Agenda item

This report set out the work undertaken to date to consider options and recommendations for the management of Houses in Multiple Occupation (HMO).

The HMO Investigation and Evidence Paper in Appendix A set out the evidence and conclusions drawn following a review of the options.

It recommended the introduction of Article 4 Direction for a specifically defined area of Kingswood, Corby. In addition it recommended the preparation of supporting planning policies through the North Northamptonshire Strategic Plan and other complementary measures to help manage HMO development in areas experiencing social and environmental issues and to better understand the issues associated with HMO and trends over time. This would assist in ensuring that the services could respond effectively and ensure the highest standards of licensing and governance of dwellings in this category.

Investigation into the possible use of Article 4 Directions for HMO in North Northamptonshire was instigated by Members at the Planning Policy Executive Advisory Panel meeting on 19 July 2021.

A cross-department officer working group was established to lead the investigation under the governance of the Planning Communities Executive Advisory Panel, formerly the Planning Policy Executive Advisory Panel, with interim reports provided to the Panel on 21 February 2022, 16 May 2022, and 24 October 2022.

As reflected in the HMO Investigation and Evidence Paper, the investigation conducted between July 2021 and January 2023 involved:

• Using existing data and other information available to the Council, both nationally and locally.
• Public consultation to understand the views of HMO landlords, tenants, and others living or working near HMO developments.
• Detailed GIS based spatial analysis.
• Street surveys to capture photographic evidence.
• Development of comprehensive local area profiles for the hotspots with the highest number and concentration of HMO.
• Review and analysis of consultation responses on the Scope and Issues for the North Northamptonshire Strategic Plan.
• Consultation and collaboration with key stakeholders, including Northamptonshire Police, Northamptonshire Fire and Rescue, Environment Agency and Western Power Distribution.

The report before the Panel set out the issues raised and the options currently available to the Council.

The investigation affirmed that the Council needed to take a collective response to managing HMO developments. Four options were considered in detail within the HMO Investigation and Evidence Paper in Appendix A, these included:

• Introduce non-immediate Article 4 Direction to withdraw specific permitted development rights to convert dwelling houses to a small HMO without planning permission within a specifically defined area of Kingswood, Corby, alongside the preparation of supporting planning policies for the North Northamptonshire Strategic Plan.
• Introduce Additional or Selective Licensing.
• Consider a package of complementary measures, including but not limited to, improvements to monitoring systems and processes, publication of further information to support landlords and tenants, extension of voluntary Landlord Accreditation scheme and review of enforcement arrangements.
• Consider the need for more detailed policies for specific areas to supplement the Strategic Plan.

The report indicated that the options were not mutually exclusive, and indeed may be more effective if they were combined or worked in parallel. In pursuing any option or permutation of options that resulted in a change in the regulatory framework, the Council would need to satisfy itself that there was sufficient evidence to justify its approach because of the regulatory requirements of introducing planning statutory instruments and licencing control requirements.

Councillor North welcomed the report. Councillor North noted that whilst the report focused on urban areas the issues around HMOs also impacted in some cases in smaller and rural communities with regard to noise, traffic and anti-social behaviour issues.

Councillor Dearing recognised the issues caused to neighbourhoods by some HMOs but felt that the introduction of a licensing regime may alleviate the problems caused and provide a clearer course of action for the Authority. Councillor Dearing also suggested that should one area be subject to an Article 4 Direction the problem would simply be more widely dispersed.

Councillor Brackenbury reminded the Panel that an Article 4 Direction would provide for the removal of permitted development rights.

Councillor Lee welcomed the report and the proposal to apply to the Secretary of State (SoS) for an Article 4 Direction for part of the Kingswood Ward. Councillor Lee did stress the importance of ensuring there was adequate staffing provision to ensure enforcement.

Councillor North suggested that the more relaxed planning rules were being exploited. Whilst an Article 4 Direction in Kingswood would assist in dealing with issues in that ward, there were other areas in North Northamptonshire that also required attention.

Councillor Brackenbury reminded the Panel that the application to the SoS needed to be evidence-based and the bar was quite high. Other areas within North Northamptonshire would continue to be monitored.

Councillor Bone also expressed concern that tighter restrictions may result in HMOs becoming more widely dispersed.

Councillor North queried whether the SoS could say no to an application for an Article 4 Direction. It was noted that any application had to meet specific criteria and be clearly evidence-based. If a non-immediate Article 4 Direction were approved, there would be a 12-month lead in period before application.

Councillor Dearing repeated that application of a blanket licensing system for HMOs would be of greater assistance and provide greater enforcement powers to the Authority.

In conclusion, the Panel approved the report and appendices go forward to the Executive for consideration.

RESOLVED that: -

The HMO Investigation and Evidence Paper (Appendix A) be noted and forwarded to the Executive for consideration.