Planning and Economic Development Portfolio

To consider report PES/366 of the Head of Economy and Planning, which was referred to the meeting of the Overview and Scrutiny Commission held on 1 February 2021.

RESOLVED

That the Cabinet:

a)            approves the making of 10 non-immediate Article 4 Directions under the Town and Country (General Permitted Development Order) 2015. These will remove the permitted development right for dwelling houses (Use Class C3) to change their use into houses of multiple occupation (Use Class C4), in the 10 zones referred to in paragraph 3.3 and outlined on the plans within AppendixA of report PES/366.

b)           delegates authority to the Head of Economy and Planning in consultation with the Cabinet Member for Planning and Economic Development to formally confirm the non-immediate Article 4 Directions following the 12 month notification period, if having fully considered all representations made during the consultation period, they are of the opinion that the Article 4 Direction should be made.

(Generic Delegation 3 will be used to enact this recommendation).

Reasons for the Recommendations

The proposed Article 4 Directions are intended to enable the council to use its planning powers to manage and limit concentrations of houses of multiple occupation (HMOs) in areas which are considered susceptible to them, so as to mitigate and avoid the cumulative impacts on local amenity associated with concentrations of this type of accommodation. The rationale for such Directions is explained below in sections 4 and 5 of report PES/366.

HMOs remain an important part of the range of accommodation available in the borough and cater to the needs of specific groups. The intention is therefore not to reduce or restrict their delivery in the borough as a whole, but merely to resist the development of significant clusters of them in particular locations, and to promote strong, balancedcommunities.

The ten residential zones where these Article 4 directions would apply are in the following locations (the extent of each zone is indicated on the maps within Appendix A of report PES/366):

Aintree Road & Epsom Road, Furnace Green

Arden Road, Furnace Green

Ardingly Close, Ifield

Beverley Mews, Three Bridges,

Caburn Heights, Southgate

Farmleigh Close, PoundHill

Rillside and Winterforld, Furnace Green

Ringwood Close, Furnace Green

Victoria Mews, WestGreen

Weald Drive, FurnaceGreen

The rationale for selecting the above 10 residential zones is explained in Section 6 of report PES/366.

The Cabinet Member for Planning and Economic Development presented report PES/366 of the Head of Economy and Planning which sought approval for the making of non-immediate Article 4 Directions, removing the permitted development right for dwelling houses (use class C3) to convert to houses of multiple occupation (HMO) (use class C4) in various locations in Crawley, to protect the amenity and wellbeing of the areas concerned.

Councillor T Belben presented the O­verview and Scrutiny Commission’s comments on the report as detailed in report OSC/293, to the Cabinet following consideration of the matter at its meeting on 1 February 2021, which included:

·         It was acknowledged that HMOs above the five-person threshold require a licence and this assisted in monitoring, particularly the use of the map of licensed HMOs.

·         The Directions would target specifically the 10 residential zones in Crawley where there was a clear majority of residential dwellings that were 3-storey terraced properties and multiple HMOs. Acknowledgement that the rationale was the coincidence of these types of properties, increased concentration and potential for HMO clustering.  It was important to ensure that evidence and figures used to support the proposal was robust, for example in relation to numbers of bedrooms.

·         With regards to Burwash Road in Furnace Green there were no licenced HMOs on the current list at present but it would be monitored. Concerns raised regarding conversions to HMOs elsewhere and displacement to other areas within the neighbourhoods and other areas within the town.

·         It was anticipated that by introducing the Directions in some areas which currently have a lower number of HMOs, it may avoid the need to introduce further Directions in such areas at a later date.

·         Support for a welcomed and balanced approach.

Councillor Crow was invited to speak to the item and he welcomed the report and as whilst there were benefits to HMOs within the housing sector, there needed to be a balance within the community.

Councillor Irvine spoke as part of the discussion on the report commenting that he was pleased that it was acknowledged that there was a need for HMOs and they served an important housing function. He also pleased with the scientific approach used to identify the areas that might require the use of an Article 4 Direction.

A recorded vote was taken on the recommendations, in accordance with the Council’s Virtual Committee Procedure Rules. The names of the Councillors voting for and against the recommendations, along with any abstentions, are recorded as set out below:

For the recommendations:

Councillors Irvine, Jhans, Lamb, Mullins and P Smith. (5)

Against the recommendations:

None.

Abstentions:

None.

RESOLVED

That the Cabinet:

a)            approves the making of 10 non-immediate Article 4 Directions under the Town and Country (General Permitted Development Order) 2015. These will remove the permitted development right for dwelling houses (Use Class C3) to change their use into houses of multiple occupation (Use Class C4), in the 10 zones referred to in paragraph 3.3 and outlined on the plans  ...  view the full minutes text for item 8

To consider report PES/366 of the Head of Economy and Planning.

The Commission considered report PES/366 of the Head of Economy and Planning.  The report sought approval for officers to proceed with new “non-immediate” Article 4 Directions applied specifically to the 10 residential zones listed in section 3.3 and set out in appendix A of the report. 

These Article 4 directions would remove permitted development rights in those 10 zones for the conversion of residential dwellings to small homes in multiple occupation (HMOs) – which means that instead any future small HMO conversions in those 10 zones would be required to apply for planning permission. The principal rationale is that this will allow the Council to have control through the planning process to manage and limit concentrations of HMOs in these 10 zones, which following a full review officers consider were the most susceptible to HMO clustering within the Borough. The primary reason why these 10 zones in particular were considered susceptible to HMO clustering and what sets them apart from other parts of the Borough is the predominance of three storey town house dwellings in the zones – which were considered very attractive by HMO landlords.

During the discussion with the Cabinet Member for Planning and Economic Development, the Head of Economy and Planning, Forward Planning Manager and Senior Planning Officer, the following comments were made:

·       It was acknowledged that HMOs above the five-person threshold require a licence and this assisted in monitoring, particularly the use of the map of licensed HMOs.

·       The Directions would target specifically the 10 residential zones in Crawley where there was a clear majority of residential dwellings that were 3-storey terraced properties and multiple HMOs. Acknowledgement that the rationale was the coincidence of these types of properties, increased concentration and potential for HMO clustering.  It was important to ensure that evidence and figures used to support the proposal was robust, for example in relation to numbers of bedrooms.

·       With regards to Burwash Road in Furnace Green there were no licenced HMOs on the current list at present but it would be monitored. Concerns raised regarding conversions to HMOs elsewhere and displacement to other areas within the neighbourhoods and other areas within the town.

·       It was anticipated that by introducing the Directions in some areas which currently have a lower number of HMOs, it may avoid the need to introduce further Directions in such areas at a later date.

·       Support for a welcomed and balanced approach.

RESOLVED

That the Commission notes the report and requests that the views expressed during the debate, are fed back to the Cabinet through the Commission’s Comment sheet.