Issue - meetings

Report of the Director of Streetscene and Regulatory Services

The Cabinet considered a report of the Director of Streetscene and Regulatory Services, that would also be considered at the meeting of Council on 5th September 2023, which sought confirmation of the Article 4 direction in respect of Homes in Multiple Occupation (HMO) and the undertaking of the necessary legislative steps to implement the Order.

HMOs could provide entry level accommodation but could also bring significant disruption to settled neighbourhoods. In order to ensure that HMOs came forward in ways that integrated with existing neighbourhoods, an Article 4 Direction was proposed in the wards most impacted by HMO’s currently, and those most likely to be in the future.

In drawing the boundaries of the Article 4 Direction area, officers have been cognisant of the requirements of the National Planning Policy Framework (NPPF) paragraph 53 for making sure the area is as based on robust evidence and applies to the smallest geographical area possible, whilst also considering the likely impacts on similar dwelling typologies.

On 15 February 2022 Cabinet (minute 77/21 referred) adopted a new Local Development Scheme that set out a timetable for the HMO DPD and Article 4 Direction, this report aligned with these established timelines. Cabinet on 14th March 2023 (minute 105/22 referred) and Council on 21st March 2023 (their minute 125/22 referred) had given delegated authority for the HMO DPD, which would inform future assessment of HMO planning applications, to be submitted to the planning inspectorate. This document could however be referred to in assessment of planning applications with ‘limited weight’ prior to its examination and anticipated adoption.

The Article 4 direction had been subject to public consultation alongside the HMO DPD, with responses to the consultation considered prior to recommendation to confirm the order, these responses were included in Appendix 2 to the report. Further to the consultation process undertaken from September 2022, authority was now sought to confirm the Article 4 direction which would remove the permitted development rights of changes of use from C3 (dwellinghouses) to C4 (houses in multiple occupation) therefore requiring planning permissions to be sought.

RESOLVED that the Cabinet recommends that Council:

1)  Approves the confirmation of the Article 4 direction and the undertaking of the necessary legislative steps for implementation of the order.

2)  Delegates authority to the Director of Streetscene and Regulatory Services, following consultation with the Cabinet Member for Housing and Communities, to authorise any non-substantive changes to the documents.

3)  Notes that if confirmed, the Article 4 Direction will come into force on 30th September 2023.