Presentation on theme: "Housing Services Forum1 Houses in Multiple Occupation: Planning Update."— Presentation transcript:
Housing Services Forum1 Houses in Multiple Occupation: Planning Update
Housing Services Forum2 HMOs Planning Update Legal Changes - Recap 6 th April - Introduced Use Class C4 (HMO up to 6 occupants) Tightened the definition of a single household within Use Class C3 (dwellinghouse) and provides consistency with the Housing Act 2004 definition 1 st October – Amended the GPDO to allow conversion from C3 to C4 without the need for an application. In effect - loss of planning control for HMOs (up to 6 occupants)
Housing Services Forum3 HMOs Planning Update Legal Challenge. Application for Judicial Review Lodged with High Court. Council’s application was dismissed in April 2011 as the Judge considered the Govt. has a broad discretion as to how the consultation should be undertaken and that the main adverse impacts of the changes had been flushed out before the decision to lay the information was made. Council was granted leave to appeal this decision.
Housing Services Forum4 HMOs Planning Update Legal Challenge. Appeal heard at the Court of Appeal on the 23 rd November 2011 by Lord Justices Pill & McFarlane and Lady Justice Arden. Court will issue their decision before Christmas
Housing Services Forum5 HMOs Planning Update Possible Outcomes JR succeeds – Court quashes the legislation. Planning control is maintained, all HMOs will require planning permission and any existing can still be enforced against; or JR succeeds – Court issues a direction advising that the Govt. was wrong in its procedure but does not quash the legislation. JR fails – The legislation will remain in force.
Housing Services Forum6 HMOs Planning Update To maintain Planning control of HMOs within the Milton Keynes area the Council has introduced Article 4 Directions Article 4 Directions are issued by the Council in circumstances where specific control over development is required, primarily where the character of an area of acknowledged importance would be threatened. Such Directions are usually applied over an area rather than an individual property and are registered as a Local Land Charge. The effect of such a Direction is to remove permitted development rights, thereby necessitating a planning application to be made. In this case the Council has removed the permitted development rights which enable a residential dwelling to be converted to an HMO without planning permission.
Housing Services Forum7 HMOs Planning Update Immediate Article 4 Direction Milton Keynes Council made an Article 4 (1) Direction on 29th December The Direction removed permitted development rights for the change of use from dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4). The Direction had immediate effect from 30th December 2010 and was due to expire on 30th June 2011 unless confirmed before expiry. The Council invited representations on the Article 4 Direction between the 30th December 2010 and the 24th March All representations were considered and on the 23 June 2011 the Council resolved to confirm the immediate Article 4 Direction. The Direction was subsequently confirmed by the Council on the 28th June The confirmed Article 4 Direction applies to the whole of the Milton Keynes Council area, save for the Wards of Hanslope Park, Olney, Sherington and Danesborough.
Housing Services Forum8 HMOs Planning Update
Housing Services Forum9 HMOs Planning Update Non-Immediate Article 4 Direction Confirmation Milton Keynes Council made an Article 4 (2) Direction on 22nd December The Direction removes permitted development rights for the change of use from dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4). The Council invited representations on the Article 4 Direction between the 23rd December 2010 and the 17th March All representations were considered and on the 23 June 2011 the Council resolved to confirm the non-immediate Article 4 Direction. The Direction was subsequently confirmed by the Council on the 28th June The Direction will have effect from the 23rd December The confirmed Article 4 Direction applies to the whole of the Milton Keynes Council area.
Housing Services Forum10 HMOs Planning Update
Housing Services Forum11 HMOs Planning Update The Article 4 Directions mean that All new HMOs will require planning permission. Applications will be assessed against Policy including the new SPD. Main considerations of an HMO application. 1) Numbers of existing authorised HMOs in the area. (Character) 2) Parking (assessed against the parking standards). 3) Amenity issues (bin storage, clothes drying, cycle storage) 4) Noise Assessments. (Insulation quality of property) Only applications which comply with policy will be permitted.
Housing Services Forum12 HMOs Planning Update Correct Procedure for Landlords If considering purchasing a property, speak to the planning HMO team first to seek an informal opinion on the likelihood of permission. If favourable, apply for planning permission and speak to PSH regarding the requirements under Housing Act Legislation. If planning permission is granted then works as specified in planning conditions and the requirements under Housing Act Legislation can be undertaken. When all works are completed, Tenants can move in.
Owner considers using or buying a property as an HMO Owner Contacts Planning & Private Sector Housing Before Commencing Use Planning Officers give advice in relation to the likely success of an application Private Sector Housing officers give advice in relation to works required to meet requirements of the Housing Act 2004 and associated guidance Unlikely to get permission on this property. Owner is advised to find an alternative property. If it appears to meet policy a planning application is requested. Application Submitted Planning Permission Granted Planning Permission Refused. Owner should find an alternative property or Appeal. Works must be undertaken in accordance with the Schedule of Works provided by PSH as well as any planning conditions. Tenants can move in Licensing application approved if applicable Appeal Lost Appeal Won Property Cannot be used Correct Procedure For Landlords Setting up an HMO
Housing Services Forum14 Houses in Multiple Occupation Supplementary Planning Document Housing Services Forum December 2011
Housing Services Forum15 How are applications currently assessed? 4 Main Issues: Noise and disturbance Parking Bin Storage Character and Concentration
Housing Services Forum16 Supplementary Planning Document Provides additional guidance on the 4 main requirements of the Local Plan Policy H10. Need to balance concerns of community with recognition of role HiMOs have in meeting housing need. Draft SPD is accompanied by a background evidence paper
Housing Services Forum17 Noise, Bin Storage and Parking Requirement for applicant to demonstrate what measure will be taken to minimise noise both for neighbours and occupants of HiMOs. ‘Bin Storage’ and ‘Parking’ replicates existing guidance from Waste DPD and Parking Standards Addendum.
Housing Services Forum19 Character and Concentration Main area for new guidance in the SPD is character and concentration. What constitutes an ‘unacceptable concentration of flats or houses in multiple occupation within the area’? No existing policy guidance – analysis of buffers and concentrations undertaken in supporting evidence paper.
Housing Services Forum20 Character and Concentration Proposed SPD policy: Setting an appropriate size for a buffer and threshold was not an exact science
Housing Services Forum21 100m buffer A buffer approach allows a consistent definition and application of what ‘the area’ is. 100m buffer was considered to represent a reasonable distance given the local scale impacts of HiMOs.
Housing Services Forum22 20% Threshold 20% was considered a reasonable threshold Will need to be monitored to assess effectiveness
Housing Services Forum23 ‘Sandwiching’ ‘Non-sandwiching’ approach to prevent small concentrations within the 20% buffer areas.
Housing Services Forum24 Summary SPD brings together existing guidance Combination of buffers and non-sandwiching approach should help to create and maintain mixed communities but not a mandate to say ‘no’ to new HiMOs. Provide greater clarity for applicants, neighbours and decision makers on what would be considered acceptable.
Housing Services Forum25 Consultation Consultation closes on Friday 13 January All documents available from: consultation.gov.ukwww.milton-keynes.gov.uk/himo- consultation.gov.uk Respond online: Or
Housing Services Forum26 HMOs Planning Update The End Any Questions