Agenda item

The purpose of this report is to report the responses to the recent consultation on proposed amendments to the Supplementary Planning Document (SPD): Houses in multiple occupation (HMOs): ensuring mixed and balanced communities 2017: consider whether further amendment should be consulted on and to seek authority to adopt the amended SPD. 

RECOMMENDATIONS

It is recommended that:

1.    The SPD: Houses in Multiple Occupation 2017 be approved for adoption from immediate effect including the minor amendments to the wording of Para 1.17,1.22 and 1.24 as set out in the report.

2.    The Assistant Director City Developmentbe authorised to make editorial amendments to the wording of the amended SPD prior to publication, in consultation with the Leader with responsibility for Planning, Regeneration and Economic Development.  These amendments shall be restricted to correcting errors and formatting text and shall not alter the meaning of the document.

3.    The amended SPD is adopted but a public consultation is approved for the suggested addition to cover the issue of sandwiching and three in a row. Authority is sought to carry out a 6 week consultation starting as soon as is practically possible to add the following wording to the Adopted SPD 2017

HMO planning permission will not be granted where it would result in any residential property (C3 use) being ‘sandwiched’ between two HMOs or where it would result in three adjacent HMOs, unless the application property is located between two existing HMOs   

1.The SPD: Houses in Multiple Occupation 2017 be approved for adoption from immediate effect including the minor amendments to the wording of Para 1.17,1.22 and 1.24 as set out in the report and to include further amendments as set out below

That the amenity table be amended

(i)              to change all references to " 3 to 5 persons" to "3 to 6 persons"

(ii)            To change all references to "6 or more persons" to "7 or more persons"

(iii)          To reduce the combined living standard for 7 or more persons from 34 square metres to 27 square metres

(iv)          To further expand footnote 1. to include utility storage, shared storage space, space for washing machines etc

2. Authorised the Assistant Director City Developmentto make editorial amendments to the wording of the amended SPD prior to publication, in consultation with the Leader with responsibility for Planning, Regeneration and Economic Development.  These amendments shall be restricted to correcting errors and formatting the text and shall not alter the meaning of the document.

3.Adopted the amended SPD but approved a public consultation for the suggested addition to cover the issue of sandwiching and three in a row. Authority was given to carry out a 6 week consultation starting as soon as is practically possible to add the following wording to the Adopted SPD 2017

HMO planning permission will not be granted where it would result in any residential property (C3 use) being ‘sandwiched’ between two HMOs or where it would result in three adjacent HMOs, unless the application property is located between two existing HMOs       

(TAKE IN REPORT)

The Assistant Director of Culture and City Development introduced the item which reported back in detail the suggested amendments that had been made following the consultation.  The report also detailed why some of the suggested amendments would not be taken forward.

The Leader with responsibility for Planning, Regeneration and Economic Development (PRED), Councillor Donna Jones, then invited those who had asked to make deputations to do so.

Deputations were made by the following members of the public - Martin Willoughby, East St Thomas Neighbourhood Forum,  Trever Wilcock, Aurora Property  and Tony Athill, Portsmouth District Landlord Association (PDLA).

Deputations were also made by the following Councillors - Councillor Tom Wood, Councillor Suzy Horton, Councillor Steve Pitt and Councillor Lee Hunt.

Councillor Donna Jones thanked those who had made deputations and said they included some practical and sensible propositions and were very commendable.  The comments were particularly useful as the ward she represented was not particularly affected by HMOs.

With regard to comments made on behalf of the PDLA, Councillor Jones acknowledged that there are two sides to the issue of HMOs and the object of the SPD is to a try to achieve mixed and balanced communities.  There is a need for HMOs but they should be of good quality.

The Opposition Spokespersons supported the amendments to the HMO SPD.

During discussion, the following matters were raised

·         with regard to the public consultation, all those who had made deputations at the meeting would be contacted and a press release would be issued on line and through the local media concerning outcomes.

·         With regard to the HMO database register, Claire Upton-Brown would provide an update on progress and would make it known when it was available

·         efforts would be made to expedite the implementation time of the SPD.

·         The combined effect of C3 and C4  has led to saturation of HMOs  in some areas but it was difficult to act retrospectively. 

·         With regard to "sandwiching", it was considered worth exploring the licensing option and the detailed licensing consultation wording and sharing that information with Ward members

·         Not all landlords are bad landlords, but members have responsibility for all residents so need to look at these issues

·         the SPD with the amendments go as far as is possible under the Planning legislation and would be effective from today's meeting.  Any applications submitted but not yet determined would be determined in accordance with the amended SPD (and not the  2012 SPD).  Have to decide on the policy at the time of the application.

·         One member raised the issue of car parking in planning applications and noted this aspect was not mentioned.  It was explained that PCS20 is Local Plan policy and cannot deviate too far from that without triggering a public enquiry which would be necessary in the case of any material deviation.

The Cabinet Member with responsibility for PRED summarised the discussion and explained the decisions that would be taken today giving reasons.

.Also will provide a definition of "utility space" for the Planning Committee

1.The SPD: Houses in Multiple Occupation 2017 be approved for adoption from immediate effect including the minor amendments to the wording of Para 1.17,1.22 and 1.24 as set out in the report and to include further amendments as set out below

That the amenity table be amended

(i)              to change all references to " 3 to 5 persons" to "3 to 6 persons"

(ii)            To change all references to "6 or more persons" to "7 or more persons"

(iii)          To reduce the combined living standard for 7 or more persons from 34 square metres to 27 square metres

(iv)          To further expand footnote 1. to include utility storage, shared storage space, space for washing machines etc

2. Authorised the Assistant Director City Developmentto make editorial amendments to the wording of the amended SPD prior to publication, in consultation with the Leader with responsibility for Planning, Regeneration and Economic Development.  These amendments shall be restricted to correcting errors and formatting the text and shall not alter the meaning of the document.

3.Adopted the amended SPD but approved a public consultation for the suggested addition to cover the issue of sandwiching and three in a row. Authority was given to carry out a 6 week consultation starting as soon as is practically possible to add the following wording to the Adopted SPD 2017

HMO planning permission will not be granted where it would result in any residential property (C3 use) being ‘sandwiched’ between two HMOs or where it would result in three adjacent HMOs, unless the application property is located between two existing HMOs