Agenda item

To determine the application.

Nikki Carter presented the report to members and drew members attention to the update report that had been circulated.

Members received a presentation, in accordance with the public participation procedure, from Lee Bevens, the agent. Mr Bevens stated that he had originally planned to provide justification for the scheme for up to 12 persons to include the associated works for a House of Multiple Occupancy (HMO) at 7 Station Road Manea and had written a long statement in support of the proposal as members may or not be aware that the former Classics restaurant with the associated bed and breakfast business had accommodation for up to 9 people on the first floor. He stated that he had a detailed discussion earlier that day with Councillor Charlie Marks to discuss the concerns that he still feels exist with the proposal and following positive discussions to find a common ground that would suit both Councillor Marks and the applicant, which included the sensitive nature of the site and its location in a residential area.

Mr Bevens explained that the suggestion reached is to agree to a maximum of nine persons in the HMO for the first 12 months and after that time the Housing Compliance Manager, Jo Evans, would review the project to assess how the HMO is being operated and then hopefully grant the additional 3 persons which would still mean a maximum of 12 residents in the HMO. He thanked Jo Evans, the Housing Compliance Manager, and Nikki Carter, the Planning Officer, for the support and input with the scheme to date and he asked the committee to support the amendment to the scheme and grant approval for a 9 person HMO with a review in 12 months to increase it to a 12 person HMO.

Members received a presentation, in accordance with the public participation procedure, from Councillor Charlie Marks, the ward councillor. Councillor Marks confirmed that he has been in discussion with Mr Bevens earlier that day and, in his opinion, the outcome that has been reached is a compromise. He explained that the residents of Manea are not happy with a 12 person HMO, but as there are 9 already in place, in his opinion, he can see no reason why this cannot be considered as a good way forward and will give the HMO Officer the opportunity to review the premises over the next 12 months and work with the owner.

Councillor Marks stated that, therefore, at the current time he will support this.

Members asked Councillor Marks the following questions:

·         Councillor Hicks asked whether Councillor Marks has engaged with any of the local residents with regards to the proposal? Councillor Marks stated that he has had various communication with various residents and all of the residents have been very aware of the number of occupiers proposed in the application for the HMO as 12. He added that there has been 8 or 9 letters of support and also 27 letters of objection with regards to the property, however, the issue is that there is already planning consent in place for 9 people and that number of persons was resident on site when the premises was a bed and breakfast and, therefore, the 9 makes no difference.

Members asked officers the following questions:

·         Councillor Hicks stated that he notes that the applicant has offered to introduce an acoustic fence and he asked whether there is any evidence as to how much noise reduction the acoustic fence will prevent? Nikki Carter stated that information was not available, however, Environmental Health colleagues have been consulted and they have indicated that the acoustic fence is typical of one which would be requested by them or incorporated by developers as a means of noise mitigation. She explained that full details of the acoustic fence have not been received at this stage as there would need to be conditions included prior to the occupation of the HMO.

·         Nick Harding stated that it appears that the agent and applicant now appear to wish to reduce the number of occupants of the HMO to 9 and then subject to that operating in a satisfactory manner for a period of time then the number of occupants would increase to 12. He made the point that as it stands the way that the application has been described within the application process may cause an issue to facilitate this proposal being put forward today by the agent. Nick Harding explained that it can be facilitated if the applicant is going to operate the HMO and then if it operates successfully then apply for 12 through the HMO licensing process, however, the control of that option would fall outside of the control of planning. He stated that whilst he is sure that Mr Bevens and his client would remain true to their word, it would have to be on trust because it would not be controlled under the planning permission which may be granted by the committee. Nick Harding stated that should the committee want to control the suggestion put forward by Mr Bevens through the planning process then the description of the development would need to be changed and that would then have to go out to public consultation where they may be representations which would mean the proposal coming back before the committee, however, if there were no further representations made, following the consultation, then the condition would be that it can only be occupied by 9 and then the applicant would have to reapply after the satisfactory period in order to increase the numbers up to 12 and, in his opinion, that will be difficult and awkward. He added that the agent may feel that is not the best option for him and his client and the best way would be to follow the HMO Licensing process. Nick Harding reiterated that as it stands, the application cannot be controlled through the granting of planning permission due to the way that the application has been described.

·         Councillor Connor expressed the view that the long-winded option would not be the best course of action.

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

·         Councillor Mrs French expressed the view that she is pleased that the Mr Bevens and Councillor Marks have been in discussion regarding the proposal as the application has been considered over several years and also lost at an appeal hearing. She added that she is delighted to hear the suggested reduction to the proposal being for 9 persons and added that she understands what Nick Harding has advised the committee, however, she does not wish to see the proposal being brought back to the committee again. Councillor Mrs French stated that she understands that if the application were approved it would be for 12 residents and if approved it will give the Council’s Licensing Team the authority to license and monitor the site which she feels is the correct thing to do. She explained that she attended a Community Safety Partnership meeting recently and one topic which was heavily discussed with the Police was HMO properties and the fact that the Police along with Council officers will now be strictly monitoring properties of this type. Councillor Mrs French made the point that her only concern is with regards to noise but as long as the noise levels can be contained in order that the residents are not suffering under the Human Rights Act, Article 8, as they are entitled to the enjoyment of their home, and she would hope that the dwelling is monitored appropriately.

·         Councillor Benney stated that the application has a recommendation for approval, and he cannot see any reasons why the application should be refused. He made the point that he does welcome the idea of the reduction of residents to 9, however, when considering the officer’s advice, where members have been advised that the reduction in numbers cannot be achieved through planning conditions, the recommendation is one of approval. Councillor Benney made the point that the application has been before the committee on numerous occasions and whilst the premises suffered from problems in the past due to the fact that it was not regulated, should the application be approved, it will fall under the proper licensing regime and the premises will be monitored by the HMO team. He expressed the view that if the application is refused it will come before the committee again in one form or another and whilst he would have liked to seen it reduced to 9 residents, if that cannot be done, then 12 is a better solution than the previous application which was for 18. Councillor Benney added that the committee have a steer from the Inspectors report which was provided and he cannot see any other option than to approve the application as the officer’s report details the fact that the application is policy compliant and can be closely monitored. He added that whilst he has considered the concerns of Councillor Marks who has represented his residents very well, there is a point which comes down to planning policy, if the policy will not permit 9 residents then the application must be approved for 12.

·         Councillor Hicks stated that he would be more than happy to support the proposal for 9 with a view to increase it to 12 at a later stage.

Proposed by Councillor French, seconded by Councillor Benney and agreed that the application be GRANTED as per the officer’s recommendation.

(The Chairman agreed to change the order of speakers to allow the Agent to present to the committee first)

(Councillor Marks spoke as the Ward Member for Manea in his capacity as a District Councillor and took no part in the discussion or voting on this item)