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Houses in Multiple Occupation (HMOs) Subject Plan for
Belfast City Council Area 2015
December 2008
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This document can be made available on request in large print, disc, Braille and audiocassette. The Department’s textphone number is 028 90540642 to assist the hearing impaired. The document may also be made available in another language and is available on our website, www.planningni.gov.uk.
All Associated documents (see Appendix 2) are also available on this website
Photo Credits: Various photographs courtesy of Belfast Visitor and Convention Bureau
All maps are reproduced by permission of the Ordnance Survey of Northern Ireland on behalf of the Controller of Her Majesty’s Stationery Office, Crown Copyright Reserved 2008.
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Contents PagePreamble 2Part 1 Introduction 10
1. 1 Definition 101. 2 Plan Area 111. 3 Plan Purpose 111. 4 Plan Aim 121. 5 Policy Context 121. 6 Relationship with Other Public Sector Bodies 171. 7 Additional Issues 20
Part 2 Housing Need and Context 212.1 Factors influencing the Housing Market 212.2 Geographic Distribution 232.3 Housing Choice 24
Part 3 Plan Strategy and Policy Framework 253.1 The Issues 253.2 Plan Strategy 253.3 Policy Framework 28
• Policy HMO 1- HMO Policy Areas 30• Designation HMO 2 - HMO Policy Areas 30• Policy HMO 3 - HMO Development Nodes 33• Designation HMO 4 - HMO Development Nodes 33• Policy HMO 5 - HMO Development outside HMO Policy
Areas & HMO Development Nodes 35
• Policy HMO 6 - HMO Development 37• Policy HMO 7 - Purpose Built Student Accommodation 38
AppendicesAppendix 1 Map Index 39Appendix 2 Associated Documents 40Appendix 3 HMOs by Policy Area 41
MapsMap No. 1 Inner East BelfastMap No. 2 Outer East BelfastMap No. 3 South Belfast (East) Map No. 4 South Belfast (West) Map No. 5 Inner West BelfastMap No. 6 Outer West BelfastMap No. 7 North BelfastMap No. 8 Belfast City Centre
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Preamble
The Houses in Multiple Occupation (HMOs) Subject Plan for Belfast City
Council Area 2015 (hereafter referred to as the Subject Plan) is a development
plan prepared under the provisions of Part III of the Planning (Northern Ireland)
Order 1991 by the Planning Service, an agency within the Department of the
Environment (DOE).
The Draft Belfast Metropolitan Area Plan 2015 (BMAP) was published
in November 2004, and set out criteria for Conversion of Buildings for
Multiple Occupation under Policy HOU 6. Representations, received during
public consultation on BMAP suggested the policy did not go far enough in
addressing the issues relating to HMOs and, in particular, lacked a spatial
dimension. The Subject Plan has been prepared in response to these
representations, together with emerging concerns regarding the impact of
HMOs.
A Notice of Intention to prepare the Subject Plan was given to Belfast City
Council on 30 June 2005. The Notice was published in the regional and local
press during the weeks commencing 27 June and 4 July 2005. The Notice
invited individuals and interested parties to submit initial comments on key
issues which the Department should consider in preparing the Subject Plan.
The Department published the Subject Plan Issues Paper on 15 August
2005 in order to assist and inform the consultation process. The Issues
Paper sought to stimulate debate and discussion focused on those issues of
significance that would shape the preparation of the Draft Subject Plan.
All comments received following the initial press notices in June and July 2005
were considered by the Department in the preparation of the Draft Subject
Plan.
The Subject Plan has been prepared by an in-house planning team within
the DOE Planning Service and the process has been informed by the Inter-
Agency Strategic Group set up by Belfast City Council. Input was also received
from the various Departments within the City Council (Environmental Health,
Cleansing Services, Pollution and Noise Control, Building Control and Waste
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Management) and other Agencies/Government Departments, including the
Police Service for Northern Ireland (PSNI), NIO Community Safety Unit and
Universities. The Subject Plan also takes account of the Housing Market
Analysis undertaken by the Northern Ireland Housing Executive (NIHE).
The Draft Subject Plan was determined by the Department for Regional
Development, in accordance with Article 28(3) of the Planning (Amendment)
(Northern Ireland) Order 2003, to be in general conformity with the Regional
Development Strategy (RDS).
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The Department published the Draft Subject Plan on 27 June 2006. A total of
129 letters of objection were received during the statutory public consultation
period that followed its publication.
The Department asked the Planning Appeals Commission (PAC) to facilitate
an Examination in Public to consider objections to the Draft Subject Plan. The
Examination was conducted over 2 days from 1 to 2 October 2007. The PAC
forwarded its report on the Examination to the Department on 18 March 2008.
The recommendations contained in the PAC Report have been fully assessed
by the Department and revisions to the Subject Plan made accordingly. Full
details of the Department’s response to the PAC recommendations are set out
in the Plan Adoption Statement.
The Department is now publishing the Subject Plan. This document,
comprising a written statement and maps, incorporates the amendments
outlined in the Plan Adoption Statement and replaces the previous draft
version of the Subject Plan. There are other Associated Documents published
at the same time as this Subject Plan and they are listed in Appendix 2.
The accompanying maps illustrate Subject Plan Proposals within the Belfast
Council Area.
In case of any contradiction between the Written Statement and any maps
accompanying the Subject Plan the provisions of the Written Statement will
prevail.
The Subject Plan Proposals should not, therefore, be read as the only tests
of acceptability for development proposals. The Subject Plan Proposals sit
alongside, but do not supersede, prevailing regional planning policy as set out
in the RDS and Planning Policy Statements (PPSs). In making its decisions
the Department will assess proposals against all planning policies and other
material considerations that are relevant to it. In particular, the Subject Plan
should be read in association with the Plan Proposals contained in BMAP.
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The contents of the Subject Plan must, therefore, be read in conjunction with
the relevant contents of regional planning policy publications, supplementary
planning guidance documents and policy publications of other Government
Departments.
