitate towards urban areas. This is a

pattern across the UK. Northern Ireland trends in single person household

formation have tended to lag behind trends in GB. Between 1998 and

2001 the proportion of single person households in GB, compared to

all households, increased from 27% to 30% and suggests there is still

potential for further growth in such households in Northern Ireland.3

3) Migrant Workers: It is difficult to accurately measure the number of

migrant workers in Northern Ireland as most agencies record ethnic

origin rather than nationality. The NIHE Housing Market Analysis provides

information in respect of migrant workers in recent years by reviewing the

research undertaken using National Insurance Numbers. The research

suggests the number of migrant workers is higher than originally estimated.

However, significant portions of these workers live and work outside Belfast

(71%)4 and many are drawn to jobs in the agricultural and food processing

sectors. Belfast tends to attract those involved in health care and the

service sector.

It is difficult to predict if these trends will be sustained. Future economic

growth may be a determining factor. However, it is highly likely that

healthcare and service sectors will continue to be dependent upon such

workers. Even with an economic down turn, it is expected that a significant

proportion of migrant workers will remain in Northern Ireland.

The NIHE Housing Needs Assessment highlights a growing and sustained

need for social housing throughout most of Belfast. Significantly, single person

households are generating a growing and substantial part of this need.

32001 Northern Ireland Census of Population 42001 Northern Ireland Census of Population



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2.2 Geographic Distribution

The Queen’s University Belfast attracts many students to live in the Inner

South Belfast area. Students attending the University of Ulster also find this

area attractive given the concentration of facilities, entertainment and services.

Employment opportunities in the entertainment sector, Belfast City Hospital

and to an extent the Royal Hospitals also draws migrant workers to the South

Belfast area.

South Belfast, more than any other part of Belfast, is perceived as being

relatively neutral in terms of the city’s segregated geography. It is, therefore,

attractive to many groups, including those unfamiliar with the city. The greater

availability of privately rented accommodation and shared housing also makes

it attractive to many of the groups identified above.

It is not clear whether a housing need or a housing demand drives the housing

market in South Belfast. Undoubtedly students, single person households and

migrant workers have housing needs. However, it is possible that part of this

need could be accommodated in other parts of the city if accommodation was

available.



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2.3 Housing Choice

Students, young singles and migrant workers tend to be more transient than

other groups. The private rented sector has been meeting their requirements

by providing furnished accommodation with minimal initial capital outlay.

Increases in house prices during the last few years put owner occupation

beyond the means of many new households, despite relatively low interest

rates. One means of securing a first stake in the property market is to share

the cost of purchase with others or buy, sub-let and then charge rent to help

fund the mortgage repayments. This trend is more common among young

professionals. However, it has the potential to give rise to intensification in

streets and neighbourhoods comprised of traditional terraced housing.

The opportunity to rent social housing from either the NIHE or a Housing

Association is limited given the reduction in stock as a consequence of house

sales and the cost of acquiring new sites. Housing Associations are the

principle providers of new social housing. During recent years, many of the

Associations experienced a greater difficulty in identifying suitable sites for

development. Prior to the recent downturn in land prices, competition for site

acquisitions increased and Housing Associations frequently found themselves

priced out of the market.

Private renting of former NIHE stock purchased under the “right to buy

scheme” is making a valuable contribution to the low cost affordable market.

2.4 Summary

Belfast is likely to have ongoing need for low cost affordable housing. The

demand for HMO accommodation is likely to be sustained as a consequence

of changing patterns of household formation. However, the signs are that the

market for student accommodation may have peaked.



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Part 3 Plan Strategy and Policy Framework

3.1 The Issues

The Issues Paper for HMOs in Belfast City

Council area, published in August 2005,

raised seven main issues relating to HMOs.

• HousingNeedandHMOs;

• SpatialPolicy;

• BalancedCommunities;

• AreaAmenity;

• PhysicalInfrastructure;

• Anti-SocialBehaviour;and

• AreaManagement.

Generally the response to the Issues Paper

acknowledged that these were the principal

issues that should be considered during

preparationoftheSubjectPlan.

