Minutes:
The HMO Manager provided the Committee with an overview of the application.
He outlined that the property had had the benefit of an HMO licence issued by the Council with a start date of 11th January, 2021, with an expiry date of 11th January, 2026, in the name of the existing owner.
A reminder letter had been sent to the existing owner informing them that they were required to renew the licence before the expiry of the exiting one.
The Committee was advised that an application for a new HMO licence was received from the applicant on 19th March, 2026.
An application for a Temporary Exemption notice (TEN) was received on 23rd January, 2026, and granted on 26th January, 2026, with an expiry date of 26th April, 2026. The TEN had subsequently been extended until 27th June, 2026.
The HMO Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was satisfied that:
a) the occupation of the living accommodation as an HMO would not constitute a breach of planning control;
b) the owner, and any managing agent of it, were fit and proper persons;
c) the proposed management arrangements were satisfactory;
d) the granting of the licence would not result in overprovision of HMOs in the locality;
e) the living accommodation was fit for human habitation and—
i. was suitable for occupation as an HMO by the number of persons to be specified in the licence, or
ii. could be made so suitable by including conditions in the licence.
The Planning Service had confirmed that a Certificate of Lawful Existing Use or Development (CLEUD) was granted on 3rd March, 2026.
It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to nighttime and daytime noise; the Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years.
For the purpose of Section 12(2) of the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/22 Botanic, Holylands, Rugby” as defined in the document Council’s Local Development Plan Strategy, which was formally adopted in May, 2023. It was reported that Legal Services had advised that there was a clear requirement in section 8 of the 2016 Act upon the Council to be satisfied that the granting of a licence would not result in overprovision.
The officers had had regard to:
a) the number and capacity of licensed HMOs in the locality; and
b) the need for housing accommodation in the locality and the extent to which HMO accommodation was required to meet that need.
To inform the Council in its consideration of the above provisions, the Council had taken account of the 2023 Strategy given that “Nurturing sustainable and balanced communities was a fundamental aim of the LDP’s housing policies.” In particular, the Council had considered Policy HOU10, which stated:
“Within designated HMAs, planning permission will only be granted for Houses in Multiple Occupation (HMOs) and/or flats/apartments where the total number of HMOs and flats/apartments combined would not as a result exceed 20% of all dwelling units within an HMA.”
The Committee was advised that, on the date of assessment, 5th May, 2026, 88% of all dwelling units in policy area HMA 2/22 were made up of HMOs and flats/apartments, which in turn exceeded the 20% development limit as set out in Policy HOU10. There were 1123 (44%) licensed HMOs with a capacity of 294 persons in that HMA.
It was outlined that there were a total of 2545 dwelling units in HMA 2/22. The Members were advised that, on 5th May, 2026, out of 291 premises available for rent within the BT7 area, there were 167 licensed HMOs which represented 671 bed spaces.
The Committee was advised that the fact that the use of the property as an HMO was permitted for planning purposes was a relevant consideration in determining whether the granting of the licence would result in overprovision.
The Houses in Multiple Occupation Manager reminded the Committee that there was a need for intensive forms of housing and, to meet that demand, HMOs were an important component of the housing provision. HMOs, alongside other accommodation options within the private rented sector, played an important role in meeting the housing needs of people who were single, who had temporary employment, students, low-income households and, more recently, migrant workers.
He explained that, in assessing the number and capacity of licensed HMOs, as well as the need for HMO accommodation in the locality, officers could not be satisfied that the granting of the HMO licence would not result in overprovision of HMO accommodation in the locality of the accommodation for the purpose of section 8(2)(d) of the 2016 Act.
The Committee was advised that one letter of objection, with two letter of support had been received in relation to the application. It was also reported that the accommodation had been inspected by the NIHMO service, on 12th January, 2026, at which time had it complied with the physical standards for an HMO for five persons.
On 5th May, 2026, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, officers had issued a Notice of Proposed Decision to the applicant, stating that it proposed to refuse the licence on the grounds of over provision.
The applicant had responded and advised that she opposed the decision and wished to appear before the Committee.
The Chairperson welcomed the applicant to the meeting. She advised the Committee that the property had operated as an HMO for approximately 20 years. Therefore, granting the licence would not increase the concentration of HMOs within the area but would simply allow the continuation of an established and longstanding use. The property had consistently functioned responsibly as shared accommodation and had formed part of the local housing provision for many years.
She explained that there was an assumption that HMO accommodation in the area was occupied predominately by students, but this was not her experience at the property. She stated that she had personally managed the property for the past 11 years and, during that time, it had primarily been occupied by young professionals. She referred to the reminder which had been sent by the Council and indicated that she had not received a copy. She concluded by requesting the Committee to approve the granting of the licence.
He response to a question from a Member, the HMO Unit Manger advised that the Council was not required to issue renewal letters.
After discussion, it was
Moved by Councillor McKay
Seconded by Councillor P. Donnelly and
Resolved – that the Committee agrees to refuse the application as, in accordance with Section 12 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, it could not be satisfied that the granting of the HMO licence would not result in overprovision of HMO accommodation in the locality of the accommodation, as determined under section 8(2)(d) of the Act.