Agenda item

Mark Nelson, Enforcement Manager (no decision required)

The Enforcement Manager introduced the update on the St Pauls Ward Private Rented HMO Survey, as circulated with the agenda.

The ward member for St Pauls thanked officers for the time and effort they had contributed to the process. He referred to the ‘tipping point’ of more than 10 % of HMO’s in a given area (ward) after which action could be taken under Article 4 powers of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) so that change of use by permitted development must instead require planning permission. He believed that a 13-14 % level of HMOs in St Pauls would suggest that Article 4 should be used. The Development Manager Strategy was invited to outline the process should Members agree to pursue this.

Firstly, the Development Manager Strategy explained that HMOs in St Pauls were well managed. In the Preferred Options consultation of the Cheltenham Plan a small majority of respondents wished to restrict HMOs in this area. In his view there was marginally sufficient evidence to launch Article 4 due to exceeding the 10% threshold and this process would be introduced via a change in planning policy in the Cheltenham Plan which would have to be considered when planning applications were submitted. The draft Cheltenham Plan was due to be considered by Council in November. Once this change was approved the ward would be informed that they would have a 12 month period to enact permitted development rights before this change to restrict HMO applications based on whether the number exceeded more than 10 % in the area. Alternatively, Article 4 could be enacted instantly, however compensation would have to be paid for removing the right to permitted development. He did highlight however that if a year was given it may be that more applications would be brought forward earlier than planned to avoid this. In response to a question the Development Manager Strategy confirmed that initially the proposal would be considered by the Planning and Liaison Member Working Group which would take a general view of the restriction then this would be submitted to Council as part of the adoption of the Cheltenham Plan.

Members made the following points :

·         It was asked whether there was a discrepancy between perception and what was actually happening in St Pauls. In response the Enforcement Manager explained that the survey was a snapshot in time. Officers were however aware that there were issues with refuse during the changeover in accommodation and there were disturbances of antisocial behaviour at certain times of term. In terms of cars the number of students with cars was 24 %, this was due to restrictions by the university on first year students bringing cars in to the town.

·         Members felt that considering the use of Article 4 should be a balanced decision and not give the message that Cheltenham did not want students in the town as their role in making the town a more vibrant and diverse place as well as their economic contributions were very much valued. The importance of integrated, balanced communities was highlighted and students played a part in this.

·         In response to a question on what guidance there was in determining planning applications for HMOs the Head of Strategic Planning explained that the guidance for HMOs was being updated within the context of the Cheltenham Plan.

·         A Member highlighted that with the new student village set to open in Pittville whether further regulation of new HMOs was needed. In response the Development Manager Strategy confirmed that those HMOs in existence now were lawful. It may take a decade or so to see losses, if any of HMOS. He gave the example of Worcester where student communities were integrated with neighbourhoods and whereby students felt more part of the community which improved relationships between town and students. He also referred to the fact that 18/350 of HMOs in the town were occupied by professionals.

·         On the whole Members expressed their support for invoking Article 4 in St Paul with caveats and wished these comments to be passed to the Planning and Liaison member Steering group. They recognised that using Article 4 would not necessarily lead to a great reduction in HMOs but would prevent further increases.

Officers were thanked for their time and requested that O&S be kept informed of developments.