Decisions

Decisions published

02/03/2021 - Confirmation of Article 4 Direction - Houses in Multiple Occupation ref: 1410    Recommendations Approved

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

Decision Maker: Cabinet

Made at meeting: 02/03/2021 - Cabinet

Decision published: 05/03/2021

Effective from: 13/03/2021

Decision:

(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.

Wards affected: Bulk Ward; Castle Ward; Ellel Ward; John O'Gaunt Ward; Scotforth East Ward; Scotforth West Ward; Skerton East Ward; Skerton West Ward;

Lead officer: Fiona Clark


02/03/2021 - Update on the Housing LATCo ref: 1408    Recommendations Approved

This report will seek approval to take forward a programme of housing acquisitions through the proposed Housing LATCo which was approved by Cabinet in October 2020.

Decision Maker: Cabinet

Made at meeting: 02/03/2021 - Cabinet

Decision published: 05/03/2021

Effective from: 13/03/2021

Decision:

(Cabinet Member with Special Responsibility Councillor Jackson)

 

Cabinet received a report from the Director for Communities and the Environment & Director for Economic Growth and Regeneration which asked Cabinet to note the progress in setting up the new Housing LATCo and to approve the new Housing LATCo structure, the arrangements that Cabinet members would become the sole members of the Shareholder Committee, approve the Shareholder Agreement and make budget provision through a loan facility from the Council to the LATCo once incorporated.

 

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

 

Option 1: Approve the report and proposed governance arrangements with Cabinet agreeing to become members of the Shareholder Committee and approve the loan provision to the LATCo.

 

Advantages: It allows the timely creation of the governance arrangements and scrutiny function that the Council is seeking to provide for the Housing LATCo. It streamlines the decision making process and administrative arrangements. The loan provision will allow the LATCo to become operational and be TECKAL compliant.


Disadvantages: Does create additional responsibilities for Cabinet members and additional administration and support from officers.


Risks: Could give rise to confusion about the role of Cabinet members and the Shareholder Committee.


 Option 2: Do not approve the report and consider alternative arrangements.


 Advantages: Could remove any confusion/overlap around distinct roles of Cabinet and the Shareholder Committee.


Disadvantages: It will create further delays in getting the Housing LATCo established and fully operational.


Risks: Loss of opportunity/reputational damage if delays are incurred.

 

 

The officer preferred option is Option 1. If the report is approved, it will allow the LATCo to be set up with appropriate governance arrangements in place. Thus, the Housing LATCo can become fully functional allowing the key housing and regeneration priorities already endorsed by Cabinet to be brought into fruition.

 

Councillor Jackson proposed, seconded by Councillor Dowding:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)             That Cabinet notes that the two distinct Housing Companies have been named Morehomes for the Bay (Investments) Limited and Morehomes for the Bay (Developments) Limited.

 

(2)       That the Board of Directors for both Companies will, subject to appointment by the Shareholder Committee, comprise Executive Team officers.

 

(3)        That Cabinet approves the amended structure of the Housing LATCo.

 

(4)        That Cabinet agrees to become the sole members of the Shareholder Committee for both Companies.

 

(5)        That Cabinet approves the Shareholders Agreement (and any minor modifications needed hereafter) for signing, upon agreement of the document with the Board of Directors.

 

(6)        That Cabinet agrees to delegate to the Chief Finance Officer the negotiation of and arrangements for a loan up to a maximum value of less than £100,000 in order to cover the initial operating costs of the Company. The Loan will be established in a way that is compliant with both Council and Company financial policies and relevant legislation for a LATCo.

 

Officers responsible for effecting the decision:

 

Director for Communities and the Environment

Director for Economic Growth & Regeneration

Chief Finance Officer

 

Reasons for making the decision:

 

The decision is consistent with Council Priorities:  Happy and Healthy Communities, a Sustainable District, an Inclusive and Prosperous Local Economy Local Plan and contributes towards the provision of housing to meet a locally identified need and opportunities to increase the choice and supply of good quality housing. The decision is also consistent with the Housing Strategy and directly aligns to the key actions identified in the Homes Strategy for Lancaster district 2020-2025.  The financing arrangements put forward within the report will allow the Company to quickly establish itself and operate independently of the Council, whilst not breaching the regulations surrounding Teckal Companies.

 

Wards affected: Heysham North Ward; Poulton Ward;

Lead officer: Kathy Beaton