Agenda item

This report follows on from the paper considered by Members on the 6^th September 2010 which provided an update of work undertaken in exploring a planning response to the issue of Houses of Multiple Occupation (HMO’s) including the possibility of Article 4 Directions being used. The report provides a summary of work undertaken since 6^th September. It also provides Members with potential options for progressing the work.

Members received a report that followed on from a paper that had been considered by the Working Group at their meeting on 6 September 2010.  The report provided an update of work undertaken in exploring a planning response to the issue of Houses in Multiple Occupation (HMOs), including the possibility of Article 4 Directions being used.  The report provided a summary of work undertaken since 6 September 2010.

Officers updated that they had received 29 emails from landlords, the majority of which stated that the Council already has enough powers to tackle HMO’s, that further consultation is required and that members need to consider the role of HMOs in the City and that there is a danger  York will be considered to be anti-student.

The report followed on from the 6^th September 2010 report and covered the following:

• An update on revised government guidance published on 5^th November 2010.
• Information on other Local Authority approaches to implementing Article 4 Directions, such as Manchester.
• Work undertaken on developing an evidence base exploring the spatial extent and concentrations of student housing, quantitive research on  crime and housing statistics and qualitive research comprising of street surveys and contact with residents including the Badger Hill Residents Community Group and Osbaldwick.
• Guidance from legal services on the appropriateness of implementing an article 4 direction.

The Chair confirmed the following:

• That Article 4 Direction is not retrospective and that  if a dwelling is a HMO already, it would not be affected. Officers confirmed that this is correct.
• That the Working Group could not make a decision on this issue only a recommendation to the Councils executive.

Members made the following comments:

• The maps produced by Officers show the scale and impact of HMOs on the housing map of the city and that certain Members had in the past suggested setting a policy to ensure that the Universities seek to provide accommodation for their students. Such a policy had not been adopted and some Members had voted against the York University planning application as it had not demonstrated how it would assist in meeting the increased demand for student housing.
• A Member moved to adopt Option 2 and to advertise the making of an article 4 direction. 12 months notice should be given and the whole main urban area as outlined on the Officers housing map should be included. This was seconded.
• Extend the consultation where further information would be useful, especially in respect of the impact on schools.
• Some Members had visited Headingly which has a high level of HMOs. Although York is not on the same level, adopting article 4 direction would be a precautionary approach to stop the same problems occurring.
• Low level and ongoing problems associated with HMOs that concern local residents.
• Members acknowledged that there are planning controls available to tackle HMOs but the article 4 direction would offer the Council more say over how many and the location.
• Officers need to  ensure all relevant groups are included in any future consultation.
• Members are not anti-student or landlord, but recognise the need to help residents and get the balance right.

The Chair advised that the housing map is the result of a period of time and build of HMOs. Recommending an article 4 direction is the easy part and the next step will be the working group and the planning committees deciding what thresh hold to apply. It is prudent to consult with all relevant groups over the next 12 months and work towards deciding a thresh hold.

Members considered the following options:

Option 1:        Await the outcomes from the focus group and student survey before considering making an Article 4 Direction to remove permitted development rights for changes from Class C3 (dwellinghouse) to Class C4 (HMOs).

Option 2:        Progress with implementing a city wide Article 4 Direction, that covers the main urban area, as soon as possible to remove permitted development rights for changes from Class C3 (dwellinghouse) to Class C4 (HMOs).

Option 3:        Progress with implementing a more limited, area specific Article 4 Direction as soon possible, to remove permitted development rights for changes from Class C3 (dwellinghouse) to Class C4 (HMOs).

Option 4:        An alternative approach as directed by Members of the LDF Working Group.

RESOLVED: (i)That it be recommended to the Executive that Option 2 be approved.

(ii)That Officers continue to work with the Stakeholders identified in the report, as well as Landlord representatives, with a view to establishing detailed planning guidance which can be applied when the Directive is implemented and also to consider additional ways of mitigating the effects that concentrations of short term let properties might have on local neighbourhoods.

REASON:      To enable the Council to manage the spread of HMOs.