Decision details

Confirmation of Article 4 Direction - Houses in Multiple Occupation

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To confirm the introduction of a Direction under Article 4(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for the control of Houses in Multiple Occupation in Lancaster

Decisions:

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Cabinet received a report from the Director for Economic Growth & Regeneration which sought authority to confirm the Houses in Multiple Occupation Article 4(1) Direction made under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) on 10th November 2020.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

Option 1: Confirm the non-immediate Houses In Multiple Occupation Direction Under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) and carryout the necessary steps as required by Schedule 3 of the Order.

 


Advantages: The confirmation of the Article 4 will ensure that the controls come into force on 10th November 2021 and from that date the change of use from Class C3 (dwellinghouses) to Class C4 (small HMOs) will require planning permission thereby enabling policy DM13 of the DMDPD to be implemented effectively.


Disadvantages: Greater demands on resources to process planning applications and enforce the policy and Article 4.


Risks: Compensation claims may be made but the use of a non-immediate Article 4 will minimise the risk.


Option 2: Do not confirm the non-immediate Houses In Multiple Occupation Direction Under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended).


Advantages: No further resources will be required to apply the Article 4 or deal with the increase in applications and enforcement issues arising.


Disadvantages: This option would see a continuation of increases in small HMOs, contrary to the aims of policy DM13 and policies SP9 and DM1 which seek to ensure balanced communities.


Risks: None

 

The officer preferred option is Option 1: Confirm the non-immediate Houses In Multiple Occupation Direction Under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) and carry out the necessary steps as required by Schedule 3 of the Order.

 

Councillor Hanson proposed, seconded by Councillor Dowding:-

 

“That the recommendations, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)     That Cabinet confirms the Direction under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) of the Schedule of the Town and Country Planning (Use Classes) Order 1987 (as amended), to a use falling within Class C4 (houses in multiple occupation) of that Schedule, contained in Class L(b) of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), in the Lancaster wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East, Scotforth West, Skerton East and Skerton West, plus the village of Galgate.

 

(2)     That the Director of Economic Growth and Regeneration be authorised to effect the confirmation of the Article 4 to come into force on 10th November 2021 and to carry out the necessary steps as required by Schedule 3 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended).

 

Officer responsible for effecting the decision:

 

Director for Economic Growth & Regeneration

 

Reasons for making the decision:

 

The decision is consistent with the Corporate Plan which includes ambitions to enhance community cohesion. The Lancaster District Local Plan includes policies which seek to improve the amenity of residents in Lancaster. Policies in the Strategic Policies and Land Allocations Development Plan Document (DPD) aim to ensure that development, including uses of buildings, create strong and vibrant communities (SP9). Policy DM1 of the Development Management DPD seeks to ensure mixed communities. Policy DM13 aims to manage the concentration of HMOs. The proposals seek to address the detrimental impacts of concentration of HMOs in accordance with the ambitions of the Corporate Plan and the Local Plan.

Report author: Fiona Clark

Publication date: 05/03/2021

Date of decision: 02/03/2021

Decided at meeting: 02/03/2021 - Cabinet

Effective from: 13/03/2021

Accompanying Documents: