Agenda item

Councillor Osman Dervish, Cabinet Member for Regulatory Services and Community Safety, introduced the report

Cabinet was reminded that the report before it followed the 25 March Council Motion about the introduction of an Article 4 Direction on HMOs (Houses in Multiple Occupation).  Introducing an Article 4 Direction would mean that those new HMOs falling within a category of change of use which currently did not need planning permission would need approval through a planning application once an Article 4 was in effect.

An exercise of collating and mapping data about known and suspected HMOs was underway.  When complete this would create an evidence base from which to make informed decisions about the extent of HMOs and their impacts, both to progress detailed Article 4 work and also to support other initiatives for improving the monitoring, control and enforcement of HMOs through areas such as licensing.

The report explained that two Article 4s were anticipated, one geographically specific and the other to address possible displacement of HMOs into other parts of the Borough.  The aim was to strike an appropriate balance - recognising the continuing contribution that HMOs made as part of the borough’s housing mix - but sufficiently controlled so that their day to day operation had no materially harmful impact on the community including the living conditions of neighbouring occupiers.

Delegated powers existed for the Head of Regulatory Services to make Article 4 Directions.  The Head of Service would consult with the Leader and Lead Member for Regulatory Services and Community Safety when deciding to which wards the two respective Article 4 Directions should apply on the basis of evidence produced from the data profiling exercise currently taking place.

Reasons for the Decision

The decision responds to a Council's Motion and seeks to introduce measures to bring the formation of HMOs within the Council’s planning controls so that the suitability of premises and their impacts may be fully considered in the interest of amenity.

Alternative Options Considered

Failure to make an Article 4 Direction(s) would leave the Council unable to exercise planning control over the impact of HMOs. Given the trend identified of converting smaller dwellings and the likely problems identified, this option is not recommended in the interests of the amenity and wellbeing of the Borough.

Cabinet noted that:

1.            The Head of Regulatory Services would make a non-immediate Article 4 Direction to restrict permitted development rights to change the use, within geographically specific Havering wards, of any detached, semi-detached or terraced dwellings to HMOs under Schedule 2, Part 3, Class L of the Town and Country Planning (General Permitted Development) (England) Order 2015.  That the Head of Regulatory services would decide the geographical basis for this Article 4 based on a data gathering exercise and in consultation with the Leader of the Council and the Cabinet Member for Regulatory Services and Community Safety

That the Article 4 Direction would come into effect 12 months after the notice of direction.

That any representations made in regard to the Direction would be considered in deciding whether to proceed with Direction coming into effect.

2.            The Head of Regulatory Services would make a non-immediate Article 4 Direction to restrict permitted development rights to change the use within Havering wards, except for the geographically specific wards identified in accordance with recommendation 1 above, of any semi-detached or terraced dwellings to HMOs under Schedule 2, Part 3, Class L of the Town and Country Planning (General Permitted Development) (England) Order 2015.  That the Head of Regulatory Services would decide the geographical basis for this Article 4 based on a data gathering exercise and in consultation with the Leader of the Council and the Cabinet Member for Regulatory Services and Community Safety

That the Article 4 Direction would come into effect 12 months after notice of direction.

That any representations made in regard to the Direction would be considered in deciding whether to proceed with Direction coming into effect.

3.         A further report would be brought to Cabinet setting out proposed measures for improving the monitoring, control, licensing and enforcement of HMOs, including the resources necessary to support this.