Issue - meetings

Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 and a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007

Meeting: 11/02/2020 - Cabinet (Item 65)

65 Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 and a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 PDF 472 KB

(Cabinet Member with Special Responsibility Councillor Reynolds)

Report of Director for Economic Growth and Regeneration

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Reynolds)

Cabinet received a report from the Director for Economic Growth and Regeneration to consider the designation of a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 and a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. An Article 4 Direction would remove the permitted development, which allows the conversion of dwellings to Houses in Multiple Occupation (HMO). A Regulation 7 Direction would restrict the display of To Let boards. The report also sought approval for progression of the Directions though an informal consultation process and then the statutory processes necessary for the Directions to be made.

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

Option 1:

Designate an Article 4 under the Town and Country Planning (General Permitted Development) Order 2015.

Advantages:

The Article 4 Direction will allow the concentration of HMOs in Lancaster to be managed to better protect the amenity of residents and of the areas and to enable policy DM13 of the emerging Development Management DPD to be effective in managing all sizes of HMO.

Disadvantages:

An Article 4 Direction will increase the number of change of use applications to be processed and the enforcement necessary to ensure that it is effectively implemented.

Risks:

If an Article 4 Direction is not implemented in accordance with the statutory procedures and adequate time provided between the Direction being ‘made’ and it coming into force, there is a risk of legal challenge and compensation claims.

Option 2:

Do not designate an Article 4 under the Town and Country Planning (General Permitted Development) Order 2015.

Advantages:

None

Disadvantages:

Not introducing an Article 4 Direction will allow the concentration of small HMOs in Lancaster to increase and undermine the effectiveness of policy DM13 of the emerging Development Management Development Plan Document.

Risks:

The number and concentration of HMOs will increase adversely affecting the amenity or residents and of area.

Option 3:

Designate a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

Advantages:

A Regulation 7 Direction will allow management of the number of To Let boards displayed. This will reduce the proliferation and clutter arising from the excessive display of boards within terraced streets and improve the visual amenity of the areas designated.

Disadvantages:

A Regulation 7 Direction may increase the enforcement necessary to ensure that it is effectively implemented.

Risks:

If a Regulation 7 Direction is not implemented in accordance with the statutory procedures, there is a risk of legal challenge and compensation claims.

Option 4:

Do not introduce a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

Advantages:

None

Disadvantages:

The proliferation and clutter of To Let signs will continue to adversely affect the visual amenity of the areas.

Risks:

None

The officer preferred option was Option 1, in regard ... view the full minutes text for item 65