Article 4 Direction for Houses in Multiple Occupation
Decision Maker: Elected Mayor
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Decision:
(i) That Spatial Planning and Community Services undertake to investigate any further potential to align Housing Licensing and Development Management processes to ensure that full opportunity for early intervention regarding breaches of existing planning and/or licensing requirements with regards to HMOs is undertaken; and
(ii) that Spatial Planning prepares a report and further develops a case for Council to make a decision on whether to prepare an Article 4 Direction which would have the effect of removing permitted development rights to change dwellings to small houses in multiple occupation (Class C3 Dwellings to C4 Small Houses of Multiple Occupation), without the need for express planning permission. That 6 months notice is given prior to the Article 4 Direction taking effect.
Reasons for the decision:
Members had raised concerns regarding the proliferation and management of HMOs in Torbay and were keen to investigate further ways that the problems associated with HMOs could be better managed.
Alternative options considered:
Not to proceed with an Article 4 Direction.
Implementation:
The decision will come into force and may be implemented on Wednesday, 9 August 2017 unless the call-in process is triggered (as set out in Standing Orders in relation to Overview and Scrutiny).
Information:
This proposal had been developed for further discussion at Policy Development and Decision Group before being considered at Council. An Article 4 Direction would remove permitted development rights from properties which allow change of use from Use Class C3 Dwelling to C4 House in Multiple Occupation (HMO) (for between 3-6 persons) across Torbay.
The potential benefits of managing small HMOs may lead to better realising the achievement of mixed and balanced communities and better amenity for residents in Torbay (helping to achieve a Prosperous and Healthy Torbay).
Interests and Nature of Interests Declared:
None
Publication date: 01/08/2017
Date of decision: 24/07/2017
Effective from: 09/08/2017
Contact Governance Support
- Email: governance.support@torbay.gov.uk
- Tel: 01803 207087
- Fax: 01803 207112
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