Agenda item

Review of HMO Additional Licencing and consideration of Article 4 direction

That:

·         Based on evidence at this time, additional licensing for HMOs is not progressed, however, this will be reviewed in 12 months’ time.

·         Based on evidence at this time, that an Article 4 direction is not progressed. However, Officers agree to keep this under review and if circumstances change, Officers will consider the position.

·         Resident input into HMO licence applications to be included as part of the forthcoming HMO Licensing Policy that will be presented to Committee later this year.

·         The address of any property subject to an application for a HMO licence to be added to the council’s HMO Register.

·         Ward Councillors, County Councillors and Parish Councillors (if applicable) are advised if a HMO licence application is received for their area.

·         Neighbours of a property that has applied for an HMO licence application will be notified by Officers upon receipt of that application. (pending approval of the council’s Data Protection and Resilience Manager)

 

Minutes:

The Committee considered a report reviewing the Council’s additional Houses in Multiple Occupation (HMO) licensing scheme and the potential introduction of an Article 4 Direction.

Officers advised that HMOs formed a recognised part of the housing mix and were already regulated through the Council’s additional licensing scheme. It was explained that the introduction of an Article 4 Direction would remove permitted development rights and require planning permission for changes of use, but that such an approach would need to be supported by clear and proportionate evidence of harm. Officers advised that there was currently insufficient evidence to justify an immediate Article 4 Direction and highlighted the potential financial risks involved, including the possibility of compensation claims if action were taken without adequate justification.

Members discussed the impact of HMOs on local communities. Some Members raised concerns about concentrations of HMOs in certain areas and the associated effects on parking, residential amenity and community cohesion. Others emphasised that HMOs should not be stigmatised, noting that many operated without issue and provided necessary accommodation, and that problems such as parking pressures were not unique to HMOs. Members agreed on the importance of basing decisions on evidence rather than perception and of using existing licensing and enforcement powers to address individual problem properties.

Councillor Cooper proposed an amendment, seconded by Councillor Edwards

  • “In paragraph 2.2, replace 'is not progressed' with 'is progressed', and remove everything after 'progressed'.
  • In paragraph 2.3, ?replace 'is not progressed' with 'is progressed', and remove everything after 'progressed'.
  • Add new paragraph 2.4 that reads: "As soon as the draft Local Plan has been adopted, Supplementary Planning Guidance is developed prescribing standards that HMOs would have to meet before receiving planning permission.

 

So that the amended recommendations read:

 

That:

  1. Based on evidence at this time, additional licensing for HMOs is progressed.
  2. Based on evidence at this time, that an Article 4 direction is progressed.
  3. After the draft Local Plan has been adopted, Supplementary Planning Guidance be adopted prescribing standards that HMOs would have to meet before receiving planning permission.
  4. Resident input into HMO licence applications to be included as part of the forthcoming HMO Licensing Policy that will be presented to Committee later this year.
  5. The address of any property subject to an application for a HMO licence to be

added to the council’s HMO Register.

  1. Ward Councillors, County Councillors and Parish Councillors (if applicable) are

advised if a HMO licence application is received for their area.

  1. Neighbours of a property that has applied for an HMO licence application will be

notified by Officers upon receipt of that application. (pending approval of the

council’s Data Protection and Resilience Manager)”

 

The amendment was put to the vote and declared LOST by the Chair, the voting being For 4, Against 8, Abstention 1.

The substantive motion was put to the vote and declared CARRIED by the Chair, the voting being by General Assent.

 

RESOLVED:

That:

·       Based on evidence at this time, additional licensing for HMOs is not progressed, however, this will be reviewed in 12 months’ time.

·       Based on evidence at this time, that an Article 4 direction is not progressed. However, Officers agree to keep this under review and if circumstances change, Officers will consider the position.

·       Resident input into HMO licence applications to be included as part of the forthcoming HMO Licensing Policy that will be presented to Committee later this year.

·       The address of any property subject to an application for a HMO licence to be added to the council’s HMO Register.

·       Ward Councillors, County Councillors and Parish Councillors (if applicable) are advised if a HMO licence application is received for their area.

·       Neighbours of a property that has applied for an HMO licence application will be notified by Officers upon receipt of that application. (pending approval of the council’s Data Protection and Resilience Manager)

 

 

Supporting documents: