Houses in Multiple Occupation (HMO) Update

• 24th June 2025
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• mkaplanning

The refusal last week by the Derry City and Strabane’s Council (DCSC)  Planning Committee (PC) of two applications for Houses in Multiple Occupation (HMO) at Clarendon Street and Aberfoyle Terrace in Derry on the basic of new HMO policies set out in the new Local Development Plan (LDP) – Plan Strategy has attracted significant attention.

Over the last 1-2 years there has been  significant objection and public concern from residents in the lower Rosemount area over the impacts of HMO’s on this predominantly single family area.  

However, it is ironic that the two HMO’s refused are not situated in the Lower Rosemount area, had no objections from any residents, are not located in areas dominated by single family dwellings and, specifically, in terms, of Clarendon Street, is located within the commercial core and an area dominated by offices.

There are a number of planning issues that arise from the use and operation of these new LDP HMO policies and the evidence base used to support these policies that require detailed consideration.

Belfast has had a HMO Subject Plan since 2015 and the Local Development Plan (LDP) HMO policies draw heavily from the approach and policies set out in this publication.

It is likely that these refusals and the HMO policies they have based on are likely to be tested at planning appeal.

This Practice has been successful in getting HMO’s approved across the City and have got HMO’s approved at planning appeal in Lawrence Hill, Grafton Street and Grafton Terrace where the Planning Appeals Commission awarded Costs against the Council.

This Practice has also for the last two years successfully avoiding having to apply for planning permission for HMO’s by successfully submitting and obtaining Certificates of Existing Lawful Development (CLUED)  for existing HMO’s which have been operating continuously for over 5 years and are now immune from enforcement action.

Anyone who has an existing HMO or has a pending planning application for a HMO should now take professional planning advice.