Cheltenham Borough Council
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Issue - meetings

The Town and Country Planning (General Permitted Development) (England) Order 2015

Meeting: 11/06/2019 - Cabinet (Item 7)

7 Implementing an Article 4(1) direction for the St. Paul's ward pdf icon PDF 2 MB

Report of the Cabinet Member Development and Safety

Decision:

RESOLVED THAT

 

1.      The giving of 12 months’ prior notice of removing the C3 to C4 permitted development right through an Article 4(1) Direction be approved.

 

2.      Cabinet receives a report within 6 months seeking to ‘confirm’ the Article 4(1) Direction, subject to public consultation responses.

Minutes:

The Cabinet Member Development and Safety introduced the report. He explained that until October 2010 planning permission was required for the change of use of a building including a dwelling-house to a HMO. However, the Town and Country Planning Act (General Permitted Development) Order 2015 permits the conversion of existing homes into HMOs without planning permission and so the council has no control over the number of multiple occupancy homes. Therefore, in order to control the creation of new HMOs in St. Paul’s Ward, they were proposing to implement an Article 4 direction.

He highlighted that this was an issue in certain areas of the town, particularly in St Paul’s ward and they had a lot of historical data to support this. He advised that 12% of all homes in St. Paul’s were HMOs which equates to 1 in 8. He highlighted that these were historically student homes which causes serious disruption to the structure and social environment of an area as there is a high density of people during term times and then the areas are vacant at other times of the year.  It also causes issues with increased car usage, refuse collections and schooling problems. He explained that they had to justify the introduction of controls against HMOs by providing sufficient evidence of the problem. St Paul’s was subject to an Article 4 Direction because of the detrimental impact on both the environment and social structure.

He reiterated that just because they were enacting an Article 4 direction it did not mean there was a blanket ban on HMOs but meant that a developer would have to apply to the council for planning permission and it was for them to determine if it was appropriate. He confirmed that they were proposing to give 12 months’ prior notice of removing the C3 to C4 permitted development right through an Article 4(1) Direction as an immediate Article 4 direction, could allow site owners intending to make use of the existing permitted development rights to claim back compensation from the council. They were also proposing that Cabinet receive a report within 6 months seeking to ‘confirm’ the Article 4(1) Direction, subject to public consultation responses as whilst they did not anticipate the public opposing the recommendations it would allow those residents who live outside of the designated area to come forward and advocate that additional areas should also be given similar designation. He advised that work in All Saints and St Peter’s was ongoing to address similar problems.

The Leader highlighted that All Saints and a number of other areas also experienced similar issues and that St Paul’s was effectively a pilot before similar controls could be implemented in other areas. He stressed the importance of measuring the implications elsewhere and seeing whether any further action was required in other areas of the town, particularly in neighbouring wards.

 

RESOLVED THAT

 

1.      The giving of 12 months’ prior notice of removing the C3 to C4 permitted development right through an Article 4(1)  ...  view the full minutes text for item 7