In bringing forward proposals for planning permission, applicants must,
therefore, take account of the content of prevailing regional policy guidance, in
addition to the specific policies and proposals contained in the Subject Plan.
Nothing in the Subject Plan should be read as a commitment that public resources will be provided for any specific project.
Unless otherwise stated, all references in the Subject Plan to the ‘Department’
refer to the Department of the Environment.
Strategic Environmental Assessment
European Directive 2001/42/EC requires a Strategic Environmental
Assessment (SEA) of a wide range of plans and programmes, including
development plans. The objective of the ‘SEA Directive’ is to provide for a high
level of protection of the environment and to contribute to the integration of
environmental considerations into the preparation and adoption of plans with a
view to promoting sustainable development.
The Environmental Report in respect of the SEA of the Subject Plan Proposals
was published as a supporting document to the Draft Subject Plan.
A statement in accordance with Regulation15 of the Environmental
Assessment of Plans and Programmes Regulations (Northern Ireland) 2004 is
published as a supporting document to the Adopted Plan.
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Statement of Finding of Likely Significant Effects
Regulation 64B of the Conservation (Natural Habitats, etc) (Amendment)
Regulations (Northern Ireland) 2007 states that any plan or project likely
to have a significant effect on a Natura 2000 site shall be subject to an
assessment of its implications for the site in view of the site’s conservation
objectives. Accordingly, the Draft Subject Plan Proposals and the PAC
recommendations, both individually and in combination with the proposals
contained in the Houses in Multiple Occupation (HMOs) Subject Plan for
Belfast City Council Area 2015, have been subjected to a Test of Likely
Significance (TOLS). Three designated and one proposed Natura 2000 sites
and two Ramsar sites were identified that could potentially be affected by the
implementation of the Subject Plan, namely:
• Belfast Lough Special Protection Area;
• Belfast Lough Open Water Proposed Special Protection Area;
• Belfast Lough Ramsar Site;
• Lough Neagh and Lough Beg Special Protection Area;
• Lough Neagh and Lough Beg Ramsar Site: and
• Eastern Mournes Special Area of Conservation.
The TOLS has confirmed that there is no likely significant impact on any of the
designated or proposed Natura 2000 or the Ramsar sites. It is not, therefore,
necessary to carry out an Appropriate Assessment.
A ‘Statement of Finding of No Likely Significant Effects’ in accordance with
Regulation 64B of the Conservation (Natural Habitats, etc) (Amendment)
Regulations (Northern Ireland) 2007 is published with the Adopted Subject
Plan.
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Equality of Opportunity
The Northern Ireland Act 1998 has placed the following statutory requirement
on each public authority:
1. To carry out their functions with due regard to the need to promote equality
of opportunity:
(a) Between persons of different religious belief, political opinion, racial
group, age, marital status or sexual orientation;
(b) Between men and women generally;
(c) Between persons with a disability and persons without; and
(d) Between persons with dependants and persons without.
2. Without prejudice to its obligations under subsection (1) a public authority
shall, in carrying out its functions relating to Northern Ireland, have regard
to the desirability of promoting good relations between persons of different
religious belief, political opinion or racial group.
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The Subject Plan has been subject to an Equality Impact Assessment (EQIA)
in line with the statutory obligation contained in Section 75 of the Northern
Ireland Act 1998. The EQIA which was published with the Draft Subject Plan
indicated that the Subject Plan is unlikely to have any significant adverse
implications for equality of opportunity or community relations.
Having considered the representations received in relation to this document,
the EQIA is published with the Adopted Subject Plan and contains the
Department’s response to those representations.
Anti-Poverty and Social Inclusion Strategy
The Department is committed to implementing the Government’s Anti-Poverty
and Social Inclusion Strategy for Northern Ireland, which involves tackling
poverty and social exclusion by targeting efforts and available resources
towards people, groups and areas objectively defined as being in social
need. This requires the application of objective measures to identify where
deprivation occurs and then targeting existing and new spending to more
effectively address the needs of the most deprived peoples and areas.
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Planning Service is not a major spending Agency. However, one of the main
functions of a development plan is to facilitate development and create a
land use framework that will allow investment to take place. The Subject Plan
seeks to apply the Anti-Poverty and Social Inclusion Strategy through specific
objectives, policies and proposals.
Review of Public Administration
In March 2008, the Environment Minister announced the key decisions
on the future shape of local government flowing from the review of the
local government aspects of the Review of Public Administration (RPA).
The announcement confirmed the
rationalisation of the current 26 local
government districts to create 11 new local
government districts by 2011. These
decisions were seen as representing a
solid foundation for the development of
strong, effective local government that
would deliver a broader range of services,
including a significant range of planning
functions.
In relation to planning, the changes announced will see Northern Ireland move
away from the current unitary system, where the Department sets policy and
also prepares development plans and deals with all planning applications,
to a two-tier planning system similar to that in England, Scotland, Wales
and the Republic of Ireland. Following the implementation of the RPA, local
government will have responsibility for the majority of key planning functions,
including local development planning; development management (excluding
regionally significant applications); enforcement and a range of other functions.
Central government will retain responsibility for functions such as regional
strategic planning, planning policy, legislation, and determination of regionally
significant applications.
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Part 1 Introduction
1.1 Definition
The Planning (Use Classes) Order (NI) 2004 includes Houses in Multiple
Occupation as a sui generis use. This means that a change of use to a HMO
requires planning permission in all instances.
This Subject Plan applies to HMOs as defined in Article 75 of the Housing (NI)
Order 19921 and repeated in Article 2(1) of the Planning (Use Classes) Order
(NI) 2004.
1Article 75 of the Housing (NI) Order 1992 was amended by Article 143(1) of the Housing NI Order 2003.
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Paragraphs (1) and (1A) of Article 75 of the Housing (NI) Order 1992 provide:
“(1) . . .house in multiple occupation” means a house occupied by more than 2
qualifying persons, being persons who are not all members of the same family.
