Newport Council's Bold Move: What the HMO "Decline to Determine" Decision Means for Social Housing

Imagine submitting a planning application, only for the council to refuse to even consider it. That's exactly what happened in Newport this month, as the city council made waves with its controversial "decline to determine" decision on a proposed HMO (House in Multiple Occupation). This unprecedented move sends shockwaves through the social housing sector and raises critical questions about local authority powers, housing shortages, and community impact.

The Newport Case: A Breakdown

Newport City Council exercised its rarely-used power under Section 70A of the Town and Country Planning Act 1990 to decline determining a planning application for an HMO conversion. While the council hasn't publicly detailed all reasons, sources suggest concerns included:

• Overconcentration of HMOs in the area
• Potential negative impact on community cohesion
• Insufficient supporting documentation from the applicant
• Alignment with local housing strategy priorities

Understanding "Decline to Determine" Powers

This little-known planning mechanism allows local authorities to refuse to consider applications that would normally require determination. Key circumstances where this might apply include:

When Can Councils Use This Power?

• When previous similar applications were refused within the last two years
• When the proposal contradicts adopted local plan policies
• When insufficient information is provided to make a proper assessment

For housing professionals, this case highlights the importance of thorough pre-application engagement with councils. Our Resources section offers valuable guidance on navigating complex planning processes.

Broader Implications for Social Housing

This decision comes at a time when the UK faces an acute housing crisis, with government statistics showing rising homelessness rates. The Newport case creates several important considerations:

1. Local Authority Strategies

Councils are increasingly taking assertive approaches to housing management. Many are implementing Article 4 directions to control HMO proliferation, particularly in university towns and city centres.

2. Housing Provider Challenges

Registered Social Landlords (RSLs) and housing associations must now pay even closer attention to local planning policies. Proactive engagement with councils through platforms like our Service Providers network becomes crucial.

3. Community Impact Balancing

As highlighted in our Social Home blog, successful housing strategies must balance immediate needs with long-term community sustainability. The Newport decision suggests some councils may prioritise neighbourhood character over housing density.

Actionable Insights for Housing Professionals

What lessons can we draw from Newport's approach? Here are key takeaways:

For Housing Associations and RSLs:

• Conduct thorough pre-application research on local HMO policies
• Engage early with council planning departments
• Consider alternative housing models where HMOs face resistance

For Council Housing Teams:

• Clearly communicate local planning priorities
• Develop transparent criteria for "decline to determine" decisions
• Work collaboratively with supported housing providers to find solutions

For NHS and Support Services:

• Understand how housing decisions impact patient outcomes
• Collaborate with housing providers through platforms like Social Home
• Advocate for housing solutions that support health initiatives

The Bigger Picture: Housing Policy Crossroads

This case occurs against a backdrop of national debate about housing solutions. The National Planning Policy Framework encourages housing delivery, while local authorities grapple with community concerns. Key tensions include:

• Balancing housing need with neighbourhood character
• Managing student housing demands in university cities
• Addressing exempt accommodation challenges

For professionals navigating these complexities, our Exempt Accommodation resources provide valuable guidance.

Conclusion: Key Takeaways

The Newport decision represents a significant moment in UK housing policy, highlighting:

• The growing assertiveness of local authorities in housing matters
• The need for housing providers to adapt strategies to local contexts
• The importance of collaborative approaches between councils, housing associations and support services
• The evolving balance between housing delivery and community sustainability

As housing professionals, we must stay informed about these developments and adapt our approaches accordingly. The Newport case serves as both a warning and an opportunity - a chance to rethink how we deliver housing solutions that work for everyone.