Issue - meetings

1.

Title of Item/Report

Article 4 Direction Small Houses of Multiple Occupation Use class C4

2.

Record of the Decision

Consideration was given to a report on Article 4 Direction Small Houses of Multiple Occupation Use class C4.

In view of growing demands for small HMOs, implications on the boroughs housing stock and communities, there was a need to consider the introduction of measures to restrict the use of permitted development rights for change of use from dwelling houses (Class C3) to small HMOs (Class C4).

In view of all the associated considerations, it was therefore recommended that the introduction of a borough wide, non-immediate Article 4 direction to remove permitted development rights that allow of the change from a residential dwelling (use class C3) to small House of Multiple Occupation (Use class C4) to pursued, along with associated guidance in line with the recommendations set out below.

In recent years Officers had seen an increasing number of concerns being raised by neighbouring residents and Elected Members on a Borough-wide basis about the presence of HMOs across the Borough.

Particular focus had been given to HMOs providing poor-quality housing which was not managed effectively. Consequently it was seen as attracting persons experiencing social and/or economic instability and those living a more transient lifestyle. Complaints also often included reference to crime and anti-social behaviour.

The Housing Act (2004) defines a ‘House in Multiple Occupation’ (HMO) as living accommodation occupied by persons who do not form a single household and share one or more basic amenities.

The Planning system currently categorises HMOs as either;

•         Use class C4 for between three and six persons with basic shared facilities.

•         Sui Generis classification (meaning a ‘class of its own’) for seven or more residents.

The General Permitted Development Order (GPDO) allowed certain forms of development to take place without the need for planning permission, which was known as ‘permitted development’.

Residential dwellings (Use class C3) had permitted development rights to change use to small Houses in Multiple Occupation (Use Class C4). Where a change to Sui Generis classification, automatically required planning permission.

For clarity, the introduction of an Article 4 direction would affect only those elements which currently do not require planning permission, i.e. class HMOs falling in use class C4 and mean that planning permission would be required as they are for larger HMO’s.

Whilst there was a clearer case for a smaller geographical area to restrict small HMOs, given the current circumstances and matters considered within the report, it was considered that there was sufficient merit in introducing a Borough wide Article 4 direction to remove permitted development rights for the conversion of dwelling houses to small HMOs in order to protect the amenity and cohesion of our communities.

In recognising that HMOs do play an important role in providing a source of affordable housing, particularly those in acute housing need, the aspiration of future planning policies and associated  ...  view the full decision text for item 8.