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Houses in Multiple Occupation: Planning Update

Houses in Multiple Occupation: Planning Update. HMOs Planning Update. Legal Changes - Recap

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Houses in Multiple Occupation: Planning Update

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  1. Houses in Multiple Occupation: Planning Update Housing Services Forum

  2. HMOs Planning Update Legal Changes - Recap • 6th 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 • 1st 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 Forum

  3. 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 Forum

  4. HMOs Planning Update Legal Challenge. • Appeal heard at the Court of Appeal on the 23rd November 2011 by Lord Justices Pill & McFarlane and Lady Justice Arden. • Court will issue their decision before Christmas Housing Services Forum

  5. 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 Forum

  6. 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 Forum

  7. HMOs Planning Update Immediate Article 4 Direction Milton Keynes Council made an Article 4 (1) Direction on 29th December 2010. 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 2011. 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 2011. 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 Forum

  8. HMOs Planning Update Housing Services Forum

  9. HMOs Planning Update Non-Immediate Article 4 Direction ConfirmationMilton Keynes Council made an Article 4 (2) Direction on 22nd December 2010. 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 2011. 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 2011. The Direction will have effect from the 23rd December 2011.The confirmed Article 4 Direction applies to the whole of the Milton Keynes Council area. Housing Services Forum

  10. HMOs Planning Update Housing Services Forum

  11. 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 Forum

  12. 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. Housing Services Forum

  13. Correct Procedure For Landlords Setting up an HMO Owner considers using or buying a property as an HMO Owner Contacts Planning & Private Sector Housing Before Commencing Use 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. Planning Officers give advice in relation to the likely success of an application Works must be undertaken in accordance with the Schedule of Works provided by PSH as well as any planning conditions. Planning Permission Refused. Owner should find an alternative property or Appeal. If it appears to meet policy a planning application is requested. Application Submitted Licensing application approved if applicable Appeal Lost Appeal Won Planning Permission Granted Tenants can move in Property Cannot be used

  14. Houses in Multiple OccupationSupplementary Planning Document Housing Services Forum December 2011 Housing Services Forum

  15. How are applications currently assessed? 4 Main Issues: • Noise and disturbance • Parking • Bin Storage • Character and Concentration Housing Services Forum

  16. 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 Forum

  17. 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 Forum

  18. Parking • Parking Standards Addendum requirements: Housing Services Forum

  19. 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 Forum

  20. Character and Concentration Proposed SPD policy: • Setting an appropriate size for a buffer and threshold was not an exact science Housing Services Forum

  21. 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 Forum

  22. 20% Threshold • 20% was considered a reasonable threshold • Will need to be monitored to assess effectiveness Housing Services Forum

  23. ‘Sandwiching’ • ‘Non-sandwiching’ approach to prevent small concentrations within the 20% buffer areas. Housing Services Forum

  24. 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 Forum

  25. Consultation closes on Friday 13 January 2012. All documents available from: www.milton-keynes.gov.uk/himo-consultation.gov.uk Respond online: http://miltonkeynes-consult.objective.co.uk Or email himo.consultation@milton-keynes.gov.uk Consultation Housing Services Forum

  26. HMOs Planning Update The End Any Questions Housing Services Forum

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