(1A) In paragraph (1) “qualifying persons” means persons whose only or
principal residence is the house in multiple occupation, and for that purpose
a person undertaking a full time course of further or higher education who
resides during term time in a house shall,
during the period of that person’s
residence, be regarded as residing there as
his only or principal residence.”
For the purposes of this Subject Plan, a HMO
is an individual dwelling unit, whether a house
or a flat/ apartment.
This Subject Plan does not apply to use
for any purpose set out in Class C1 of the
Planning (Use Classes) Order (NI) 20042
1.2 Plan Area
The Subject Plan covers the council area of Belfast City Council.
1.3 Plan Purpose
The purpose of the Subject Plan is to inform the general public, statutory
authorities, developers, and other interested bodies of the policy framework
that will be used to guide planning decisions in relation to HMOs within Belfast
City Council Area over the Plan period.
2The uses specified in Class C1 of the Planning (Use Classes) Order (NI) 2004 are use as a dwellinghouse - (a) by a single person or by people living together as a family or (b) by not more than 6 residents living together as a single household where care is provided for residents.
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1.4 Plan Aim
The overall aim of the Subject Plan is to provide a planning framework
for HMO Development which is in general conformity with the Regional
Development Strategy (RDS) in facilitating sustainable growth and a high
quality of development in the Plan area throughout the Plan period, whilst
protecting and, where appropriate, enhancing the natural and man-made
environment.
1.5 Policy Context
Regional Development Strategy
The RDS for Northern Ireland 2025 ‘Shaping Our Future’ provides a strategic
planning context for planning policy and the preparation of development plans.
It sets new directions to achieve a more sustainable pattern of development in
the interests of future generations.
The RDS contains a Spatial Development Strategy and related Strategic
Planning Guidelines that aim to provide a strategic focus that will guide
future development in order to provide a balanced and equitable pattern of
sustainable development across the Region. Within this context the RDS
recognises the need to create a thriving Metropolitan Area centred on a
revitalised city of Belfast (SPG-BMA1). The RDS also promotes urban
renaissance in the cities and towns through the use of previously developed,
undeveloped and underused lands within the ‘urban footprint’ for housing
development and encourages the re-use of existing buildings. (HOU 4.2)
The RDS recognises that in meeting housing needs, the development of
balanced communities is encouraged by promoting a mix of housing tenures
and types and the creation of quality built environments which contribute to the
achievement of safe, complete and balanced communities for people to live in.
(SPG-HOU 6).
The RDS also promotes imaginative and innovative forms of housing
development within urban areas (SPG-HOU 5), by encouraging an increase
in the density of urban housing appropriate in scale and design to the cities
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and towns of Northern Ireland. It
states that achieving an overall
increase in town densities must
not be interpreted as a mandate
to force over-developed and
unsympathetic housing schemes
into established residential areas
and concludes that the overriding
objective has to be to avoid
any significant erosion of the
environmental quality, amenity
and privacy enjoyed by existing
residents.
Planning Policy Statements
Planning Policy Statements (PPSs) set out the policies of the Department on
particular aspects of land use planning and apply to the whole of Northern
Ireland. Their contents have informed the Subject Plan preparation and the
Plan Proposals and they are material to decisions on individual planning
applications and appeals within the Plan area.
The Department has a rolling programme for preparation of new PPSs and
review of existing PPSs. Such statements may from time to time be revised to
take account of changing circumstances, including experience gained through
the development planning and development control processes. Good practice
guides may also be issued to illustrate how concepts contained in PPSs can
best be implemented. The following are of particular relevance to this Plan:
Planning Policy Statement 1 – General Principles
This PPS sets out the key themes and guiding principles that underlie the
Department’s overall approach to planning and the preparation of development
plans including this Subject Plan.
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Joint Ministerial Statement
This statement supersedes paragraphs 46 to 48 of Planning Policy Statement
1 – General Principles. In the event that there is a contradiction between the
contents of this Statement and any other planning policy document including
PPS1 the policy contained in this Statement will take precedence.
Addendum to Planning Policy Statement 6 – Areas of Townscape Character
This document is an addendum to PPS6, ‘Planning, Archaeology and the
Built Heritage’ and provides additional planning policies relating to Areas of
Townscape Character, for demolition of buildings, new development and the
control of advertisements.
In Conservation Areas and Areas of Townscape Character, the Addendum to
PPS6 requires that housing proposals will maintain or enhance their distinctive
character and appearance. Proposals involving intensification of site usage or
coverage in the primarily residential parts of these designated areas will only
be permitted in exceptional circumstances.
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Planning Policy Statement 7 – Quality Residential Environments
This PPS complements the RDS and other PPSs mentioned in this section,
and is aimed at achieving attractive and sustainable places through better
design. It highlights the need for residential development in urban areas to
respect its immediate setting, in order to avoid a level of intensification which
can adversely affect local townscape character and identity.
Addendum to Planning Policy Statement 7 – Residential Extensions and Alterations
In March 2008 The Department published the final version of the policy
document ‘Addendum to Planning Policy Statement (PPS) 7: Residential
Extensions and Alterations’. This sets out the Department’s policy and provides
guidance in relation to proposals for residential extensions and alterations. The
key objectives of the policy are to:
• promote high quality in the design of residential extensions and alterations;
• ensure that that such works are sympathetic to the original property;
• respect the character of the local area; and
• protect neighbouring residential amenity.
Planning Policy Statement 12 – Housing in Settlements
This PPS provides planning policy guidance for housing within the context of
the Strategic Planning Guidelines contained in the RDS. The objectives are:
• to manage housing growth in relation to housing need;
• to direct and manage future housing growth to achieve more sustainable
patterns of residential development;
• to promote a drive to provide more housing within existing urban areas;
• to encourage an increase in the density of urban housing appropriate to the
scale and design to the cities and towns of Northern Ireland; and
• to encourage the development of balanced local communities.
