A property on St Mary Street in Ilkeston has been formally recognised as a lawful shared house for up to six people – after an earlier planning application for the site was refused.
Erewash Borough Council has issued a Certificate of Lawful Development for 5 St Mary Street, confirming the building’s use as a house in multiple occupation (HMO) falls within permitted development rights.
This means the council has accepted that, under existing planning rules, the change from a single home to a six-person shared house was allowed and does not require full planning permission.
What’s the Background?
Residents and neighbours will recall that an earlier planning application on this property was turned down in late 2024. That proposal involved changes to the building that the council deemed inappropriate, including a rear extension and subdivision into a five-bed HMO with a separate flat.
In contrast, the new submission did not ask for planning permission – it asked the council simply to declare the existing use lawful based on what had already been done.
Documents lodged with the council show building work started early in 2025, and the house began being let as shared accommodation later that year.
So What Changes Now?
With the certificate issued:
- The shared use of the property for up to six residents is now formally acknowledged.
- The council cannot take enforcement action against the current use.
- It does not grant permission for more than six occupants – larger HMOs still require full planning approval.
It’s essentially the council saying: “This situation, as it stands, is covered by the rules that apply right now.”
Article 4 Reminder – and Why This Matters
Erewash Borough Council has approved an Article 4 Direction aimed at giving itself more control over the spread of HMOs in local neighbourhoods. But that change won’t come into legal force until 2027.
Until then, many small HMOs can be created under permitted development rights, meaning owners don’t have to go through the full planning application process. The council’s own planning pages suggest this has led to a rise in HMO-related applications in 2026 as landlords seek to secure uses before the tighter rules arrive.
What Residents Should Know
Lawful development certificates like this one work differently to standard planning applications.
The council’s role is limited to checking whether what’s already happened fits the regulations. It is not allowed to refuse on grounds such as parking pressure, noise or local character – common concerns in previous HMO debates.
As before, Ilkeston News will continue to follow HMO developments across the town centre as the Article 4 deadline approaches.