Agenda item - Houses of Multiple Occupation - Extension to Article 4 Direction Area

Report of the Executive Director, Economy, Environment & Culture

1)           That the Committee notes the evidence presented in this report as a response to the decision of the June 2018 TDC Committee to support an evidence gathering exercise to assess the impact of HMOs in areas of the city outside the existing Article 4 Direction area.

2)           That the Committee authorises the making of a citywide non-immediate direction under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) to remove the permitted development right for the change the use of a building from a dwelling house (Class C3) to a House in Multiple Occupation (Class C4) for the reasons outlined in this report.

60.1      The Committee considered a report of the Executive Director, Economy, Environment & Culture that sought approval to make an Article 4 Direction to extend the removal of permitted development rights relating to the change of use from a dwellinghouse (use class C3) to a small HMO (use class C4) citywide.

60.2      Councillor Mac Cafferty noted that the issue of a citywide Article 4 Direction had been raised when the original decision was made in 2013 and the advice at that point was that the Secretary of State may not view that as reasonable. Councillor Mac Cafferty asked the basis for why it was now deemed reasonable.

60.3      The Principal Planning Officer explained that circumstances had changed since 2013 and there was now significant evidence in favour of a citywide extension to the Article 4 Direction.. There had been a significant rise in Houses of Multiple Occupation (HMOs) in the city, and. national guidance on the matter had softened slightly. Furthermore there were also a number of precedents as Manchester, Southampton and Portsmouth City Councils had similarly implemented citywide Article 4 Directions and the Secretary of State had not intervened on the matter.

60.4      Councillor Cattell welcomed the report and expressed her support for a citywide scheme. Councillor Cattell noted that it would likely lead to an increase in applications and asked if there was sufficient resource in place to cover an increased workload. Furthermore, Councillor Cattell asked if a fee was requested for processing applications.

60.5      The Head of Planning clarified that a fee charge for planning applications necessary as a result of Article 4 Directions had been introduced in January 2018 and staff resourcing would be reviewed should the report be agreed.

60.6      RESOLVED-

1)           That the Committee notes the evidence presented in this report as a response to the decision of the June 2018 TDC Committee to support an evidence gathering exercise to assess the impact of HMOs in areas of the city outside the existing Article 4 Direction area.

2)           That the Committee authorises the making of a citywide non-immediate direction under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) to remove the permitted development right for the change the use of a building from a dwelling house (Class C3) to a House in Multiple Occupation (Class C4) for the reasons outlined in this report.