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Development Plan
The extant plan for the Belfast Council area is The Belfast Urban Area Plan
2001 (BUAP) which was published in June 1990. BUAP is silent in relation to
HMOs.
The Draft Belfast Metropolitan Area Plan 2015 (BMAP) was published on 30
November 2004 and includes a Plan Strategy and Proposals for six District
Council areas including Belfast.
Regional Supplementary Planning Guidance
The Department’s publication ‘Creating Places – Achieving Quality in
Residential Developments’ (2000) is intended to improve the quality of new
housing developments and provide guidance on design, character and
layout of new housing areas in Northern Ireland. The guide describes the
contributions to
quality and sustainability that developers in Northern Ireland will be expected
to make through the design of new residential developments. The context for
the advice given is provided by wider Government policy and initiatives aimed
at achieving attractive and sustainable places through better design.
The Department also publishes and updates as necessary a set of
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Development Control Advice Notes (DCANs), which explain the planning
criteria and technical standards which the Department considers when dealing
with specific categories or particular aspects of development in Northern
Ireland. DCAN 8 – Housing in Existing Urban Areas (2002) provides planning
guidance which aims to ensure that urban and environmental quality is
maintained, amenity preserved and privacy respected when proposals are
being considered for new housing development within existing urban areas.
The guidance sets out a design-led approach to such housing proposals and
provides practical advice on how matters of detailed design are best handled.
It should be noted that the Department is continuously reviewing its regional
policies and advice. It is, therefore, advisable to contact a Divisional Planning
Office to ascertain the prevailing relevant policies and supplementary guidance
that apply or alternatively visit the Department’s website at
www.planningni.gov.uk
1.6 Relationship with Other Public Sector Bodies
The Subject Plan takes into account the work of other public sector bodies
for the future development of the Plan area, with particular respect to issues
including urban regeneration and Council initiatives.
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The Northern Ireland Housing Executive
In May 2004 the Housing Executive (NIHE) introduced a Statutory Registration
Scheme for HMOs in Northern Ireland. Registration was initially introduced by
targeting those properties which were deemed to represent the greatest risk
to the occupants, namely the larger three and four storey properties. Since
then the NIHE has progressively rolled out the Scheme so that every HMO
in Northern Ireland, both existing and new, has now got a specified date for
registration.
A registered HMO is required to comply with all HMO Standards, must be Fit
for Human Habitation and must be managed in accordance with the HMO
Management Regulations. The Registration Scheme along with this Subject
Plan contributes to the policy framework for HMO development.
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Department for Social Development
The Department of Social Development (DSD) plays a central role in
developing and co-ordinating the implementation of urban regeneration
programmes throughout Northern Ireland.
DSD’s approach to regeneration, in pursuance of its statutory authority, is
to promote and implement a comprehensive, integrated and sustainable
approach to tackling social, economic and physical regeneration and
redressing disadvantage in cities and towns. DSD’s role and its regeneration
responsibilities have been taken into account in preparing the Subject Plan.
Council Initiatives
Belfast City Council has developed a strategy for developing the vision for
future development in the City Council area. The vision contains a number of
themes for economic, social, environmental and developmental change. The
Subject Plan takes account of the themes flowing from the vision processes
where these have implications for future HMO development.
The Inter-Agency Strategic Group is an
initiative set up by Belfast City Council
to specifically address issues related to
HMO Development. The Subject Plan
has been informed by the Inter-Agency
Strategic Group.
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1.7 Additional Issues
During the preparation of the Subject Plan,
representations were received from the public
and various representatives about issues
surrounding HMOs that were not solely
responsibility of Planning Service or outside
the Department’s legislative framework. These
included:
• Joint Working;
• Inter Agency Design Guide for HMOs;
• Parking Initiatives;
• Public Transport Improvements;
• Noise Control;
• Building Control – Definition of HMO;
• “To Let” Signage;
• Area Amenity and Management;
• Community Safety;
• Gating of Alleyways; and
• HMO Registration.
Many of these issues are considered to be of relevance to other agencies and
bodies. The Inter Agency-Strategic Group agreed to consider these issues and
produced a Progress Report with further recommendations.
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Part 2 Housing Need and Context
Housing need and housing demand are fundamental considerations when
developing planning policies in respect of HMOs.
The Housing Needs Assessment (HNA) prepared by the NIHE in 2004
(published as a Technical Supplement to BMAP) and the subsequent Housing
Market Analysis (HMA), provide a valuable insight into the drivers which have
shaped and continue to influence local housing markets.
2.1 Factors influencing the HMO Market
The HMO market, particularly in South Belfast, has been driven by a number of
factors:
1) Student growth: The Government’s higher education policy has caused
the number of students in higher education to rise significantly over the
last decade. Student housing requirements have put additional pressures
on a number of local housing markets throughout the UK, particularly those
in close proximity to University campuses.
Queen’s University and the University of Ulster are of the view that the
number of students in higher education has reached the government
target and has now peaked. The impact of top up fees may see more
students living at home. However, the long-term impact of top up fees on
the local housing market is yet to be seen.
2) Single Persons: The population in the 18 – 29 year old age group may
be declining but their lifestyle choices are having a greater impact on the
housing market. The postponement of family and traditional longer-term
households has led to a significant rise in the number of single person
households. Furthermore, the 30 – 44 year old age group, which is
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characterised by a relatively high and growing incidence of relationship
breakdown, has also given rise to a net increase in the number of
households, many of whom are single.
Single person households tend to gravitate towards urban areas. This is a
pattern across the UK. Northern Ireland trends in single person household
formation have tended to lag behind trends in GB. Between 1998 and
2001 the proportion of single person households in GB, compared to
all households, increased from 27% to 30% and suggests there is still
potential for further growth in such households in Northern Ireland.3
3) Migrant Workers: It is difficult to accurately measure the number of
migrant workers in Northern Ireland as most agencies record ethnic
origin rather than nationality. The NIHE Housing Market Analysis provides
information in respect of migrant workers in recent years by reviewing the
research undertaken using National Insurance Numbers. The research
suggests the number of migrant workers is higher than originally estimated.
However, significant portions of these workers live and work outside Belfast
(71%)4 and many are drawn to jobs in the agricultural and food processing
sectors. Belfast tends to attract those involved in health care and the
service sector.
It is difficult to predict if these trends will be sustained. Future economic
growth may be a determining factor. However, it is highly likely that
healthcare and service sectors will continue to be dependent upon such
workers. Even with an economic down turn, it is expected that a significant
proportion of migrant workers will remain in Northern Ireland.
The NIHE Housing Needs Assessment highlights a growing and sustained
need for social housing throughout most of Belfast. Significantly, single person
households are generating a growing and substantial part of this need.
32001 Northern Ireland Census of Population 42001 Northern Ireland Census of Population
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2.2 Geographic Distribution
The Queen’s University Belfast attracts many students to live in the Inner
South Belfast area. Students attending the University of Ulster also find this
area attractive given the concentration of facilities, entertainment and services.
Employment opportunities in the entertainment sector, Belfast City Hospital
and to an extent the Royal Hospitals also draws migrant workers to the South
Belfast area.
South Belfast, more than any other part of Belfast, is perceived as being
relatively neutral in terms of the city’s segregated geography. It is, therefore,
attractive to many groups, including those unfamiliar with the city. The greater
availability of privately rented accommodation and shared housing also makes
it attractive to many of the groups identified above.
It is not clear whether a housing need or a housing demand drives the housing
market in South Belfast. Undoubtedly students, single person households and
migrant workers have housing needs. However, it is possible that part of this
need could be accommodated in other parts of the city if accommodation was
available.
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2.3 Housing Choice
Students, young singles and migrant workers tend to be more transient than
other groups. The private rented sector has been meeting their requirements
by providing furnished accommodation with minimal initial capital outlay.
Increases in house prices during the last few years put owner occupation
beyond the means of many new households, despite relatively low interest
rates. One means of securing a first stake in the property market is to share
the cost of purchase with others or buy, sub-let and then charge rent to help
fund the mortgage repayments. This trend is more common among young
professionals. However, it has the potential to give rise to intensification in
streets and neighbourhoods comprised of traditional terraced housing.
The opportunity to rent social housing from either the NIHE or a Housing
Association is limited given the reduction in stock as a consequence of house
sales and the cost of acquiring new sites. Housing Associations are the
principle providers of new social housing. During recent years, many of the
Associations experienced a greater difficulty in identifying suitable sites for
development. Prior to the recent downturn in land prices, competition for site
acquisitions increased and Housing Associations frequently found themselves
priced out of the market.
Private renting of former NIHE stock purchased under the “right to buy
scheme” is making a valuable contribution to the low cost affordable market.
2.4 Summary
Belfast is likely to have ongoing need for low cost affordable housing. The
demand for HMO accommodation is likely to be sustained as a consequence
of changing patterns of household formation. However, the signs are that the
market for student accommodation may have peaked.
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Part 3 Plan Strategy and Policy Framework
3.1 The Issues
The Issues Paper for HMOs in Belfast City
Council area, published in August 2005,
raised seven main issues relating to HMOs.
• HousingNeedandHMOs;
• SpatialPolicy;
• BalancedCommunities;
• AreaAmenity;
• PhysicalInfrastructure;
• Anti-SocialBehaviour;and
• AreaManagement.
Generally the response to the Issues Paper
acknowledged that these were the principal
issues that should be considered during
preparationoftheSubjectPlan.
3.2 Plan Strategy
TheHMOSubjectPlanStrategyaimstoadoptabalancedapproachtoHMO
development,byseekingtopositivelyinfluenceandshapethemarketfor
HMOs, while controlling and curtailing further development in areas where
such accommodation is currently concentrated.
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Belfast HMO Strategy
The Belfast HMO Strategy is to:
• Protect the amenity of areas where multiple occupation is, or is
likely to become, concentrated;
• Accommodate the need and demand for multiple occupation, while
maintaining a community balance;
• Focus HMO development in areas where it can contribute to
regeneration; and
• Promote appropriate development of purpose built student
accommodation.
An excessive number of HMOs in one area can have a blighting effect.
Transient households tend not to make a long term investment in their local
environment and this may have a detrimental impact on the visual appearance
of a neighbourhood. Such areas may also experience excessive demands
on local services e.g. refuse collection, and as a consequence this can place
severe strains on infrastructure. These factors, combined with anti social
behaviour and neighbour disputes, can give rise to further deterioration in the
physical fabric of an area and a community’s well being. Clearly there is a need
to protect environmental amenity and the well being of the local community.
The Plan Strategy also recognises there is a need and demand for shared
accommodation that must be met. Such needs are influenced by affordability
issues, lifestyle choice and the flexibility which low cost renting can offer.
HMOs form an important role in the wider housing market and, therefore, they
should be accommodated.
The HMO market has made a very positive contribution to regeneration in
various parts of the city by way of attracting investment into areas and helping
to renew the physical fabric by refurbishing older residential properties. HMO
dwellers can also increase the demand for local goods and services helping to
make them more viable. The Plan Strategy seeks to harness the advantages
which HMO development can offer in terms of meeting housing needs and
stimulating regeneration.
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The RDS recognises that, in meeting housing needs, the development of
balanced communities is encouraged by promoting a mix of housing tenures
and types. The creation of quality built environments will contributes to the
achievement of safe, complete and balanced communities for people to live in.
(SPG-HOU 6).
Within the objective of developing community cohesion, the RDS encourages
the creation of more balanced local communities characterised by community
spirit, neighbourliness and a sense of belonging to a particular place. Diversity
and social inclusion are distinguishing marks of well-balanced communities
which embrace a mix of social groups, and are able to accommodate people of
different backgrounds who wish to live together.
The loss of family housing to HMOs is most apparent in parts of South Belfast.
Housing need for family housing has risen and is no longer affordable in
certain areas. The need for family housing, accommodation for the elderly
and vulnerable groups
must be balanced with the
demand and need for shared
accommodation.
Students and migrant
workers tend to be more
transient than other groups
and can potentially have a
detrimental impact on local
community infrastructure.
Such groups are less likely
to have a long term stake
in a local community and
consequently local support
networks can breakdown.
However, this must be
balanced with the potential
vibrancy and advantages
they can bring to an area.
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It is anticipated that Belfast City Council
area will have an ongoing requirement
to accommodate students, migrant
workers and single person households.
Currently the housing needs of many in
these groups manifest themselves as
a demand for HMO accommodation in
South Belfast. However, all these needs
do not necessarily have to be met in that
part of the City.
The HMO Strategy seeks to balance
the protection of residential amenity
with the need and demand for multiple
occupation. It is intended that the
strategy will see a wider distribution
of HMO accommodation across the City over time. This approach is
consistent with the concept of balanced communities and will also consolidate
regeneration at key locations.
3.3 Policy Framework
The Strategy will be achieved through the Plan Proposals consisting of a
combination of policies and designations.
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Four spatial policies, with associated designations, identify the extent to which
further HMO development will be permitted in different locations. These are as
follows:
HMO 1 - HMO Policy Areas (Designation HMO 2)
HMO 3 - HMO Development Nodes (Designation HMO 4)
HMO 5 - HMO Development outside designated HMO Policy Areas and
designated HMO Nodes
In addition, a further two polices, which relate to individual HMO proposals, will
set out development criteria. The two policies are as follows:
HMO 6 - HMO Development
HMO 7 - Purpose Built Student Accommodation
Future development of HMOs will be curtailed in areas where there are
currently significant concentrations of such accommodation, particularly
in South Belfast. Opportunities to meet the ongoing requirement for HMO
accommodation will be met through:
a) Purpose built student housing; and
b) Designation of areas where HMO development will be permitted.
The Subject Plan has been prepared to specifically address HMO
development. It is not intended to amend or supersede other prevailing
statutory planning policy provisions but is intended to be complementary in
regards to matters associated with HMOs
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Policy HMO 1 HMO Policy Areas
Within designated HMO Policy Areas, planning permission will only be
granted where the number of HMO dwelling units does not as a result
exceed 30% of all dwelling units within the Policy Area
Policy HMO 1 is designed to protect the amenity of areas where multiple
occupation is currently, or is likely to become, concentrated. This policy will
apply to the following designated HMO Policy Areas
Designation HMO 2 HMO Policy Areas
The following HMO Policy Areas are designated as identified on Map
Nos 3, 4 and 7: (see Map Index in Appendix 1)
HMO 2/01 AdelaideHMO 2/02 AtlanticHMO 2/03 BallynafeighHMO 2/04 CastletonHMO 2/05 CavehillHMO 2/06 CliftonvilleHMO 2/07 Donegall RoadHMO 2/08 Edinburgh StreetHMO 2/09 EglantineHMO 2/10 FitzwilliamHMO 2/11 HarlestonHMO 2/12 JamesonHMO 2/13 Lower OrmeauHMO 2/14 MaloneHMO 2/15 MeadowbankHMO 2/16 Mount CharlesHMO 2/17 SandymountHMO 2/18 South ParadeHMO 2/19 StranmillisHMO 2/20 ThorndaleHMO 2/21 UlstervilleHMO 2/22 Botanic, Holylands, Rugby
During the public consultation process, many local residents voiced concern
at the concentration of HMOs in certain locations and the impact that such
properties were having on these areas. However, many also acknowledged
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the positive impact HMOs could bring to an area in terms of regeneration, not
only for the physical housing stock but also in consolidating the viability of local
businesses and services such as shopping.
All agreed there was a need to achieve a balance between HMOs and
traditional residential accommodation. The general consensus was that the
upper limit for conversion to multiple occupation should be 30%. This level of
multiple occupation could potentially assist regeneration but at the same time
would not necessarily result in the local community becoming imbalanced. In
situations where Local Planning Authorities in Great Britain have introduced
capping, 30% would generally appear to be the upper limit.
The Department has identified 22 areas in Belfast City Council area where
HMOs are concentrated. These areas are designated as HMO Policy Areas.
The HMO Policy Areas are outlined on the relevant maps.
In each of the 22 HMO Policy Areas the number of HMOs exceeds 30% of
all the dwelling units. Consequently, no further HMO development will be
permitted within the HMO Policy Areas until such times as the proportion of
HMOs falls below 30% of all dwelling units in a Policy Area.
Planning Service, in conjunction with the NIHE, will maintain a database
of HMOs which will monitor the number of HMOs in each Policy Area.
In circumstances where an applicant disagrees with Planning Service’s
assessment on the number of HMOs in a given area or considers that the
property was already an HMO at November 2004 when the Planning (Use
Classes) Order (Northern Ireland) 2004 was introduced, then the applicant will
be afforded an opportunity to provide evidence and demonstrate otherwise.
The number of HMOs within each Policy Area is contained in Appendix 3.
In circumstances where planning permission is dependant upon a change of
use of another property away from HMO, then a legally binding agreement
may be necessary.
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The level of multiple occupation within an area, whether designated or not, will
be measured by :
• the number of HMOs recorded by the NIHE at November 2004; plus
• the number of HMO development units subsequently approved by the
Department; plus
• the number of extant permissions for HMO development units.
The total number of dwelling units in a Policy Area will be measured by
Ordnance Survey’s Pointer database. The Pointer database includes all
dwellings with an address in Northern Ireland. This assessment will be
undertaken across the individual Policy Area and not on a street by street
basis.
A breach of the 30% limit on further HMO development for existing HMOs
may be acceptable providing it does not give rise to intensification including
an increase in the number of bedrooms. For example, a proposal to convert
an existing eight bedroom HMO to two four bedroom HMO flats may be
acceptable, providing there is no increase in the number of occupants.