3.2 Plan Strategy

TheHMOSubjectPlanStrategyaimstoadoptabalancedapproachtoHMO

development,byseekingtopositivelyinfluenceandshapethemarketfor

HMOs, while controlling and curtailing further development in areas where

such accommodation is currently concentrated.



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Belfast HMO Strategy

The Belfast HMO Strategy is to:

• Protect the amenity of areas where multiple occupation is, or is

likely to become, concentrated;

• Accommodate the need and demand for multiple occupation, while

maintaining a community balance;

• Focus HMO development in areas where it can contribute to

regeneration; and

• Promote appropriate development of purpose built student

accommodation.

An excessive number of HMOs in one area can have a blighting effect.

Transient households tend not to make a long term investment in their local

environment and this may have a detrimental impact on the visual appearance

of a neighbourhood. Such areas may also experience excessive demands

on local services e.g. refuse collection, and as a consequence this can place

severe strains on infrastructure. These factors, combined with anti social

behaviour and neighbour disputes, can give rise to further deterioration in the

physical fabric of an area and a community’s well being. Clearly there is a need

to protect environmental amenity and the well being of the local community.

The Plan Strategy also recognises there is a need and demand for shared

accommodation that must be met. Such needs are influenced by affordability

issues, lifestyle choice and the flexibility which low cost renting can offer.

HMOs form an important role in the wider housing market and, therefore, they

should be accommodated.

The HMO market has made a very positive contribution to regeneration in

various parts of the city by way of attracting investment into areas and helping

to renew the physical fabric by refurbishing older residential properties. HMO

dwellers can also increase the demand for local goods and services helping to

make them more viable. The Plan Strategy seeks to harness the advantages

which HMO development can offer in terms of meeting housing needs and

stimulating regeneration.



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The RDS recognises that, in meeting housing needs, the development of

balanced communities is encouraged by promoting a mix of housing tenures

and types. The creation of quality built environments will contributes to the

achievement of safe, complete and balanced communities for people to live in.

(SPG-HOU 6).

Within the objective of developing community cohesion, the RDS encourages

the creation of more balanced local communities characterised by community

spirit, neighbourliness and a sense of belonging to a particular place. Diversity

and social inclusion are distinguishing marks of well-balanced communities

which embrace a mix of social groups, and are able to accommodate people of

different backgrounds who wish to live together.

The loss of family housing to HMOs is most apparent in parts of South Belfast.

Housing need for family housing has risen and is no longer affordable in

certain areas. The need for family housing, accommodation for the elderly

and vulnerable groups

must be balanced with the

demand and need for shared

accommodation.

Students and migrant

workers tend to be more

transient than other groups

and can potentially have a

detrimental impact on local

community infrastructure.

Such groups are less likely

to have a long term stake

in a local community and

consequently local support

networks can breakdown.

However, this must be

balanced with the potential

vibrancy and advantages

they can bring to an area.



28

It is anticipated that Belfast City Council

area will have an ongoing requirement

to accommodate students, migrant

workers and single person households.

Currently the housing needs of many in

these groups manifest themselves as

a demand for HMO accommodation in

South Belfast. However, all these needs

do not necessarily have to be met in that

part of the City.

The HMO Strategy seeks to balance

the protection of residential amenity

with the need and demand for multiple

occupation. It is intended that the

strategy will see a wider distribution

of HMO accommodation across the City over time. This approach is

consistent with the concept of balanced communities and will also consolidate

regeneration at key locations.

3.3 Policy Framework

The Strategy will be achieved through the Plan Proposals consisting of a

combination of policies and designations.



29

Four spatial policies, with associated designations, identify the extent to which

further HMO development will be permitted in different locations. These are as

follows:

HMO 1 - HMO Policy Areas (Designation HMO 2)

HMO 3 - HMO Development Nodes (Designation HMO 4)

HMO 5 - HMO Development outside designated HMO Policy Areas and

designated HMO Nodes

In addition, a further two polices, which relate to individual HMO proposals, will

set out development criteria. The two policies are as follows:

HMO 6 - HMO Development

HMO 7 - Purpose Built Student Accommodation

Future development of HMOs will be curtailed in areas where there are

currently significant concentrations of such accommodation, particularly

in South Belfast. Opportunities to meet the ongoing requirement for HMO

accommodation will be met through:

a) Purpose built student housing; and

b) Designation of areas where HMO development will be permitted.

The Subject Plan has been prepared to specifically address HMO

development. It is not intended to amend or supersede other prevailing

statutory planning policy provisions but is intended to be complementary in

regards to matters associated with HMOs



30

Policy HMO 1 HMO Policy Areas

Within designated HMO Policy Areas, planning permission will only be

granted where the number of HMO dwelling units does not as a result

exceed 30% of all dwelling units within the Policy Area

Policy HMO 1 is designed to protect the amenity of areas where multiple

occupation is currently, or is likely to become, concentrated. This policy will

apply to the following designated HMO Policy Areas

Designation HMO 2 HMO Policy Areas

The following HMO Policy Areas are designated as identified on Map

Nos 3, 4 and 7: (see Map Index in Appendix 1)

HMO 2/01 AdelaideHMO 2/02 AtlanticHMO 2/03 BallynafeighHMO 2/04 CastletonHMO 2/05 CavehillHMO 2/06 CliftonvilleHMO 2/07 Donegall RoadHMO 2/08 Edinburgh StreetHMO 2/09 EglantineHMO 2/10 FitzwilliamHMO 2/11 HarlestonHMO 2/12 JamesonHMO 2/13 Lower OrmeauHMO 2/14 MaloneHMO 2/15 MeadowbankHMO 2/16 Mount CharlesHMO 2/17 SandymountHMO 2/18 South ParadeHMO 2/19 StranmillisHMO 2/20 ThorndaleHMO 2/21 UlstervilleHMO 2/22 Botanic, Holylands, Rugby

During the public consultation process, many local residents voiced concern

at the concentration of HMOs in certain locations and the impact that such

properties were having on these areas. However, many also acknowledged



31

the positive impact HMOs could bring to an area in terms of regeneration, not

only for the physical housing stock but also in consolidating the viability of local

businesses and services such as shopping.

All agreed there was a need to achieve a balance between HMOs and

traditional residential accommodation. The general consensus was that the

upper limit for conversion to multiple occupation should be 30%. This level of

multiple occupation could potentially assist regeneration but at the same time

would not necessarily result in the local community becoming imbalanced. In

situations where Local Planning Authorities in Great Britain have introduced

capping, 30% would generally appear to be the upper limit.

The Department has identified 22 areas in Belfast City Council area where

HMOs are concentrated. These areas are designated as HMO Policy Areas.

The HMO Policy Areas are outlined on the relevant maps.

In each of the 22 HMO Policy Areas the number of HMOs exceeds 30% of

all the dwelling units. Consequently, no further HMO development will be

permitted within the HMO Policy Areas until such times as the proportion of

HMOs falls below 30% of all dwelling units in a Policy Area.

Planning Service, in conjunction with the NIHE, will maintain a database

of HMOs which will monitor the number of HMOs in each Policy Area.

In circumstances where an applicant disagrees with Planning Service’s

assessment on the number of HMOs in a given area or considers that the

property was already an HMO at November 2004 when the Planning (Use

Classes) Order (Northern Ireland) 2004 was introduced, then the applicant will

be afforded an opportunity to provide evidence and demonstrate otherwise.

The number of HMOs within each Policy Area is contained in Appendix 3.

In circumstances where planning permission is dependant upon a change of

use of another property away from HMO, then a legally binding agreement

may be necessary.



32

The level of multiple occupation within an area, whether designated or not, will

be measured by :

• the number of HMOs recorded by the NIHE at November 2004; plus

• the number of HMO development units subsequently approved by the

Department; plus

• the number of extant permissions for HMO development units.

The total number of dwelling units in a Policy Area will be measured by

Ordnance Survey’s Pointer database. The Pointer database includes all

dwellings with an address in Northern Ireland. This assessment will be

undertaken across the individual Policy Area and not on a street by street

basis.

