Agenda item - Public Questions

Written Questions: to receive any questions submitted by the due date of 12 noon on 6 May 2015.

187.1    Prior notification of a public question had been received from Ms C Lynch. The Chair invited Ms Lynch to put her question:

              “The letting agents show no respect in the Article 4 wards by advertising tenancies in January, nine months before they start and then leaving LET signs up for the rest of the year. This is illegal.

              It is the council's job to enforce the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.This is not being done.

Which department is responsible for this enforcement? How do local residents contact them? What action can be taken to sort this problem out under the existing legislation?”

187.2    The Chair, Councillor Mac Cafferty responded in the following terms:

              “To Let” and “For Sale” boards can be displayed under the Advertisements Regulations (2007). This “deemed consent” is subject to certain criteria regarding the size and position of the boards. Most displays meet these display regulations.

One of the key rules for boards is that once the property has been “let or sold” the board shall be removed within 14 days. However, if the property is then available “to-let” for the next tenancy a board is permitted to be displayed until the next tenancy is signed.

This practice arises more commonly in areas with a heavy concentration of HMOs and student let properties where tenancies are regularly refreshed. The council is currently investigating ways to address this loophole within the legislation.

The work of the Planning Enforcement Team is mainly re-active, this means that we will respond to requests from residents to investigate.

We have an online form on our website which can be used to make a request for an investigation.

In the last calendar year 15 potential breaches of the advertisement regulations have been reported to the team for action. Nearly all complaints have been resolved with the removal of the advertisement in question.

The Enforcement Team have attended a number of LAT (Local Action Team) meetings with local residents to advise on its work.

The Team is due to refresh its Planning Enforcement Plan for the coming 12 months, this will include assessing and prioritising the reactive and proactive work of the team.”

187.3    The Chair then invited Ms Lynch to put a supplementary question should she have one.

187.4    Ms Lynch then put the following supplementary question:

              “Back in 2009 the Student Housing Strategy identified the proliferation of To Let boards in studentified areas as having such a negative impact on the streetscape. Action 10 explores some of the options for dealing with this. Nothing has been done to reduce the proliferation of To Let boards in the Article 4 wards. Temporary advertisements are regulated by planning and yet no enforcement is taking place.
Explain which points of the SHS Action 10 have been actioned, by who and the outcomes. If no action was taken, please explain why and who decided no action was necessary?”

187.5    The Chair, Councillor Mac Cafferty responded in the following terms:

“It is noted that a number of significant actions from the Student Housing Strategy have been agreed and implemented through EDC Committee. Examples include extended licensing of HMOs, the Article 4 Direction to control change of use from a small house to a small HMO; and closer working with both Universities.

The Enforcement Team continues to deal with requests to investigate on a case by case basis and when they are drawn to our attention.

No decision has been made about whether or not to go forward with a Regulation 7 Direction.

This would need to be assessed, and agreed by the Economic Development and Culture Committee.”

187.6    Ms Lynch sought clarification regarding those aspects which fell within the remit of the Planning Committee and those which fell within the remit of the Economic Development and Culture Committee. The Chair stated that Ms Lynch would receive a copy of her questions and the responses given. The Legal adviser to the Committee explained that if re-drafted her queries in relation to Article 4 Direction and Regulation 7 Directions could be put to the Economic Development and Culture Committee as that would be the most appropriate place for those to be answered.

187.7    RESOLVED – That the position be noted.