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Article 4 Direction Removing Permitted Development Rights for Change of Use From Class C3 dwelling houses to Class C4 House in Multiple Occupation

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Meeting: 11/10/2021 - Cabinet (Item 8)

  • Webcast for 11/10/2021 - Cabinet

8 Article 4 Direction Removing Permitted Development Rights for Change of Use From Class C3 dwelling houses to Class C4 House in Multiple Occupation pdf icon PDF 388 KB

This report details representations received to a borough wide Article 4 direction.  The direction required planning permission for change of use from residential dwellings to houses in multiple occupation.  It presents the representations received to the consultation and officer responses and recommends the making of a new Article 4 that excludes the draft Local Plan’s site allocations within the Church End Growth Area and all parts of the other seven Growth Areas.

Additional documents:

  • 08a. Appendix A - Article 4 Direction C3 to C4 Consultation Response Summary, item 8 pdf icon PDF 304 KB
  • 08b. Appendix B - Article 4 Direction C3 to C4 Area FINAL, item 8 pdf icon PDF 806 KB
  • 08c. Appendix C - Photographs of HMO's, item 8 pdf icon PDF 503 KB
  • Webcast for Article 4 Direction Removing Permitted Development Rights for Change of Use From Class C3 dwelling houses to Class C4 House in Multiple Occupation

Decision:

Cabinet RESOLVED

 

(1)     To note the representations received on a non-immediate Article 4 Direction made in October 2019 removing permitted development rights for change of use from Residential (C3) to Houses in Multiple Occupation (C4) and the officers’ responses.

 

(2)     To agree, having considered the representations received, that the non-immediate Article 4 Direction made in October 2019 removing permitted development rights for change of use from Residential (C3) to Houses in Multiple Occupation (C4) does not proceed to confirmation and the Direction is formally revoked.

 

(3)     To approve the making of a new borough wide non-immediate Article 4 direction for change of use from Residential (C3) to Houses in Multiple Occupation (C4) that excludes the draft Local Plan’s site allocations within Church End Growth Area and all parts of the other seven Growth Areas as shown in Appendix B of the report.

 

(4)     To delegate authority to the Strategic Director for Regeneration and Environment in association with the Cabinet Member for Regeneration, Property and Planning to consider consultation responses and the decision on whether to confirm the Article 4 Direction.

Minutes:

Councillor Tatler (Lead Member for Regeneration, Property & Planning) introduced the report which detailed representations received to a borough wide Article 4 Direction requiring planning permission for change of use from residential dwellings to houses in multiple occupation (HMOs).  In presenting the representations received and responses members were being asked to consider the making of a new Article 4 Direction that would exclude the draft Local Plan site allocations within the Church End Growth Area and all parts of the other seven Growth Areas.

 

In considering the report, members noted the important role that well maintained and managed HMOs contributed towards meeting housing need supported by Brent’s planning policies. At the same members also recognised the negative impacts which poor quality HMOs could have on their occupants and also surrounding neighbourhoods, as detailed through the examples provided in Appendix 3 of the report.  The principles which supported the approach outlined towards the Article 4 Directive for HMOs were also noted as a means of providing a complementary and co-ordinated approach between both the Housing Licensing and Planning functions, as well as assisting to address the potential over-concentration of HMOs in an area and protect local amenity.  Members were advised that subject to approval of the recommendations within the report any new Article 4 Direction would, following the consideration of any representations received, be unlikely to take effect for at least one year in order to comply with the necessary procedure for its confirmation.

 

Having noted the benefits associated with the proposed way forward in terms of ensuring the delivery of good quality and well managed HMOs, Cabinet RESOLVED:

 

(1)     To note the representations received on a non-immediate Article 4 Direction made in October 2019 removing permitted development rights for change of use from Residential (C3) to Houses in Multiple Occupation (C4) and the officers’ responses.

 

(2)     To agree, having considered the representations received, that the non-immediate Article 4 Direction made in October 2019 removing permitted development rights for change of use from Residential (C3) to Houses in Multiple Occupation (C4) does not proceed to confirmation and the Direction is formally revoked.

 

(3)     To approve the making of a new borough wide non-immediate Article 4 direction for change of use from Residential (C3) to Houses in Multiple Occupation (C4) that excludes the draft Local Plan’s site allocations within Church End Growth Area and all parts of the other seven Growth Areas as shown in Appendix B of the report.

 

(4)     To delegate authority to the Strategic Director for Regeneration and Environment in association with the Cabinet Member for Regeneration, Property and Planning to consider consultation responses and the decision on whether to confirm the Article 4 Direction.


 

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