Agenda item

The Portfolio Holder for Planning and Housing, the Strategic Director, Planning Housing and Economy and officers from Planning and Housing Services will be present at the meeting.

This is an opportunity for the Committee to find out more about the policies and regulations applicable to conservation areas and to question officers on the Council’s use of those policies.

Following the discussion the Committee will wish to consider whether to make recommendations to the Executive or to add the topic to their work programme for more detailed scrutiny in 2010/11.

The Chairman reminded the Committee that it had previously considered the possibility of conducting a full review of built environment conservation area policy and practice in the District.  This review had not been pursued, but, at its last meeting the Committee had expressed further interest in the issues – with particular reference to Grimsbury Conservation Area and pressures to subdivide houses.  The discussion had widened to cover general housing and deprivation issues in Grimsbury.  As a result, the Committee had asked for an opportunity to meet with the Portfolio Holder Planning and Housing and relevant officers to explore all the issues that had been raised, before reconsidering whether to undertake the policy review. 

The Chairman welcomed the following guests:

• Councillor Michael Gibbard, Portfolio Holder Planning and Housing
• John Hoad, Strategic Director Planning, Housing and Economy
• Jameson Bridgwater, Head of Development Control and Major Developments
• Philip Clarke, Head of Planning and Affordable Housing Policy
• Tim Mills, Private Sector Housing Manager
• Linda Rand, Design and Conservation Team Leader

The Strategic Director Planning, Housing and Economy gave a short presentation on ‘Housing Change – Control and Management’. The presentation covered the existing planning policies and regulations; additional policies and controls that could be applied to conservation areas; the benefits and adverse impacts of the conversion of existing properties to flats and creation of Houses in Multiple Occupation (HMO).

The Strategic Director Planning, Housing and Economy noted that there had been increasing concern on the part of Grimsbury ward councillors that the level of property sub-division in the Grimsbury area was too high and could not be sustained. The Committee was advised that there were 228 known Houses of Multiple Occupancy (HMOs) in the District of which 45 were in Grimsbury. In percentage terms, the number of HMOs in the District was 0.39% and 4.5% in Grimsbury.

The Strategic Director Planning, Housing and Economy advised the Committee that there were currently a number of policies relevant to the issues identified including national planning and housing policy, the Local Development Plan, conservation area controls and private sector housing policies. The Committee was advised that from April 2010 a new power requiring planning permission for all new HMOs would come into effect. The Strategic Director Planning, Housing and Economy explained that as Local Planning Authority the Council would find itself dealing with a number of these newly required applications. It was anticipated that consideration of applications would include whether the application would result in adverse physical change, or if the level of HMOs in an area was causing social problems.  Decisions to refuse would need to be well justified, with strong evidence of harm.  It was noted that the main reason for the introduction of the new legislation was the need to manage the provision of student HMOs in University towns and cities where heavy concentrations of HMOs and severe problems of anti social behaviour were evident.

Members of the Committee acknowledged that development and change was inevitable and necessary. However they expressed concern that Cherwell District Council did not seem to be strong enough in protecting the heritage and conservation in Banbury. The Head of Development Control and Major Developments assured the Committee that the Planning department sought to ensure that planning applications for properties within conservation areas would protect, maintain or enhance the area. It was however important that there were sound planning reasons when planning applications were refused.

The Design and Conservation Team Leader briefed the Committee on the designation of conservation areas noting that the process attracted opposition as well as support. She reported that conservation area designation did not make a significant difference to residents, principally it gives the Local Authority extra controls over demolition, minor developments and the protection of trees, but that expectation of the level of influence on overall quality of the built environment from these controls could easily be disappointed.  Article 4 Directions (which relate to restrictions of Permitted Development rights) can give greater control, but can be controversial.

In response to Members’ questions, the Strategic Director Planning, Housing and Economy advised the Committee that while the Council has some very specific Article 4 Directions in place this tool was not used extensively in conservation area designation and management in Cherwell. This was for a number of reasons including the fact that Article 4 Directions restrict the right of an individual to modify their own home and their use would require considerable investment and resources on the part of the Council. 

The Committee acknowledged that there were different types of flat conversion and HMOs and that although they were not prevalent throughout the district, rather there were certain areas where they were seen to cause problems. The Committee considered the need for criteria and a policy for HMOs reflecting the new legislation to be enshrined within the Local Development Framework. The Strategic Director Planning, Housing and Economy advised the Committee that work was currently underway on a Guidance document on flat conversions and HMOs that could become part of the Local Development Framework. The Committee agreed that it was important to provide evidence of the issues faced in Grimsbury to support this work.

The Committee were advised of the arrangements for the Overview and Scrutiny Committee to make suggestions, or raise concerns, over planning policy issues.  These issues are referred to the informal Local Development Framework Advisory Panel which is convened by the Portfolio Holder Planning and Housing and is made up of non executive members, including the Chairman of the Planning Committee. The Chairman of the Overview and Scrutiny Committee is a standing Member of the Panel and is able to ask for the Panel to consider any issues raised by the Committee.

It was agreed that Councillors Bonner, Clarke and Smithson would meet informally with the Head of Planning and Affordable Housing Policy to consider the potential to use the new planning controls on HMOs and suggest decision criteria that could be included in the proposed guidance document.  The councillor group would then ask the Chairman to put its suggestions to the Portfolio Holder through the Local Development Framework Advisory Panel.

The Committee also agreed that, based on the briefing, they would like to undertake further scrutiny work on the specific issue of built environment conservation areas as set out in the Scoping Report previously prepared and would add it to their 2010/11 work programme.

The Chairman thanked the Portfolio Holder and Officers for attending the meeting.

Resolved

1)                 That Councillors Bonner, Clarke and Smithson would meet informally with the Head of Planning and Affordable Housing Policy to consider the potential to use the new planning controls on HMOs and suggest decision criteria that the Chairman could recommend to the Planning and Housing Portfolio Holder through the Local Development Framework Advisory Panel.

2)                 That Built Environment Conservation Areas be included on the Overview and Scrutiny work programme 2010/11.