Decision details

RESOLVED:

That the Cabinet:

1.    Notes the process and requirements, including the gathering of evidence and concerns, required for the consideration of an Additional Licensing Policy for Houses of Multiple Occupation (HMO) and authorises the Corporate Director of Place to gather all the necessary data and present to the Cabinet Member for Resident’s Services (subject to the Cabinet Members agreement on additional expenditure).

2.    Upon the advice of the Corporate Director of Place that the data collated has been gathered in accordance with the appropriate legislation, and upon review it supports the concept of an additional licensing scheme, whilst taking into account any additional resources required, then subject to the agreement of the Cabinet Member for Residents Services, authorises the necessary consultation on an additional licensing scheme, taking into full consideration any equality impact assessment and the Council’s social housing allocation policy.

3.    Authorises the Corporate Director of Central Services to prepare evidence to assess whether an extension to the part-borough Small HMO Article 4 Direction (non-immediate) can be justified and present to the Cabinet Member for Resident’s Services.

4.    Upon the advice of the Corporate Director of Central Services and Director of Planning, Regeneration & Environment that the evidence gathered supports the extensions of the HMO Article 4 Direction, then subject to the agreement of the Cabinet Member for Residents’ Services authorises officers to prepare an Article 4 Direction extending the withdrawal of permitted development rights for small HMOs to cover all wards in the borough.

5.      Agree that the outcomes of any consultations relating to additional licensing be reported back to Cabinet to consider any further determinations on such matters.

Reasons for decision

Following the Full Council passing a motion on 11 July 2024, resolving to address issues regarding controls on Houses in Multiple Occupation, Cabinet received and agreed a report on the matter.

The Cabinet Member for Residents’ Servicesintroduced the report and highlighted two main concerns: the growth of small HMOs under permitted development rights, which did not require planning permission, and the standards in some private rented properties. Two measures were proposed to address these issues: an Article 4 directive to withdraw permitted development rights for HMOs, requiring planning permission, and a licensing scheme to improve standards in the private housing sector, including HMOs. Both measures would need robust data to support their implementation and avoid challenges. Councillor Lavery urged councillors to encourage residents to participate in the consultation process to provide the necessary evidence for future decisions.

Alternative options considered and rejected

Cabinet could have continued with the current arrangements or considered instead the use of other powers to deal with ASB and environmental issues relating to HMO’s.