Agenda item

Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Report of Director for Economic Growth & Regeneration

Minutes:

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Cabinet received a report from the Director for Economic Growth and Regeneration to consider a proposal for the designation of a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) to a use falling within Class C4 (houses in multiple occupation), contained in Class L(b) of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development Order). The proposal would mean that planning permission was required to change the use of a dwellinghouse to a house in multiple occupation (with 3-6 occupants). The report sought authorisation for the Director of Economic Growth and Regeneration to proceed with the statutory process and ‘make’ the Article 4.

 

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

 

Option 1: Make a non-immediate Article 4, to include the Lancaster wards of Bulk, Castle, John O’Gaunt, Marsh, Scotforth East, Scotforth West, Skerton East and Skerton West, plus the village of Galgate.

Advantages: The option will provide a blanket approach to be applied across the city and Galgate. This option will protect traditional housing stock and residential areas from concentrations of HMOs increasing above the 10% in 100m radius contained within policy DM13, where they do not already do so, and further increases where they exceed this threshold at present. It will ensure consistency and a comprehensive management of HMO distribution in the future.

Disadvantages: Page 41 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 risks of compensation claims.

 

Option 2: Do not progress an Article 4.

Advantages: No further resources 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, make a non-immediate Article 4 Direction. This option will ensure protect traditional housing stock and amenity within residential areas, in accordance with policies SP9 and DM13 of the Local Plan.

 

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

 

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

 

Councillors then voted:-

 

Resolved:

 

(Councillor Jackson was experiencing technical issues at this time and was not able to participate in the vote.)

 

(1)        That Cabinet authorise the Director of Economic Growth and Regeneration to make a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove the permitted development rights for development consisting of a change of use from a Class C3 (dwellinghouse) to a use falling within Class C4 (houses in multiple occupation), contained in Class L(b) of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development Order), 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.

 

Officer responsible for effecting the decision:

 

Director for Economic Growth and Regeneration

 

Reasons for making the decision:

 

The decision is consistent with the Council Plan that 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 aim to ensure that development, including uses of buildings, create strong and vibrant communities (SP9). Policy DM13 of the Development Management DPD aims to control the concentration of HMOs. The proposals seek to address the detrimental impacts of concentration of HMOs in accordance with the ambitions of the Council Plan and the Local Plan.

 

 

Supporting documents: