Issue details - Article 4 Direction restricting permitted development rights to change from Use Class C3 Dwelling to C4 Small Houses in Multiple Occupation (HMO)

Article 4 Direction restricting permitted development rights to change from Use Class C3 Dwelling to C4 Small Houses in Multiple Occupation (HMO)

It is proposed to prepare and serve an Article 4 Direction which will remove individual’s rights to use permitted development to change dwellings to small houses in multiple occupation (Class C3 Dwellings to C4 Small Houses in Multiple Occupation) without the need for express planning permission. It is recommended that 12 months notice be given prior to the Article 4 Direction taking effect.

Decision type: Key

Reason Key: High level of public interest;

Decision status: Recommendations Approved

Wards affected: (All Wards);

Decision due: 15 May 2012 by Council

Lead member: Councillor David Thomas, Leader of the Council and Leader of the Conservative Group david.thomas@torbay.gov.uk

Lead director: Charles Uzzell

Contact: Les Crump, Executive Head of Spatial Planning Email: les.crump@torbay.gov.uk.

Consultation process

A formal public consultation over a six week period.

Consultees

Residents of Torbay via Community Partnerships and relevant bodies e.g. Housing Associations and Shelter.

Reason for inclusion in Forward Plan: To enable the Council to require and then determine planning applications for change of use from C3 Dwellings to C4 Small HMO. Permission is currently not required as this is covered under permitted development. Removing permitted development through an Article 4 Direction will enable Council to determine planning applications for this change of use and their potential impact on the area.

Key Risks: Failure to serve an Article 4 Direction in this matter will allow the uncontrolled change of use of C3 Dwelling Houses to C4 Small HMO, this could create areas with large concentrations of a particular housing type, creating unbalanced communities.

If you want to make representations contact:: Alistair Wagstaff, telephone (01803) 208848, email alistair.wagstaff@torbay.gov.uk

Agenda items

16/05/2012 - Council Article 4 Direction restricting permitted development rights to change from Use Class C3 Dwelling to C4 Small Houses in Multiple Occupation (HMO) 16/05/2012