The process for the identification of HMO Policy Area designations is based on
mapping the NIHE’s HMO data. This has provided a visual highlight of areas
where HMOs are concentrated. Subsequently, plotting all dwellings in Belfast
using Ordnance Survey’s Pointer data, and overlaying it with the NIHE’s HMO
database, has allowed HMO density to be calculated on a Policy Area basis.
The issues surrounding HMOs, including their detrimental impacts, have
been greater in parts of South Belfast than in any other part of the city. This
area presents a significant challenge not only to Planning Service but also
to developers, landlords, students, local residents, the academic institutions
and the various agencies that provide services in the area. This Subject Plan
will not, in itself, resolve all these issues. Continuing joint working with other
parties will be imperative if the issues are to be fully addressed.
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Policy HMO 3 HMO Development Nodes
Along the frontages of designated HMO Development Nodes planning permission for HMOs will be granted, providing it does not include HMO development at ground floor level within a designated commercial node or shopping area.
Policy HMO 3 is designed to accommodate the need and demand for HMO
accommodation and direct it to areas where it can contribute to regeneration.
This policy will apply to the following designated HMO Development Nodes
Designation HMO 4 HMO Development Nodes
The following HMO Development Nodes are designated as identified on Map Nos. 1, 2, 4, 5, 6, 7 & 8:
HMO 4/01 Andersonstown RoadHMO 4/02 Antrim RoadHMO 4/03 Antrim Road / Cliftonville RoadHMO 4/04 BallyhackamoreHMO 4/05 Castlereagh Street / Templemore AvenueHMO 4/06 Donegall RoadHMO 4/07 Falls Road / Springfield RoadHMO 4/08 Holywood ArchesHMO 4/09 Mid FallsHMO 4/10 Upper Newtownards RoadHMO 4/11 Woodstock RoadHMO 4/12 Oxford Street / Ann StreetHMO 4/13 Cromac Street / Ormeau AvenueHMO 4/14 Dublin Road / Great Victoria StreetHMO 4/15 College Avenue / Kings StreetHMO 4/16 MillfieldHMO 4/17 Scotch QuarterHMO 4/18 Great Patrick Street / Dunbar Link
Apart from students, much of the demand for HMOs comes from the growing
numbers of single person households and migrant workers. South Belfast is
attractive to such groups for many reasons including the local social life and
ease of access to facilities and services and the availability of privately rented
housing, including affordable HMO accommodation.
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Private renting is more common in South Belfast but it is relatively expensive
compared to other parts of the city. Many of those currently renting in
South Belfast may be prepared to live in other parts of the city if suitable
accommodation were available in well-serviced areas.
A more geographically dispersed and less concentrated HMO market could be
considered a more sustainable approach. Consequently, HMO Development
Nodes, which meet certain criteria in terms of good public transport, availability
of services and access to facilities, are identified for the development of HMOs
in other areas.
This approach has a number of advantages:
• By easing housing market pressures in South Belfast;
• By promoting regeneration in other areas; and
• By potentially reducing the impact of intensification in areas where HMOs
are already over concentrated.
The higher density residential development resulting from HMOs is
encouraged along these nodes. The Belfast Metropolitan Area Plan (BMAP)
includes an Arterial Routes Strategy that is intended to reflect the drive in
the RDS to enhance the city and reduce the need to travel by car. It is also
intended to assist in the promotion of urban renewal throughout the city.
Furthermore, the Department wishes to encourage restoration of the built
frontage along the Arterial Routes through the development of vacant gap sites
and development opportunity sites.
Many of the HMO Development Nodes are designated along sections of,
or in close proximity to, the city’s Arterial Routes. These routes provide an
opportunity for higher density development, have good public transport
provision and serve as the main transport corridors into and out of the City
Centre. Generally they also have good access to facilities and services.
The designation of HMO Development Nodes along these routes is less likely
to have a direct impact on traditional residential areas. HMO development
and the Living over the Shops (LOTS) concept can consolidate frontages and
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give greater vitality to these routes. Within designated commercial nodes and
shopping areas, access to HMOs on upper floors from the ground floor within a
designated commercial node or shopping area will be acceptable.
Other HMO Development Nodes are located along or adjacent to the Orbital
Boulevard, as identified in BMAP. The Boulevard surrounds much of the
City Centre and HMO development in these locations would be consistent with
the objectives of the design concept for the Orbital Boulevard. It is considered
that those sections of the Orbital Boulevard designated as HMO Development
Nodes meet a number of criteria including regeneration potential, capacity for
development, access to services and facilities and proximity to shopping.
Policy HMO 5 HMO Development outside designated HMO
Policy Areas and designated HMO Development
Nodes
Outside designated HMO Policy Areas and designated HMO
Development Nodes, planning permission will only be granted for
further HMO development where as a result the number of HMOs does
not exceed 10% of dwelling units on that road or street.
Where such a street or road is in excess of 600 metres in length,
planning permission will only be granted for further HMO development
where as a result the number of HMOs does not exceed 10% of
dwelling units within 300 metres either side of the proposal on that
road or street.
Policy HMO 5 is designed to protect the amenity of residential areas and
promote balanced communities.
Approximately 7%5 of dwellings in Belfast are HMOs. Setting a limit of 10% will
allow a degree of managed and controlled growth in this market. The 10% limit
is considered to be sufficient to accommodate approximately 50% of single
persons under the age of 60 in Belfast City Council Area.
5NIHE Housing Market Analysis
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In most circumstances the policy can be applied without reference to the 300
metre requirement. The purpose of the 300 metre requirement is to prevent
excessive concentrations on longer streets or roads.
Planning Service, in conjunction with the NIHE, will maintain a database
of HMOs which will monitor the number of HMOs in each Policy Area.
In circumstances where an applicant disagrees with Planning Service’s
assessment on the number of HMOs in a given area or considers that the
property was already an HMO at November 2004 when the Planning (Use
Classes) Order (Northern Ireland) 2004 was introduced, then the applicant will
be afforded an opportunity to provide evidence and demonstrate otherwise. .
