New HMO application submitted for St Mary Street after earlier refusal
A new planning application has been submitted for 5 St Mary Street, Ilkeston, relating to the use of the property as a shared house (HMO).
This follows an earlier planning application for the same property that was refused in 2024.
What is this new application about?
This time, the owner is not asking for new planning permission.
Instead, they are asking the council to confirm that the property is already being used legally as a House in Multiple Occupation (HMO).
This type of application is known as a lawful development certificate. In simple terms, it asks the council:
“Based on the rules at the time, was this allowed without planning permission?”
The application states that:
- Building work started in January 2025
- The house began being used as a shared home in October 2025
- The use falls into the category of a small HMO
If approved, the certificate would confirm that the shared housing use is lawful and can continue.
Earlier application was refused
In November 2024, councillors refused a previous planning application for the same address.
That proposal included:
- A five-bedroom HMO
- A rear extension
- A separate flat
The council refused it mainly because the garden space would have been too small, especially once divided between different households. They concluded this would lead to poor living conditions for future residents.
The new application avoids those issues by not asking to build or extend. Instead, it focuses solely on whether the current use already falls within what was allowed under planning rules at the time.
Bigger picture: Article 4 and why applications are increasing
This application also reflects a wider pattern being seen across Ilkeston and Erewash in 2026.
Erewash Borough Council has finally agreed to introduce an Article 4 Direction, which will remove permitted development rights for HMOs in certain areas. Once in force, this means:
- Changing a family home into an HMO would require full planning permission
- Councils would have greater control over where HMOs are allowed
However, Article 4 will not come into effect until March 2027.
Until then:
- Some HMOs can still be created without full planning permission
- Developers and landlords are expected to submit applications quickly before the rules tighten
As a result, residents may see a rise in HMO-related and lawful development applications during 2026, as property owners seek to secure uses under the current system.
What say do residents have?
Lawful development applications work differently from normal planning applications.
- The council cannot judge whether the use is desirable
- It can only assess dates, evidence, and planning law
- If the use was lawful when it started, the council must approve it
There is also no public consultation in the usual sense.
What happens next?
Erewash Borough Council will now decide whether the evidence shows the property’s use as an HMO is lawful.
Ilkeston News will continue to follow this application – and others like it – as the March 2027 Article 4 deadline approaches.