Decision details

Purpose of Report: The report responds to the Motion from full Council in December 2021 to review the Controlling the Concentration of Houses in Multiple Occupation” Draft Supplementary Planning Document 2012 (revised 2014) which is used to determine planning permissions for HMOs through the Article 4 Direction which came into force on 20 April 2012. The Council Motion asked Executive to consider halving the acceptable percentage thresholds to 10% at ‘Neighbourhood level’ and 5% at ‘Street Level’.

The report will identify implications and legal considerations associated with potential changes to the policy.

The report will also consider the findings of a recent Local Government Ombudsman decision on the publication of HMO data.

Executive will be asked to determine the council’s policy framework on controlling Houses in Multiple Occupation (HMOs) for consideration as part of the Council’s Local Plan.

Resolved:  (i)      That it be confirmed that the current HMO policies are evidence-based, robust and fit for purpose and that the consideration of a review of the Local Plan Policy H8 and the HMO SPD be deferred until such time as the Local Plan is adopted, at which time the appropriate resources and scope can be considered as part of the ongoing process of maintaining an evidence based Local Plan and the National Planning Policy Framework (NPPF) requirement for regular Local Plan reviews.

Reason:     To ensure the Local Plan examination is not put at risk and to ensure resources are in place to facilitate a robust evidence base approach to the future review of the Local Plan and policies.

                   (ii)      That the contents of the report regarding the recent LGSCO decision and the proposed review of the Planning team’s enforcement capacity in conjunction with the future HMO licencing report be noted.

Reason:     To ensure that Members are kept up to date and the commitments made to the LGSCO and the customer are complete.

                   (iii)     That the contents of the report regarding the recent ICO decision notice and confirming the nature of the future publication of HNO data be noted.

Reason:     To ensure Members are kept up to date with the council’s statutory data management obligations regarding its approach to HMO regulation.