Agenda item - Public Involvement

To consider the following matters raised by members of the public:

(a)          Petitions: To receive any petitions presented by members of the public to the full Council or at the meeting itself.

i)          HMOs – Petition from Mrs Clare Fergusson - O’Toole (copy attached).

ii)         40% Affordable Homes – Petition from Miss Carrie Hynds referred from the Council meeting held on 14 December 2017 (1095 signatures).

(b)          Written Questions: To receive any questions submitted by the due date of 12 noon on the 4 January 2018.

(c)          Deputations: To receive any deputations submitted by the due date of 12 noon on the 4 January 2018.

42.1    The Chair explained that one petition had been submitted regarding HMOs and invited Ms Fergusson-O’Toole to introduce her petition.

42.2    Ms Fergusson-O’Toole introduced and explained that she represented the residents of Bennett Road, Princes Terrace and Bristol Street, which had been an established family area for over 100 years. She explained that the local residents were concerned about the increase of student HMOs in the area and how this was impacting the community. The petition was requesting that an Article 4 Direction was introduced to the East Brighton ward to prevent the breakdown of family life and values. She noted that five wards had been awarded an Article 4 Direction in April 2013 as they were densely populated by HMOs. There were multiple properties in the area that provided accommodation for seven students, despite the Planning department refusing permission for the change of use. There was a shortage of family housing in the city and there were health care workers in the area that were in need of accommodation. The increase of HMOs had caused problems with parking, had impacted the local schools and were having a detrimental effect on the area.

42.3    The Chair thanked Ms Fergusson-O’Toole for her petition and gave the following response –

“Change of use from a single dwelling house to a small house in multiple occupation (HMO - six occupiers or less) is classed as permitted development under planning legislation. This means that the change can be undertaken without the need for planning permission. Local Planning Authorities can introduce an ‘Article 4 Direction’ which removes specified permitted development rights. This has been introduced in the five wards along Lewes Road in relation to change of use to small HMOs. This was identified in the Student Housing Strategy as being the area with the greatest concentrations of shared houses. It should be noted that a change of use to large HMO (seven or more occupants) requires planning permission in all areas of the city.

Introducing an Article 4 Direction must be justified for both its purpose and extent. In order to consider an extension to the existing Direction, there would need to be considerable evidence to demonstrate that ongoing operation of permitted development rights would cause demonstrable harm within the area. Officers would need to collate this evidence and make a case.

In terms of the Bennett Road area, it is estimated that six of approximately 145 properties in Bennett Road, Bristol Street and Princes Terrace, are currently in use as HMOs. This represent less than 4 per cent. Given the need to demonstrate significant harm to justify an Article 4 Direction, it would appear that at the present time there are insufficient levels of concentration to warrant removal of permitted development rights within this area.  However, the situation will be closely monitored.

This issue was considered in more detail in a report considered by this Committee on 21 September 2017.”

42.4    Councillor Mears requested an officer’s report regarding the increase of HMOs in the city. Councillor O’Quinn seconded the proposal and noted that it was a concern for Local Councillors as there were multiple non-registered HMOs in the city and this was changing the demographics in family areas.

42.5    RESOLVED – That the Committee agreed to have an update report regarding HMOs in Brighton & Hove.

42.6    The Chair explained that one petition had been referred from Council on 14 December 2017 in relation to 40% affordable homes.

42.7    The Chair read the following response –

“Adopted City Plan policy CP20 Affordable Housing seeks to secure 40% affordable housing on housing development proposals for 15+ units.

The policy does however recognise that development viability considerations may mean that, in some circumstances, the 40% target is not always achievable. There are examples where this has been the case with some of the city’s brownfield development sites. Where a developer cites viability as the reason why 40% cannot be achieved, then the council ensures that scheme viability is rigorously tested by an independent assessor (nb. the council uses the District Valuation Service for independent assessment).

A report to this committee today makes the case for greater transparency in development viability information. The recommendation asks that viability information is sought as part of the validation process for planning applications where the applicant states that policy requirements cannot be met for viability reasons.

The council is fully committed to the provision of affordable housing and this is evidenced through its work to get affordable homes delivered through S106 planning application schemes and by direct provision through its New Homes for Neighbourhoods programme and through the Living Wage Joint Venture initiative recently agreed.” 

42.8    RESOLVED – That the Committee noted the petition.