In circumstances which are dependant upon a change of use of another
property away from an HMO, then a legally binding agreement may be
necessary. The number of HMOs within each Policy Area is contained
in Appendix 3. The level of multiple occupation within an area, whether
designated or not, will be measured by:
• the number of HMOs recorded by the NIHE at November 2004, plus
• the number of HMO development units subsequently approved by the
Department, plus
• the number of extant permissions for HMO development units
A breach of the 10% limit on further HMO development for existing HMOs may
be acceptable providing it does not give rise to intensification including an
increase in the number of bedrooms or the number of occupants. For example,
a proposal to convert an existing eight bedroom HMO to two four bedroom
HMO flats may be acceptable, providing there is no increase in the number of
occupants.
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Policy HMO 6 HMO Development
This policy includes change of use of house(s) and flat(s) to HMO(s),
extension / alteration to house(s) and flat(s) used as HMO(s) or new
build as HMO(s) and excludes purpose built student accommodation.
Planning permission will only be granted for HMO development where
all of the following criteria are met:
• Any HMO unit within a Policy Area does not exceed 4 bedrooms;
• Any HMO unit is not wholly in the rear of the property and without
access to the public street;
• The original property is greater than 150 square metres gross
internal floor space when any house is being converted to flats
for HMO use;
• All flats for HMO use are self-contained (i.e. having separate
bathroom, w.c and kitchen available for use only by the
occupiers);
Any approval for HMO development within a Policy Area will be subject
to a condition restricting the number of occupants to 4.
Policy HMO 6 is designed to protect the amenity of residential areas.
The number of bedrooms or occupants is restricted to 4 within an HMO
which is within a Policy Area in order to promote the concept of smaller unit
housing which can be more readily managed and controlled. It also protects
the scale and character of some properties from over-development whereby
the character of the area suffers detrimental change. If a change in the market
should take place in future years, then houses converted to HMO use could be
adapted or returned to family usage if this limit is set.
In order to protect existing housing stock which is still considered suitable
for family occupation, a minimum size limit is placed on houses which will be
permitted for conversion to flats for HMO development. This will be particularly
relevant in streets of traditional two-storey 2 or 3 bedroom properties, which do
not lend themselves to conversion due to the scale and nature of the existing
property.
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Policy HMO 7 Large Scale Purpose Built Student Accommodation
Planning permission will only be granted for large scale purpose built
student accommodation where all of the following criteria are met:
• Development of any complex consists of a minimum of 50 units
or a minimum of 200 occupants. This will not preclude proposals
for smaller incremental extensions or consolidations of existing
halls of residence and phased development of larger schemes;
• All units are self-contained (i.e. having a bathroom, w.c. and
kitchen available for use only by the occupiers);
• The location is not within a primarily residential area;
• Provision is made for management of all accommodation. This
may require an Article 40 agreement with Planning Service;
• Landscaping and amenity space is provided in accordance
with a landscaping plan indicating all landscaping proposals
for the scheme and, where relevant making provision for future
maintenance.
Policy HMO 7 is designed to facilitate the need and demand for multiple
occupation, protect the amenity of other residential areas and promote
appropriate development of student accommodation.
Purpose built accommodation for students is considered a more suitable form
of accommodation rather than the conversion of terraced dwellings. Currently
Belfast has a lower level of purpose built student housing than most other
major university cities in the UK when the number of such units available is
compared to student enrolment (12% against a national average of 25%). The
Subject Plan, therefore, anticipates that a significantly higher proportion of
student accommodation will be provided by purpose built developments.
Planning Service considers that a number of suitable sites exist which are
currently outside residential areas. Therefore, the impact of such purpose built
accommodation on the physical infrastructure, amenity and character of such
areas will be minimal. Development of such sites for purpose built student
accommodation has the potential to ease the pressure on local housing
markets, particularly in South Belfast, and thereby increase the availability of
traditional housing.
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APPENDIX 1Map Index
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APPENDIX 2Associated Documents
1 PAC Report on Independent Examination
2 Plan Adoption Statement
3 Statement under Article 9 of the SEA Directive and Regulation
15 of the Environmental Assessment of Plans and Programmes
Regulations (Northern Ireland) 2004
4 Equality Impact Assessment (EQIA)
5 Statement of Finding of No Likely Significant Effects under
Regulation 64B of the Conservation (Natural Habitats, etc.)
(Amendment) Regulations (Northern Ireland) 2007
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APPENDIX 3The Number and percentage of HMOs by Policy Area
HMO Policy Area Total
Dwelling
Units
NON
HMO
HMO %
HMO
HMO 2/01 Adelaide 378 233 145 38HMO 2/02 Atlantic 145 77 68 47HMO 2/03 Ballynafeigh 1,655 1134 521 31HMO 2/04 Castleton 118 68 50 42HMO 2/05 Cavehill 277 176 101 36HMO 2/06 Cliftonville 441 219 222 50HMO 2/07 Donegall Road 410 253 157 38
HMO 2/08 Edinburgh Street 690 299 391 57HMO 2/09 Eglantine 1,343 564 779 58HMO 2/10 Fitzwilliam 627 368 259 41HMO 2/11 Harleston 126 77 49 39HMO 2/12 Jameson 136 96 40 29HMO 2/13 Lower Ormeau 389 269 120 31HMO 2/14 Malone 331 192 139 42HMO 2/15 Meadowbank 722 439 283 39HMO 2/16 Mount Charles 222 159 63 28HMO 2/17 Sandymount 202 75 127 63HMO 2/18 South Parade 265 163 102 38HMO 2/19 Stranmillis 790 310 480 61HMO 2/20 Thorndale 108 60 48 44HMO 2/21 Ulsterville 1,089 536 553 51HMO 2/22 Botanic, Holylands, Rugby 2,491 905 1,586 64 Total 12,955 6425 6,530Source: OSNI Pointer Address Data and NIHE HMO database 2008
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