Agenda item

1.     That the Service Lead: Legal be authorised to make a non-immediate Direction under the provisions of Article 4(1) of the Town and Country Planning (General Permitted Development) (England) 2015 to remove permitted development rights under Class L, of Schedule 2, Part 3 (development consisting of a change of use of a building from a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Class Order, to a use falling within Class C4 (houses in multiple occupation).

2.     That the Service Lead: Built Environment and the Service Lead: Legal be authorised to consider any objections received after the Direction is made and publicised and to confirm the Direction.

Councillor Gordon-Smith introduced the report and highlighted that the proposals had been recommended following meetings with local residents earlier in the year.  He explained that before the direction was made, the Council must publicise and take account of any representations and the direction must then be approved by the Secretary of State, because it removed permitted development rights.

Mike Robinson and Alison Broderick spoke during public participation as summarised briefly below.

Mr Robinson

Speaking as a resident of Chalk Ridge and on behalf of other residents of the road in support of the proposed Article 4 direction.  Emphasised the negative impact on existing residents of the significant increase in houses in multiple occupation (HMOs) which had been developed for larger number of tenants than originally intended for the houses.  This included additional traffic movements and anti-social and criminal behaviour.

Ms Broderick (Savills associate on behalf of Platinum property partners)

Stated that the percentage of HMOs in Chalk Ridge was below the threshold that necessitated an Article 4 direction.  The landlords did not necessarily agree with the requirement but understood the residents’ concerns.  Therefore, they supported a non-immediate Article 4, as was recommended in the report. 

At the invitation of the Leader, Councillors Radcliffe and Lumby addressed Cabinet as summarised briefly below.

Councillor Radcliffe

Spoke as a ward councillor in support of the report’s recommendations and highlighted the impact of the number of HMOs in Chalk Ridge on local residents.  He recognised that HMOs were an important element of an area’s housing stock but believed they should be appropriately regulated and controlled.

Councillor Lumby (speaking on behalf of Councillor Brook)

Emphasised the importance of HMOs within the overall housing stock but recognised the particular impact on Chalk Ridge residents.  Believed that the Article 4 direction could move the development of additional HMOs to surrounding areas and it was therefore more appropriate for the Local Plan to take a holistic approach rather than the piecemeal approach currently being adopted. 

During debate, Cabinet Members recognised the need for HMOs in general, but supported the introduction of an Article 4 direction in Chalk Ridge to help tackle the particular issues in the area.  Members also emphasised the requirement for other smaller affordable housing provision and the Local Plan to forecast and plan for the number of purpose built student halls of accommodation within the city.

Cabinet agreed to the following for the reasons set out in the report and outlined above.

RESOLVED:

1.            That the Service Lead: Legal be authorised to make a non-immediate Direction under the provisions of Article 4(1) of the Town and Country Planning (General Permitted Development) (England) 2015 to remove permitted development rights under Class L, of Schedule 2, Part 3 (development consisting of a change of use of a building from a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Class Order, to a use falling within Class C4 (houses in multiple occupation).

2.            That the Service Lead: Built Environment and the Service Lead: Legal be authorised to consider any objections received after the Direction is made and publicised and to confirm the Direction.