Agenda item

This report follows on from an earlier report on the draft Controlling the Concentration of Houses in Multiple Occupation (HMO) Supplementary Planning Document (SPD) considered by LDF Working Group Members on 9 January 2012. Its purpose is to inform Members of the outcomes of the recent consultation on the draft SPD. It also seeks approval from Members for the revised SPD (attached at Annex 2 of this report) to be used to determine planning applications following the commencement of the Article 4 Direction on 20 April 2012.

Members considered a report which followed on from the earlier report considered by Members on 9^th January 2012. Its purpose was to inform Members on the outcome of the recent consultation on the draft Supplementary Planning Document (SPD). The report also sought approval for the revised SPD attached at Annex 2, in order for it to be used to determine planning applications following the commencement of Article 4 Direction on 20^th April 2012.

The SPD would remain a draft SPD until such a time as the Core Strategy has been through examination and is formally adopted by the Council.

The role of the SPD is to provide guidance on how planning applications for change of use to Houses of Multiple Occupation (HMO’s) will be determined in order to allow the Council to manage the spread of HMO’s. It will also ensure that unsuitable large concentrations of HMO’s in our neighbourhoods are not created.

Officers advised that they had commenced the consultation on the document on 23 January 2012 and had used the LDF database which has approximately 2900 consultees held on it. In addition key stakeholders relevant to HMO issues and individuals who had made expressions of interest were also consulted. The Consultation documents are available on the Council’s website.

Members commented and questioned a number of points including:

·        How a neighbourhood area is defined. Officers advised this could be looked into further if Members wished.

·        Whether a planning application for a HMO could be called in by Members if there were planning grounds to do so, but otherwise would be delegated officer decision. Officers confirmed this to be the case.

·        Some Members queried the impact of article 4 on house sales in streets that already have over 50% HMO’s. Members were concerned that the policy could hinder individuals when selling property. Officers advised that as with any planning application, material considerations would be taken into account.

·        Data on concentrations should be made readily available to ensure transparency for landlords. Officers confirmed that mapping would be available on the Council website.

Officers advised that in light of Members comments and due to the Article 4 Direction being a relatively new policy area, they would monitor the situation in York as well as nationwide, and bring a report back in approximately a years time to update them on how York’s approach is working.

RESOLVED:                That the LDF Working Group recommended that Cabinet:

i.              Approve the draft SPD to be used for Development Management Purposes in accordance with Option 1.

ii.             Delegate to the Director of City Strategy in consultation with the Cabinet member for City Strategy that are necessary as a result of the recommendations of the Working Group.

iii.            That a review of how the scheme is operating be carried out after a year and a monitoring report be brought to Members.

REASON:                     So that the SPD be approved and used for Development Management purposes to support the emerging LDF Core Strategy and the Article 4 Direction which comes into force on 20 April 2012.