Agenda item

Report of the Executive Director Economy and Public Protection

The Cabinet Member with the Economy Portfolio introduced the report (previously circulated) of the Executive Director Economy and Public Protection to seek approval of cabinet to start the legal process of the introduction of a Boroughwide Article 4 Direction which would remove permitted development rights to allow the change of use from Use Class C3 (dwelling house) to Use Class C4 (small house of multiple occupation between three and six unrelated individuals).

The report explained that Houses in Multiple Occupation (HMO’s) for part of the borough’s privately rented housing provision, this form of accommodation is generally more affordable and flexible that other housing types and therefor suitable for younger people and other households not living as families. 

The report touched on the positive impacts of such as reduced housing costs and to help individuals form new networks and relationships, but also if managed poorly can create issues.

The report stated the current change of use from a dwelling to a small house of multiple occupation (one with three- six unrelated individuals) does not require planning permission, changes of use to larger HMO’s (one with more than six unrelated individuals) does require planning consent, the introduction of an Article 4 Direction would result in planning permission to be required for those smaller changes of use.

The report explained that it is considered pertinent to introduce a boroughwide Article 4 Direction as the introduction on a smaller geographical area may result in the issues at current pushed to other areas within the borough.

RESOLVED - It is recommended that:-

(a)    The Council indicate their intention to introduce a non-immediate Article 4 Direction to remove the permitted development rights to change a C3 dwelling to a C4 HMO in Darlington

(b)   .(b) If, after the period stated in the notice by which representations may be made (at least 42 days from the date of the notice), no representations objecting to the Article4 Direction have been received that the Director of Economy and Public Protection is given delegated powers to confirm the Article 4 Direction 12 months following the publication of the notice. If representations objecting to the Article 4 Direction are received then the matter will be brought back to Cabinet for further consideration.

(c)     Supplementary planning guidance is prepared to assist property owners, planning applicants, planning officers and elected councillors in preparing, commenting on and determining planning applications

REASON - The recommendations are supported by the following reasons:-

(a)    There has been an increase in the number of HMOs and some concerns have been raised about the quality of accommodation they provide and their concentration within certain locations.

(b)   The introduction of an Article 4 Direction will enable the Council to control the location and quality of new HMOs. This will help deliver the Council aspiration of providing quality, affordable housing for all. It would also provide more information on their whereabouts.

(c)     Not to introduce an Article 4 Direction was rejected as a recommendation as it would mean the Council had little control or influence on the establishment of new HMOs, and it is not considered in the best interests of ensuring the delivery of good quality affordable housing for all.

(d)   The introduction of an immediate Article 4 Direction was rejected as an option as it would open the Council up to challenge and potential compensation claims. In addition, it would not allow for effective consultation and engagement on the introduction of Supplementary Planning Guidance to guide new HMO development.