Planning permission for HMOs long overdue

4.52.39pm BST (GMT +0100) Tue 17th Jul 2007

Councils could be given more powers to stop family homes being converted into student accommodation according to the government.

The housing minister at the Department for Communities and Local Government is reported as confirming the government is looking into changes to "use class orders". This could mean that planning permission would be needed in "key" University towns and cities, allowing Councils to control the number of properties turned into student homes.

Councillor Shaun McGall (Liberal Democrat, Oldfield), who chaired the now-axed Student Liaison Committee and who has been campaigning for such changes to be made, said:

"If this review goes ahead it will be fantastic news for University towns and cities, including Bath. There can be problems with high concentrations of student houses in multiple occupation (HMOs), such as a lack of proper maintenance or a shortage of housing for families.

"A change in the use class order regulations would give some control back to the Council to help create balanced communities, rather than allowing some areas to become virtual student 'ghettoes'.

"Coincidentally, I tabled a motion to Council last year calling for exactly this change to happen. The intention was for the Council to send an opinion to the DCLG calling for a review of use class orders, but a Conservative amendment meant that the Council decided to hold an audit of the Council's own HMOs policy first. This has not happened so far, but I feel it would be appropriate for the Council to now go ahead and prepare a submission to the DCLG and I have contacted the Leader of the Council to ask her to ascertain when this audit will be brought to full Council(1)."

Don Foster MP, who is a member of the All Party Parliamentary Group for Balanced and Sustainable Communities, added:

"This change is long overdue. Houses converted to HMOs are not available to families; this often contributes to the struggle to get on the property ladder. Gordon Brown's new Government is looking at building millions of new homes between now and 2020, but this is not going to be a panacea and Councils need powers to maintain the homes for families which already exist within communities."

NOTES:

On 12th October 2006 the following motion was adopted by the Council:

HOUSES IN MULTIPLE OCCUPATION (HMOs) AND USE CLASSES ORDER: On a motion from Councillor Shaun McGall seconded by Councillor Nicole O`Flaherty it was RESOLVED that:

This Council notes:

> That under current regulations no permission is required for change of use of residential properties between single and multiple occupancy.

> That the usage of houses of multiple occupancy (HMOs) is entirely distinct from usage as a single household.

> That this distinction has an impact on the locality and therefore should be reflected in the Use Class Order regulations

> That in Northern Ireland these regulations have been amended so that permission is required to change use of property from single occupancy to HMO

> That this is supported by the National HMO Lobby which includes the Bath Federation of Residents Associations

> That this change allows local residents and councillors to get involved through the planning process in ensuring that we are building sustainable communities and that there is joined up thinking on HMOs.

This Council supports:

> A change to the Use Classes Order regulations to require permission for change of use to HMO.

This Council RESOLVES that :

(a) The Executive Councillor for Sustainability and the Environment and the Executive Councillor for Community Safety, Housing and Consumer Services with the Chair of the Student Liaison Committee which is a Council Executive Advisory Body, audit the Council's current Houses in Multiple Occupation (HMO) policy. This should consider the following:

> Its effectiveness in implementing the mandatory HMO requirements and the Councils approach to discretionary extended powers, including issues related to the HMO definition in achieving Bath and North East Somerset housing objectives.

> Assess the possible effectiveness of using planning control and enforcement as a means of enhancing Bath and North East Somerset housing policy objectives in terms of a change to the Town and Country Planning Use Classes Order definition of Dwelling-houses (Residential). This should also consider its relationship to the HMO definitions, including any proposed modifications to those definitions similar to those related to students in Northern Ireland.

(b) Once this is complete, and at the earliest practicable opportunity, a report be submitted to Council outlining what action could be taken with a view to submitting a representation to the Government.

(c) To request a meeting between the Council (represented by the Executive Councillor for Sustainability and the Environment and the Executive Councillor for Community Safety, Housing and Consumer Services with the Chair of the Student Liaison Committee which is a Council Executive Advisory Body) and senior management of the two Universities and the City of Bath College for the purpose of undertaking an audit of their current student let and property management policies.