A breach of the 30% limit on further HMO development for existing HMOs

may be acceptable providing it does not give rise to intensification including

an increase in the number of bedrooms. For example, a proposal to convert

an existing eight bedroom HMO to two four bedroom HMO flats may be

acceptable, providing there is no increase in the number of occupants.

The process for the identification of HMO Policy Area designations is based on

mapping the NIHE’s HMO data. This has provided a visual highlight of areas

where HMOs are concentrated. Subsequently, plotting all dwellings in Belfast

using Ordnance Survey’s Pointer data, and overlaying it with the NIHE’s HMO

database, has allowed HMO density to be calculated on a Policy Area basis.

The issues surrounding HMOs, including their detrimental impacts, have

been greater in parts of South Belfast than in any other part of the city. This

area presents a significant challenge not only to Planning Service but also

to developers, landlords, students, local residents, the academic institutions

and the various agencies that provide services in the area. This Subject Plan

will not, in itself, resolve all these issues. Continuing joint working with other

parties will be imperative if the issues are to be fully addressed.



33

Policy HMO 3 HMO Development Nodes

Along the frontages of designated HMO Development Nodes planning permission for HMOs will be granted, providing it does not include HMO development at ground floor level within a designated commercial node or shopping area.

Policy HMO 3 is designed to accommodate the need and demand for HMO

accommodation and direct it to areas where it can contribute to regeneration.

This policy will apply to the following designated HMO Development Nodes

Designation HMO 4 HMO Development Nodes

The following HMO Development Nodes are designated as identified on Map Nos. 1, 2, 4, 5, 6, 7 & 8:

HMO 4/01 Andersonstown RoadHMO 4/02 Antrim RoadHMO 4/03 Antrim Road / Cliftonville RoadHMO 4/04 BallyhackamoreHMO 4/05 Castlereagh Street / Templemore AvenueHMO 4/06 Donegall RoadHMO 4/07 Falls Road / Springfield RoadHMO 4/08 Holywood ArchesHMO 4/09 Mid FallsHMO 4/10 Upper Newtownards RoadHMO 4/11 Woodstock RoadHMO 4/12 Oxford Street / Ann StreetHMO 4/13 Cromac Street / Ormeau AvenueHMO 4/14 Dublin Road / Great Victoria StreetHMO 4/15 College Avenue / Kings StreetHMO 4/16 MillfieldHMO 4/17 Scotch QuarterHMO 4/18 Great Patrick Street / Dunbar Link

Apart from students, much of the demand for HMOs comes from the growing

numbers of single person households and migrant workers. South Belfast is

attractive to such groups for many reasons including the local social life and

ease of access to facilities and services and the availability of privately rented

housing, including affordable HMO accommodation.



34

Private renting is more common in South Belfast but it is relatively expensive

compared to other parts of the city. Many of those currently renting in

South Belfast may be prepared to live in other parts of the city if suitable

accommodation were available in well-serviced areas.

A more geographically dispersed and less concentrated HMO market could be

considered a more sustainable approach. Consequently, HMO Development

Nodes, which meet certain criteria in terms of good public transport, availability

of services and access to facilities, are identified for the development of HMOs

in other areas.

This approach has a number of advantages:

• By easing housing market pressures in South Belfast;

• By promoting regeneration in other areas; and

• By potentially reducing the impact of intensification in areas where HMOs

are already over concentrated.

The higher density residential development resulting from HMOs is

encouraged along these nodes. The Belfast Metropolitan Area Plan (BMAP)

includes an Arterial Routes Strategy that is intended to reflect the drive in

the RDS to enhance the city and reduce the need to travel by car. It is also

intended to assist in the promotion of urban renewal throughout the city.

Furthermore, the Department wishes to encourage restoration of the built

frontage along the Arterial Routes through the development of vacant gap sites

and development opportunity sites.

Many of the HMO Development Nodes are designated along sections of,

or in close proximity to, the city’s Arterial Routes. These routes provide an

opportunity for higher density development, have good public transport

provision and serve as the main transport corridors into and out of the City

Centre. Generally they also have good access to facilities and services.

The designation of HMO Development Nodes along these routes is less likely

to have a direct impact on traditional residential areas. HMO development

and the Living over the Shops (LOTS) concept can consolidate frontages and



35

give greater vitality to these routes. Within designated commercial nodes and

shopping areas, access to HMOs on upper floors from the ground floor within a

designated commercial node or shopping area will be acceptable.

Other HMO Development Nodes are located along or adjacent to the Orbital

Boulevard, as identified in BMAP. The Boulevard surrounds much of the

City Centre and HMO development in these locations would be consistent with

the objectives of the design concept for the Orbital Boulevard. It is considered

that those sections of the Orbital Boulevard designated as HMO Development

Nodes meet a number of criteria including regeneration potential, capacity for

development, access to services and facilities and proximity to shopping.

Policy HMO 5 HMO Development outside designated HMO

Policy Areas and designated HMO Development

Nodes

Outside designated HMO Policy Areas and designated HMO

Development Nodes, planning permission will only be granted for

further HMO development where as a result the number of HMOs does

not exceed 10% of dwelling units on that road or street.

Where such a street or road is in excess of 600 metres in length,

planning permission will only be granted for further HMO development

where as a result the number of HMOs does not exceed 10% of

dwelling units within 300 metres either side of the proposal on that

road or street.

Policy HMO 5 is designed to protect the amenity of residential areas and

promote balanced communities.

Approximately 7%5 of dwellings in Belfast are HMOs. Setting a limit of 10% will

allow a degree of managed and controlled growth in this market. The 10% limit

is considered to be sufficient to accommodate approximately 50% of single

persons under the age of 60 in Belfast City Council Area.

5NIHE Housing Market Analysis



36

In most circumstances the policy can be applied without reference to the 300

metre requirement. The purpose of the 300 metre requirement is to prevent

excessive concentrations on longer streets or roads.

Planning Service, in conjunction with the NIHE, will maintain a database

of HMOs which will monitor the number of HMOs in each Policy Area.

In circumstances where an applicant disagrees with Planning Service’s

assessment on the number of HMOs in a given area or considers that the

property was already an HMO at November 2004 when the Planning (Use

Classes) Order (Northern Ireland) 2004 was introduced, then the applicant will

be afforded an opportunity to provide evidence and demonstrate otherwise. .

In circumstances which are dependant upon a change of use of another

property away from an HMO, then a legally binding agreement may be

necessary. The number of HMOs within each Policy Area is contained

in Appendix 3. The level of multiple occupation within an area, whether

designated or not, will be measured by:

• the number of HMOs recorded by the NIHE at November 2004, plus

• the number of HMO development units subsequently approved by the

Department, plus

• the number of extant permissions for HMO development units

A breach of the 10% limit on further HMO development for existing HMOs may

be acceptable providing it does not give rise to intensification including an

increase in the number of bedrooms or the number of occupants. For example,

a proposal to convert an existing eight bedroom HMO to two four bedroom

HMO flats may be acceptable, providing there is no increase in the number of

occupants.



37

Policy HMO 6 HMO Development

This policy includes change of use of house(s) and flat(s) to HMO(s),

extension / alteration to house(s) and flat(s) used as HMO(s) or new

build as HMO(s) and excludes purpose built student accommodation.

Planning permission will only be granted for HMO development where

all of the following criteria are met:

• Any HMO unit within a Policy Area does not exceed 4 bedrooms;

• Any HMO unit is not wholly in the rear of the property and without

access to the public street;

• The original property is greater than 150 square metres gross

internal floor space when any house is being converted to flats

for HMO use;

• All flats for HMO use are self-contained (i.e. having separate

bathroom, w.c and kitchen available for use only by the

occupiers);

Any approval for HMO development within a Policy Area will be subject

to a condition restricting the number of occupants to 4.

Policy HMO 6 is designed to protect the amenity of residential areas.

The number of bedrooms or occupants is restricted to 4 within an HMO

which is within a Policy Area in order to promote the concept of smaller unit

housing which can be more readily managed and controlled. It also protects

the scale and character of some properties from over-development whereby

the character of the area suffers detrimental change. If a change in the market

should take place in future years, then houses converted to HMO use could be

adapted or returned to family usage if this limit is set.

