Certificate granted for Fratton HMO despite fears over housing standards

Portsmouth planners, councillors and campaigners weighed in on a controversial and legally complex application concerning a House in Multiple Occupation (HMO) on Sheffield Road, Fratton.

Portsmouth City Council has granted a Certificate of Lawful Development (CLD) for 1 Sheffield Road, a shared house used as student accommodation. The certificate officially changes the property’s use class from C3 (standard residential) to C4 (HMO).

As this was not a planning application, the planning committee could not assess whether the property should be used as an HMO. Instead, officers were required to apply a legal test to determine if the building had continuously operated as an HMO for the last ten years - a test the applicant was found to have met.

Local campaigner Jacob Short, giving a deputation, warned that approving the CLD would “undermine” HMO standards, citing concerns over limited communal space and the cumulative impact on Sheffield Road. “It makes a mockery of the democratic planning process that residents are told they can trust,” he said.

According to the council’s HMO database, there are currently 24 HMOs on Sheffield Road. Mr Short claimed approval would result in five HMOs in a row on the street.

Simon Fletcher, who has let the property to students since 2008, explained that until April 2010, all shared housing fell under the C3 category, until the legal creation of the C4 class. Although many properties were automatically reclassified, an Article 4 direction issued by the council in 2011 meant planning permission was required for this property.

Mr Fletcher clarified that while the application was not necessary to continue the lawful use of the house, it was submitted “to meet buyers’ needs” as he plans for retirement. He criticised the decision being brought to committee by Councillor Russell Simpson, arguing that the legal test is straightforward and committee input is not required.

Councillor George Fielding echoed this, stating the decision was “an evidential matter” however, he acknowledged frustration with a system that can allow substandard properties to secure a CLD.

Chief planner Ian Maguire reminded the committee that HMO standards are enforced through the licensing system, not planning, and confirmed the property has a valid licence until 2028.

“There is no risk that you are in some way condoning, albeit you have no legal choice but to, a sub-standard HMO,” he said. “It is an entirely licensed and acceptable HMO.”

He concluded: “Officers have assessed the evidence and are giving you, I hope, a quite clear and firm recommendation that there is no grounds to do anything but to certify this longstanding licensed HMO in the city.”