Four identical houses on St John Street were converted into shared homes for up to five people each in 2019 and have been lawfully let to tenants as HMOs since then. But now the rules changed and planning permission is needed to continue the present use of the houses.
In use as HMOs since 2019 when permission was not required
A certificate of lawful development is being sought for an entire row of terraced homes in Pemberton to be classed as HMOs to house up to 20 people.
The four identical houses on St John Street were converted into shared homes for up to five people each in 2019 and have been let to tenants as HMOs since then.
At that time the change of use from a house to a small HMO of between three and six people was classed by Wigan council as permitted development and so did not require planning permission.
That changed in August, 2025 Wigan council introduced what is known as an Article 4 direction.
The policy removed permitted development rights for the change of use from a house to a small HMO for four to six people, on a borough wide basis.
The council had previously introduced an Article 4 direction in Swinley and in central Leigh in 2020 but last year the council said ‘there is strong justification to expand the areas covered’.
The applicant for ‘lawful development’ of the St John Street houses is Wigan based Abbey Properties.
Lawful development as the rules were different when the conversion took place
It has requested a certificate of lawful development to confirm that the four properties were converted to HMOs prior to the introduction of the Article 4 Direction.
Its application states:
The change of use to small HMOs took place in 2019 after due consultation with Wigan council who also carried out a physical inspection to assess suitability for use as HMOs.
I retain documentary proof of the consultation and review.
It was advised that I did not require a licence for up to six people.
Recommendations to bring the properties up to licensable HMO standard were made by Wigan council.
These recommendations were implemented and the buildings have since then been lawfully used as small HMO as was allowed then.
I understand that a change came about in August 2025, more than six years later, bringing the Pemberton area under Article 4 direction.
I am advised to apply for a lawful development certificate from Wigan Council.
The application said that each house in the row of four HMOs ‘has three regular rooms for single occupancy and one large studio room that is used for a single or couple’.
Four or five people per house, under the 6-occupant limit
It added that since 2019 occupancy has mostly been four people, with at other times five people occupying the HMOs due couples using the studio flat.
The application said ‘this was permitted use under the prevailing HMO policy for the Pemberton area that existed and allowed up to six occupants without the need for a licence’.
The applicant said copies of tenancy agreements dating from 2019 had been provided to ‘demonstrate that use as a small HMO started then and continued uninterrupted until now’.
Among the published objections to the application on the Wigan council planning portal are submissions from councillors Gemma Painter and Lee Moffitt.[For clarification: Moffit owns a company that manages HMOs in Wigan and Painter works for him]
The objection:
Coun Painter said:
I have concerns over this for a couple of reasons
As per the Wigan council HMO supplementary planning document (SPD) states that there are restrictions for no more than three adjacent properties being used as a HMO.This application states four terrace properties and therefore would not meet requirements .
The owner has also confirmed in the application that the property has been used to house five people during the period since 2019 – to date .
Yet no HMO licence is in place.
As stated in the SPD all properties that are occupied by five people of more are subject to mandatory HMO licensing.
The fact that the HMO has been allowed to be used during the period housing five occupants with no licence would suggest the council have lost complete control of the HMO situation in the borough.
A decision on the application will be made by Wigan council in the coming weeks.
By Local Democracy Reporter Chris Gee.
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