Agenda item

Jonathan Carr, Head of Development Management at the City of York Council, gave a presentation on the planning policies relating to houses in multiple occupation.   The presentation focussed on the following issues:

·        The concerns that had been raised by residents, including views put forward at the Ward Committee in October 2011.  The issues raised had included anti-social behaviour, noise nuisance, parking pressures and above average levels of litter in some areas.

·        The findings of a council survey into HMOs, including the concentration of  HMOs in certain parts of the city.

·        An explanation of HMOs in terms of planning legislation and the definitions used.

·        The introduction by City of York Council of an Article 4 Directive with effect from April 2012.  It was noted that this did not apply to HMOs that were in place prior to this date.  Details were given of the Supplementary Planning Document which contained the guidance and criteria.  Full details were available on the Council’s website (www.york.gov.uk/environment/Planning/article4/)

·        The thresholds would be reviewed on an annual basis.

·        The Council would investigate any alleged breaches of control and evidence of occupation prior to 20 April 2012 would be sought if appropriate.

·        Details of the action that could be taken for any breach, including a Planning Enforcement Notice and the court action if required.

Clarification was sought as to whether an HMO application could be refused and whether there was an appeals process.   The officer confirmed that an application could be refused and that the applicant could appeal against such a decision.  He confirmed that the policy had not yet been challenged through an appeal and the thresholds had not yet been considered by the Planning Inspector.

Residents expressed concern that the Council was not always able to identify HMOs, particularly if the landlord paid council tax.  The officer explained that information such as council tax records, landlord licenses and information from the public was taken into account. 

Concerns were also raised that some landlords were stating that their properties were HMOs prior to 20 April 2012, although local residents did not accept this to be the case.  Officers explained the ways in which such potential breaches were investigated and assured residents that a lease in itself would not be accepted as sufficient proof.  If there were concerns about a particular property the Planning Enforcement Team would investigate.

Members stated that the Landlords Association was trying to work with them to address residents’ concerns.

Residents stated that they had local knowledge and were well placed to provide information about HMOs in the area.  Discussion took place as to how this information could be shared effectively with the Council.  It was noted that the Badger Hill Residents Community Group  had been notifying Members of concerns about particular properties and these had been reported to the Planning Enforcement Team.  Members requested that residents remain vigilant about this issue and report any potential breaches. 

Residents acknowledged that  arrangements put in place to enable them to share information about HMOs with the Council should not breach data protection regulations  or enable those living in HMOs to be adversely targeted in any way, but they nevertheless would welcome assurances that the information that the Council had in respect of these properties was accurate.

Concerns were expressed regarding the condition and upkeep of some of the HMOs.  Residents were informed that council officers were looking into this issue and would welcome the opportunity to attend a future Ward Committee meeting to talk more about this matter.  Consideration was being given to setting up an accreditation scheme. 

Residents stated that they also wanted action to be taken to prevent lettings boards being displayed for long periods of time.  Members agreed to explore what action could be taken to address this problem.

Clarification was sought as to the action that the university was taking to ensure that students had access to good quality accommodation.  It was noted that the university was itself a landlord and also had accredited housing list.  Some students did, however,  make their decisions about accommodation based on cost rather than quality.  The situation in respect of the building of student accommodation on the university campus, including the legal dispute about the planning conditions, was noted.

Jonathan Carr was thanked for his attendance at the meeting.