Issue - meetings

Confirmation of Article 4 Direction - Houses in Multiple Occupation

 

 

Meeting: 02/03/2021 - Cabinet (Item 119)

119 Confirmation of Article 4 Direction - Houses in Multiple Occupation pdf icon PDF 400 KB

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Report of Director for Economic Growth & Regeneration

Additional documents:

Minutes:

(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  ...  view the full minutes text for item 119