Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Until 1 October 2010 planning permission was required for the change of use of a building including a dwelling-house to a House in Multiple Occupation (HMO). On 1 October 2010 the Government introduced new legislation. Now planning permission is not required for the change of use of a dwelling house to an HMO for up to 6 unrelated people.
The option exists for Councils to remove this right for parts of its District. This power lies within the existing provisions of Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended). Under Article 4 a Direction may be made by a Local Planning Authority to remove permitted development rights and require a planning application to be made, in this case, by a person wishing to change the use of a dwelling-house to an HMO
An Article 4 direction was made by the Portfolio Holder on 3 February to authorise the making of an Article 4 Direction on. The Direction will come into force after 12 month of this date. However, in order for this to happen the Direction must be confirmed by the Cabinet within 6 months of it having been made.
Cabinet confirmed a Direction under Article 4 (1) of The Town and Country Planning (General Permitted Development) Order 1995 (as amended) for the whole of the District to require that the development described in Part 1 of Class 3 to Schedule 2 of The Town and Country (General Permitted Development) Order 1995 (as amended) shall not be carried out unless permission is granted for it on an application to Thanet District Council as the Local Planning Authority.
The reason for making an Article 4 Direction to remove the right of owners to change the use of dwellings to HMO’s across the District lies in the harm that would be caused as a result of a further increase in HMO’s in Thanet which, because of the transient nature of the potential future occupiers of such accommodation and the inability of services in Thanet to meet their needs would cause demonstrable harm to the character of neighbourhoods affected by a proliferation of HMO’s and to residential amenity by reason of noise, disturbance and parking issues.
There is a current policy in the Thanet Local Plan (H11) that regulates the changes of use of buildings to HMOs, and requires consideration to be given to the impacts of HMO’s including the effect of the use in terms of noise and disturbance. The Cliftonville Development Plan Document, shows that the large number of small flats and HMO’s, which are generally in poor condition and therefore cheap to rent correlates with the attraction of vulnerable people from outside of Thanet into this District
The Strategic Housing Market Assessment (SHMA) that has been carried out for the East Kent sub region, recommends that the districts in the sub-region develop further policies to balance housing markets through intervening to maximise the potential of existing stock. Whilst the Core Strategy Preferred Options Consultation Document sets out the Council’s aims to achieve a balance in the type of housing stock comparable with the Kent average, as well as to protect the overall supply of family houses. These considerations also provide a justification for making a District wide Article 4 Direction.
To not Confirm the Direction under Article 4(1).
Rejected - because to not to remove the right of owners across the District to change the use of a dwelling to a House in Multiple Occupation (HMO) would result in a potential increase in the number of HMO’s in Thanet, which, because of the transient nature of the potential future occupiers of such accommodation and the inability of services in Thanet to meet their needs would cause demonstrable harm to the character of neighborhoods affected by a proliferation of HMO’s and to residential amenity by reasons of noise and parking issues. It would also render Local Plan Policy H11 and the Cliftonville DPD, ineffective as well as being contrary to the emerging Core Strategy.
Report author: Simon Thomas
Publication date: 27/06/2011
Date of decision: 23/06/2011
Decided at meeting: 23/06/2011 - Cabinet
Effective from: 05/07/2011