In order to protect existing housing stock which is still considered suitable

for family occupation, a minimum size limit is placed on houses which will be

permitted for conversion to flats for HMO development. This will be particularly

relevant in streets of traditional two-storey 2 or 3 bedroom properties, which do

not lend themselves to conversion due to the scale and nature of the existing

property.



38

Policy HMO 7 Large Scale Purpose Built Student Accommodation

Planning permission will only be granted for large scale purpose built

student accommodation where all of the following criteria are met:

• Development of any complex consists of a minimum of 50 units

or a minimum of 200 occupants. This will not preclude proposals

for smaller incremental extensions or consolidations of existing

halls of residence and phased development of larger schemes;

• All units are self-contained (i.e. having a bathroom, w.c. and

kitchen available for use only by the occupiers);

• The location is not within a primarily residential area;

• Provision is made for management of all accommodation. This

may require an Article 40 agreement with Planning Service;

• Landscaping and amenity space is provided in accordance

with a landscaping plan indicating all landscaping proposals

for the scheme and, where relevant making provision for future

maintenance.

Policy HMO 7 is designed to facilitate the need and demand for multiple

occupation, protect the amenity of other residential areas and promote

appropriate development of student accommodation.

Purpose built accommodation for students is considered a more suitable form

of accommodation rather than the conversion of terraced dwellings. Currently

Belfast has a lower level of purpose built student housing than most other

major university cities in the UK when the number of such units available is

compared to student enrolment (12% against a national average of 25%). The

Subject Plan, therefore, anticipates that a significantly higher proportion of

student accommodation will be provided by purpose built developments.

Planning Service considers that a number of suitable sites exist which are

currently outside residential areas. Therefore, the impact of such purpose built

accommodation on the physical infrastructure, amenity and character of such

areas will be minimal. Development of such sites for purpose built student

accommodation has the potential to ease the pressure on local housing

markets, particularly in South Belfast, and thereby increase the availability of

traditional housing.



39

APPENDIX 1Map Index



40

APPENDIX 2Associated Documents

1 PAC Report on Independent Examination

2 Plan Adoption Statement

3 Statement under Article 9 of the SEA Directive and Regulation

15 of the Environmental Assessment of Plans and Programmes

Regulations (Northern Ireland) 2004

4 Equality Impact Assessment (EQIA)

5 Statement of Finding of No Likely Significant Effects under

Regulation 64B of the Conservation (Natural Habitats, etc.)

(Amendment) Regulations (Northern Ireland) 2007



41

APPENDIX 3The Number and percentage of HMOs by Policy Area

HMO Policy Area Total

Dwelling

Units

NON

HMO

HMO %

HMO

HMO 2/01 Adelaide 378 233 145 38HMO 2/02 Atlantic 145 77 68 47HMO 2/03 Ballynafeigh 1,655 1134 521 31HMO 2/04 Castleton 118 68 50 42HMO 2/05 Cavehill 277 176 101 36HMO 2/06 Cliftonville 441 219 222 50HMO 2/07 Donegall Road 410 253 157 38

HMO 2/08 Edinburgh Street 690 299 391 57HMO 2/09 Eglantine 1,343 564 779 58HMO 2/10 Fitzwilliam 627 368 259 41HMO 2/11 Harleston 126 77 49 39HMO 2/12 Jameson 136 96 40 29HMO 2/13 Lower Ormeau 389 269 120 31HMO 2/14 Malone 331 192 139 42HMO 2/15 Meadowbank 722 439 283 39HMO 2/16 Mount Charles 222 159 63 28HMO 2/17 Sandymount 202 75 127 63HMO 2/18 South Parade 265 163 102 38HMO 2/19 Stranmillis 790 310 480 61HMO 2/20 Thorndale 108 60 48 44HMO 2/21 Ulsterville 1,089 536 553 51HMO 2/22 Botanic, Holylands, Rugby 2,491 905 1,586 64 Total 12,955 6425 6,530Source: OSNI Pointer Address Data and NIHE HMO database 2008



DRD71290 Subject Pln Cover.indd 4 3/12/08 05:02:21