Agenda item

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

(Cabinet Member with Special Responsibility Councillor Reynolds)

 

Report of Director for Economic Growth and Regeneration

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 to the designation of an Article 4 under the Town and Country Planning (General Permitted Development) Order 2015 and Option 3 with regard to introducing a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.  These actions would ensure that the concentration of HMOs and associated To Let boards could be managed to better protect the amenity of residents and the character and appearance of the areas proposed to the designated.

 

Councillor Reynolds proposed, seconded by Councillor Hamilton-Cox:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015, to control the conversion of dwelling houses to HMOs (Use Class C4) in the City of Lancaster and Galgate, is progressed through informal consultation and the statutory processes necessary for the Article 4 Direction to be made.

 

(2)          That a Regulation 7 Direction under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, to control the display of To Let boards in the wards of Bulk, Castle, John O’Gaunt and Scotforth West, is progressed through informal consultation and the statutory processes necessary for the Regulation 7 Direction to be made.

 

Officer responsible for effecting the decision:

 

Director for Economic Growth and Regeneration

 

Reasons for making the decision:

 

The Council Plan includes ambitions to enhance community cohesion.  The emerging Lancaster District Local Plan includes policies that seek to improve the amenity of residents in Lancaster and to protect the character and appearance. The proposals will address the twin detrimental impacts of concentration of HMOs and associated letting boards in accordance with the ambitions of the Council Plan and the Local Plan.

 

Supporting documents: