Erewash Borough Council has confirmed plans to introduce an Article 4 Direction to control the rapid spread of Houses in Multiple Occupation (HMOs) across Ilkeston. However, the changes will not take effect until May 2027.
The new rules will remove the automatic permitted development right that currently allows a standard house to be converted into a small HMO for 3 to 6 people without needing planning permission. The delay means this loophole will remain open for at least another 18 months.
Why Ilkeston has been hit so hard
According to the council’s own evidence, Ilkeston has become a target for HMO developers because it is now surrounded by areas that already have Article 4 protection in place, including Nottingham, Broxtowe, Derby and Derbyshire Dales.
With those areas closed off, developers have turned to Ilkeston’s older terraced streets where conversions can still take place without planning oversight.
Residents have repeatedly questioned why Erewash did not act sooner, given that neighbouring councils introduced Article 4 several years ago.
Developers turning 2 bed homes into 6 bed HMOs
The council’s evidence highlights the way some developers are maximising the number of lettable rooms by reconfiguring homes. Living rooms are being turned into bedrooms, lofts converted and rear extensions added under permitted development rights.
This means traditional 2 bed houses are becoming 5 and 6 bed HMOs, increasing occupancy on streets never designed for this level of demand. The result is more cars, more bins, more noise and additional pressure on already stretched neighbourhoods.
The East Street example
A recent case on East Street shows how the current loophole is being used.
A seven bed HMO proposal at 32 East Street was previously refused. However, the developer has now submitted a fresh application for a six bed, six person HMO, arguing that it falls within permitted development rules for a change from a C3 dwelling to a small C4 HMO.
This demonstrates how a refusal does not necessarily prevent a property from being converted. A developer can simply revise the layout and pursue a 6 bed scheme with no planning application required.
Eyres Garden raises the same question
Earlier this month, Erewash Borough Council refused plans for an eight bed HMO at 44 Eyres Garden.
But with the permitted development loophole still open until May 2027, the question now being asked is simple:
Will the developer return with a six bed arrangement that does not require planning permission at all?
This uncertainty is exactly what residents say they want the council to address sooner.
Areas covered by the new Article 4 Direction
The Article 4 Direction will apply to:
Most of Ilkeston Kirk Hallam Southern Sandiacre Central and Eastern Long Eaton Eastern Sawley
A public consultation will take place before the direction is confirmed.
What changes and what does not
From May 2027 onwards, any new small HMO in the designated areas will require full planning permission. This will give the council the ability to refuse unsuitable conversions and allow residents to raise concerns during the planning process.
However, existing HMOs will remain, and developers can continue to use current rules to convert homes into 3 to 6 person HMOs until the Article 4 Direction comes into force.
A long wait for change
For many residents, the Article 4 Direction is a welcome step, but the long delay means Ilkeston may continue to face pressure from HMO conversions throughout 2026 and early 2027.
With developers already adapting their plans to take advantage of permitted development rules, the next 18 months will be crucial in determining how much of Ilkeston’s remaining family housing stock can be protected before the new rules finally arrive.
Ilkeston News will continue to follow the story as consultation details are released.