Issue - items at meetings - Residential letting boards

Report of the Executive Director Economy, Environment & Culture (copy attached).

RESOLVED:

i)          That the Committee notes the Secretary of State’s previous conclusion that the criteria for a Regulation 7 Direction is not met by Hove Station, Old Hove or Old Town Conservation Areas or sections of Regency Square and Valley Gardens Conservation Areas and specifically excluded these areas from the Regulation 7 Direction granted in 2010 (Appendix 2).

ii)        That the Committee agrees a pilot scheme in the Lewes Road Area for the voluntary management of residential sales and letting boards which would include the preparation of guidance outlined in para. 3.8 and existing Housing Partnership  work . The outcomes of the scheme will be brought back to this committee for review after an operating period of one year and considered for extension to a wider area.

iii)       That the Committee agree to review the decision not to pursue an expansion of the Regulation 7 Direction if there is a substantive change to the law, or the character of the area in question.

33.1    The Committee considered a report of the Executive Director for Economy, Environment & Culture in relation to Residential Letting Boards.The report reviewed options and recommended the way forward for restricting the poor quality environment caused by a proliferation of residential letting boards in the context of available resources.

33.2    Councillor Nemeth formally proposed his amendment and stated he would speak to this further during the debate. Councillor Peltzer Dunn then formally seconded the amendment.

33.3    In response to Councillor Nemeth and Councillor Peltzer Dunn it was clarified that the intention of the report was to cover both sales and lettings boards in the city; the report had considered options and recommendation a voluntary scheme.

33.4    In response to Councillor Nemeth the following responses were given to questions. The Secretary of State had not been contacted in relation to the extension of the Article 4 area since the existing area was formally introduced; however, it was the professional assessment of Officers that there had not been any material change that would justify an extension of the area. In relation to benchmarking against other authorities it was highlighted the city was one of the first to introduce and there were few other comparisons to be made. In relation to changes in the business models of lettings and estate agents, it was acknowledged that these were increasingly online; however, the regulations and tests that the Secretary of State would consider had not changed since 2009. Whilst Officers acknowledged that it would be resource intensive to undertake the pilot voluntary scheme, it was considered that pursuing an extension of the Article 4 area would be unsuccessful and an imprudent use of resources.

33.5    In response to Councillor Druitt the following responses were given to questions. The previously rejected areas for the Article 4 were: Hove Station, the Old Town; parts of Regency and Valley Gardens – it was reiterated that there no significantly changes since the introduction 6 years ago. In relation to submitting a new application it was clarified that this could be not quantified in terms of an appropriate length of time between making applications, but was more linked to the magnitude of change in the area. The test around amenity related to townscape and the visual impact of a higher quality townscape.

33.6    Councillor Yates highlighted that the Labour Group would not be supporting the amendment as the context had not changed, and he accepted the professional assessment of Officers. However, he welcomed the proposal set out in the report and noted the extent of the problem in his own Ward. If successful the pilot scheme could be rolled out other locations in the city.

33.7    The Chair confirmed that Councillor Yates had raised this matter when she became the Chair of the Planning Committee in 2015, and she had tasked Officers to look into it further.

33.8    Councillor Druitt noted that he had been convinced by the points put forward by Officers in response to questions, but highlighted that the decision should be looked at again at the earliest opportunity if there was a material change of circumstances.

33.9    Councillor Nemeth expressed his concern that the Secretary of State had not been contacted, and he felt the Committee had not acknowledged the positive impact the existing Article 4 had made. The Officer report made no acknowledgment of changes in the industry, and no other successful cases had been looked at elsewhere in the country. Councillor Nemeth also highlighted his view that the original thrust of the Notice of Motion had been ignored in the Officer report.

33.10  Councillor O’Quinn commended the work of Officers and noted that she would not be supporting the Conservative amendment.

33.11  The Chair then put the Conservative Group amendment to the vote. This was not carried.

33.12  Councillor Yates proposed an amendment to recommendation 2.2 to reference both sales and lettings boards. This was seconded by Councillor O’Quinn. The Chair then put this amendment to the vote. This was carried.

33.13  Councillor Druitt then proposed an amendment to add an additional recommendation at 2.3 to read, ‘The Committee agree to review the decision not to pursue if there is a substantive change to the law of the character of the area in question.’ This was seconded by Councillor Greenbaum. The Chair then put the amendment to the vote. This was carried.

33.14  The Chair then put each recommendation to the vote in turn. Recommendation 2.1 was carried with 6 in support and 4 against; Councillor Nemeth asked that his vote against be recorded. Recommendations 2.2 and 2.3 were both carried unanimously.

33.15  The Chair put the recommendations to the vote.

33.16  RESOLVED:

i)          That the Committee notes the Secretary of State’s previous conclusion that the criteria for a Regulation 7 Direction is not met by Hove Station, Old Hove or Old Town Conservation Areas or sections of Regency Square and Valley Gardens Conservation Areas and specifically excluded these areas from the Regulation 7 Direction granted in 2010 (Appendix 2).

ii)        That the Committee agrees a pilot scheme in the Lewes Road Area for the voluntary management of residential sales and letting boards which would include the preparation of guidance outlined in para. 3.8 and existing Housing Partnership work. The outcomes of the scheme will be brought back to this committee for review after an operating period of one year and considered for extension to a wider area.

iii)       That the Committee agree to review the decision not to pursue an expansion of the Regulation 7 Direction if there is a substantive change to the law, or the character of the area in question.