Agenda item
Response to Department for Communities and Local Government's Illegal Landlords Initiative
Brent has recently received £163,745k from the Department for Communities and Local Government to support work targeted primarily at more effective enforcement of unauthorised ‘beds in sheds’. The issue has had media coverage and the Housing Minister is drafting guidance for local authorities where a significant problem of what they refer to as ‘illegal landlords’ are thought to exist. There is an expectation on councils to prepare action plans to target the funding. There is also a possibility of influencing Government policy and using the localism agenda to develop initiatives in Brent.
Minutes:
Chris Walker (Assistant Director – Planning and Development, Regeneration and Major Projects) presented this item, stating that the Government’s Illegal Landlords Initiative was in response to what was perceived as a growing problem nationally, particularly in respect of ‘beds in sheds’ relating to the use of outbuildings in residential gardens. The Planning Service had been aware of the problem in Brent for a while and had been taking enforcement action dependent upon neighbouring residents reporting such transgressions. Chris Walker confirmed that the council had received funding of £163,745 from the Department of Communities and Local Government (DCLG) as part of a Government led initiative to tackle the problem. One of the immediate priorities involved establishing the extent of the problem in the borough. Members heard that the problem was also particularly acute in other parts of London, such as the Southall area of Ealing and also Newham, where considerable funds were being used to tackle the issue, however the council was also undertaking more action than most other local authorities. The DCLG Initiative did not propose any new legislation and was using existing powers to promote actions against landlords from misuse of outbuildings.
Chris Walker drew Members’ attention to the appendix of the report that set out the measures proposed in the action plan and he explained that the approach taken would also involve increasing co-operation with other service areas and agencies. He then circulated photographs to Members that illustrated examples of outbuildings in gardens that violated planning regulations. He advised that although it was a problem that needed to be addressed, in some cases it also needed to be acknowledged that some families may be reliant on such accommodation and any subsequent enforcement action needed to be balanced by taking into account the risk that such families could become homeless. He also advised that the council had the ability to use Article 4 Directions and other Local Development Orders that would require a landlord to seek the appropriate planning permission for larger garden buildings prior to construction. Enforcement action would also be targeted in those areas where it was identified that ‘beds in sheds’ developments were more frequent.
Chris Walker advised that it was not intended to divert resources from other vital planning functions and so it was proposed to use the Government funding to recruit additional staff to work on a limited programme to support the Initiative over the next 12 to 18 months. He referred to the recommendations in the report which if agreed, would be reported back to the committee in 12 months updating them on progress.
During discussion, Councillor Cummins commented that there were a number of ‘beds in sheds’ cases refused by the council that were subsequently approved by the Planning Inspectorate and he felt there was a need for a clear policy to be published to restrict the volume of such cases. In addition, landlords could be reminded that such developments may not be able to obtain a Certificate of Lawfulness which would present them with significant problems if they subsequently wanted to sell their property. Councillor Cummins suggested that more interagency communication was necessary to tackle the issue. Councillor Daly commented on the pressure on housing in the borough and asked if there were any other options being considered to manage this issue in view that enforcement action could lead to more families becoming homeless. Councillor Cheese stated that although he had sympathy with such families, it was important to convey the message that such developments were not acceptable as it affected the quality of life of both the family it housed and also neighbours.
Councillor John stated that the overcrowding in the borough was due to the lack of housing stock and other factors also needed to be taken into consideration, such as the changes to Housing Benefit which were likely to result in a number of families moving areas in London and place more pressure in some parts. However, a robust approach needed to be pursued with a clear message to landlords that it was not acceptable for families to be living in shed like accommodation.
With the approval of the Chair, Robert Dunwell addressed the committee. Robert Dunwell, whilst welcoming the need to take action to address the issue also referred to the shortage of housing in the borough and in some respects ‘beds and sheds’ was at least providing accommodation. He enquired if an estimate could be given as to the number of people who may need support from Social Services if action was taken against such developments.
In reply to the issues raised, Chris Walker acknowledged that there had been some disappointing outcomes in respect of some of the Planning Inspectorate’s decisions and this could be partly attributable to some flawed thinking in some cases. However, the DCLG was working with the Planning Inspectorate to convey a clear message concerning such developments and this point was also being stressed to other agencies. Article 4 Directions would help restrict the size of outbuildings and landlords were already encouraged to obtain Certificates of Lawfulness on any proposal prior to construction, however they did not always undertake what they had formally proposed. In respect of housing pressures, Chris Walker advised that Planning Services were taking this into due account, especially as it involved some hard to reach communities and any enforcement action being considered also needed to be mindful that children may be residing in such properties. It was not known how many people were living in such accommodation, however work was being undertaken to try and obtain a clearer picture. Chris Walker acknowledged the points raised by the committee and he concluded by stating that some cases would need to be handled with sensitivity, however the message would be conveyed that it was unacceptable for landlords to proceed with such developments.
RESOL VED:-
(i) that it be agreed that the funding from DCLG be used to target the problem of ‘beds in sheds’ in the borough, including measures that are likely to reduce the occurrence of the problem in the future, such as Article 4 Directions/Local Development Orders to remove permitted development rights for outbuildings and set a lower size limit for outbuildings before planning permission is required;
(ii) that it be agreed that a detailed action plan be developed, based on actions outlined in paragraph 3.8 of this report and appendix 1, to establish the extent of the problem in Brent and to examine and pursue the most effective enforcement action, engaging with external agencies where appropriate; and
(iii) that a report be provided after 12 months detailing progress made and spend incurred.
Supporting documents: