Agenda item

The Corporate Director of Place to present a report which responds to a motion approved by Full Council on 16 December 2021, requesting Executive to consider a review of the above Supplementary Planning Document.

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.

The Corporate Director of Place presented a report which responded to a motion, approved by Full Council on 16 December 2021 (Minute 48 of that meeting refers), requesting Executive to consider a review of the above Supplementary Planning Document (SPD) relating to Houses in Multiple Occupation (HMOs). 

The report set out the implications and legal considerations associated with undertaking a review of the SPD and asked Members to consider these, and any changes to policy, in the context of the council’s Local Plan, currently at examination.  It also drew attention to a recent decision of the Local Government & Social Care Ombudsman (LGSCO), relating to delays in updating the HMO database, and an Information Commissioner’s Office (ICO) decision notice, relating to provision of information on student HMOs.  Two options were presented, as detailed in paragraphs 36-48 and summarised below:

Option 1 – instigate a review of Policy 8 in the Local Plan (LP) and reconsider the role of HMO provision in delivering the city’s Housing need.  Not recommended, as a review of the HMO SPD and policy approach while the LP was under examination could undermine the examination and the integrity of the LP.

Option 2 – confirm the council’s view that its Local Plan policies are robust and fit for purpose, maintain the current approach to collecting information on known HMOs, consider planning implications of the Licensing regime in June and consider additional resources to help with Planning capacity.  This was the recommended option.

In response to matters raised under Public Participation, officers confirmed that:

·        in the LP, the council was seeking to restrict the expansion of off-campus student accommodation;

·        issues in relation to Badger Hill were not the subject of this report, and planning officers would be asked to respond.

Resolved:  (i)      That it be confirmed that the current HMO policies are evidence-based, robust and fit for purpose (Option 2) 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 o0f the future publication of HNO data be noted.

Reason:     To ensure Members are kept up to date with the 0council’s statutory data management obligations regarding its approach to HMO regulation.