Agenda item

The making of Immediate and Non-Immediate Article 4 Directions in Wisbech will give the Local Planning Authority (LPA) the ability to properly consider the implications of all new HMOs that are created, avoid excessive concentrations of HMOs in particular areas and continue to monitor their distribution and effects on the wider area.

Schedule 5 to this report comprises exempt information - to exclude the public (including the press) from a meeting of a committee it is necessary for the following proposition to be moved and adopted: “that the public be excluded from the meeting for Items which would involve the likely disclosure of exempt information as defined in the paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) as indicated.”

Members considered the Article 4 Direction – HMOs in Wisbech report presented by Councillor Mrs Laws.

Members made comments, asked questions and received responses as follows:

·         Councillor Booth voiced his concern about the unintended consequence for the rest of Fenland. He questioned why the Article 4 Direction was written only for Wisbech rather than the entire district as the problem would likely spread.

·         Councillor Tierney said members should represent the views of the people who vote for them and the behaviour in some HMOs is something that he is regularly approached about. Whilst many HMOs are run very well, there are problematic ones. Until now, anybody could open an HMO housing up to six unrelated people without planning permission so this will provide an additional check and balance to ensure everything is done properly to prevent problems for neighbours.

·         Councillor Nawaz commented that there is more to it than social issues, there are also safety measures involved.  For example, properly licensed premises will follow legal requirements regarding fire safety and HMO operators will have to fulfil conditions to maintain the comfort and safety of their tenants and for this reason he supports this.

·         Councillor Hoy referred to Councillor Booth’s comment and said this is not something that can be brought in across the whole district because it needs to be evidence based and there is no evidence currently that this is a problem elsewhere. In response to comments about behaviours, she said this is not about combating antisocial behaviour as there are already powers to deal with this. This is solely a planning matter to stop smaller properties being used to house additional people inappropriately where planning permission is not currently required. Wisbech is saturated with HMOs, and this is a good proposal to contain the number available. Councillor Hoy added that she often finds an element of snobbery regarding HMOs which is unfair and unjustified as generally they are an affordable and respectable way for single people to live, however there is sometimes an element of justification because there are those that do cause problems and some streets are almost entirely made up of HMOs and this needs to stop.

Proposed by Councillor Mrs Laws, seconded by Councillor Hoy and AGREED to:

·         Approve the making of a direction under article 4(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) having non-immediate effect for Wisbech Town apart from the excluded areas (the excluded areas being Wisbech Riverside and Wisbech South wards) withdrawing the permitted development right to change use from a dwelling house (Class C3) to a small HMO (Class C4) use as set out in Schedule 1.

·         Approve the making of a direction under article 4(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) having immediate effect for the area of Wisbech Riverside and Wisbech South wards withdrawing the permitted development right to change use from a dwelling house (Class C3) to a small HMO (Class C4) use as set out in Schedule 2.

·         Delegate the implementation of the consultation process and final approval of the Immediate and Non-Immediate Article 4 Directions to the Corporate Director & Monitoring Officer in consultation with the Portfolio Holder for Housing & Licensing and the Portfolio Holder for Planning & Flooding

·         Endorse of the production of additional guidance on to ensure that the planning policy approach for assessing planning applications from Class C3 to C4 is clearly set out.