Agenda item

Report of Head of Legal and Democratic Services

Summary

To present the conclusions of the informal Task & Finish Group review of guidance criteria for the planning control of Houses in Multiple Occupation (HMOs) within the district. 

Recommendations

The Overview and Scrutiny Committee is recommended to agree that:

(1)            The proposed guidance criteria for the planning control of Houses in Multiple Occupation (HMOs) within the district should be referred to the Portfolio Holder, Planning and Housing and the Local Development Framework  (LDF) Advisory Panel for consideration and, if accepted, inclusion in the LDF.

(2)            The Portfolio Holder, Planning and Housing should be invited to task the Private Sector Housing Manager to prepare a briefing paper on the options for the implementation of additional discretionary licencing for HMOs.

(3)            The Portfolio Holder, Breaking the Cycle of Deprivation should be invited to consider addressing the existing “community based” problems in Grimsbury as part of the Banbury Brighter Futures project.

(4)            The conservation area issues in Grimsbury should be addressed as part of the separate Overview and Scrutiny Committee review into conservation area policy.

Councillor Bonner and Councillor L Stratford presented the conclusions of the informal Task & Finish Group review of guidance criteria for the planning control of Houses in Multiple Occupation (HMOs) within the district.  They explained that the Task & Finish Group understood and appreciated that HMOs were a necessary tool in meeting the demand for housing across the district but that the concern was with the Council’s ability to control the density and concentration of such properties in particular areas.  There seemed to be no effective mechanism to identify the overall location and number of HMOs in the district as we are only able to track those that applied for planning permission.

After lengthy discussion with officers the Task & Finish Group had concluded that only the issues relating to the general amenity provision, such as traffic, parking and litter and refuse, were those that Council could realistically address through the planning process.  They had been pleased to note the work by the Design and Conservation team to produce an informal planning guidance document which would be a valuable tool in addressing many of the points of concern.  

The Head of Planning Policy and Economic Development briefed the Committee on the recent government announcement to reverse the effects of the new regulations brought in by the previous government in April 2010 by giving permitted development rights for small HMOs (use class C4) to change use to dwelling houses (use class C3).  He stressed that no details were available about how or when these latest changes would be introduced but he understood that they would not require primary legislation.  He explained that the Government is encouraging local authorities to use Article 4 Directions to remove the permitted development rights of HMOs but the Committee should be aware that this had significant resource implications for the Council.  Also it was not yet clear whether the Article 4 Direction powers would be delegated to local authorities or reserved by the Secretary of State.   He explained that this reversal of the legislation meant that the Council was unlikely to see an increase in the number of planning applications for HMOs but that in broad terms the conclusions of the Task & Finish Group were still valid. 

Resolved

(1)               That the proposed guidance criteria for the planning control of Houses in Multiple Occupation (HMOs) within the district be referred to the Portfolio Holder, Planning and Housing and the Local Development Framework  (LDF) Advisory Panel for consideration and, if accepted, inclusion in the LDF:

a.      The Portfolio Holder for Planning and Housing should make resources available to ensure that the informal planning and design guidance document (“Sub Division of Buildings for Residential Uses”) is published (following public consultation) and in use for planning applications within the District as soon as possible.

b.      Planning Officers should begin to build up a case history/evidence base to demonstrate the precedence given to the informal planning and design guidance document (Sub Division of Buildings for Residential Uses) in determining HMO applications.

c.      The Portfolio Holder for Planning and Housing and the LDF Advisory Panel should consider whether to develop a formal policy document (or documents) for inclusion in the LDF to be based on contents of the document (Sub Division of Buildings for Residential Uses).

d.      Planning Committee and Planning Officers should ensure that consideration of planning applications for HMOs takes into account the general amenity provision and the implications and proposed arrangements for traffic flow, parking provision and recycling or waste bins.

(2)               That the Portfolio Holder, Planning and Housing be invited to task the Private Sector Housing Manager to prepare a briefing paper on the options for the implementation of additional discretionary licensing for HMOs.

(3)               That the Portfolio Holder, Breaking the Cycle of Deprivation be invited to consider addressing the existing “community based” problems in Grimsbury as part of the Banbury Brighter Futures project and to report back to the Overview and Scrutiny Committee at an appropriate date.

(4)               That the conservation area issues in Grimsbury be addressed as part of the separate Overview and Scrutiny Committee review into conservation area policy.