Agenda item

To consider a report on the Article 4 Direction made on 21 August 2024 in respect of Staines, Ashford North and Stanwell South, and Stanwell North wards.

This item was carried over from the meeting of 10 December 2024. The Committee were advised that only members who were present at the meeting of 10 December 2024 would be allowed to vote on this item.

It was proposed by Councillor Rutherford, seconded by Councillor Clarke to confirm the Article 4 Direction made on 21 August 2024 in respect of Staines, Ashford North and Stanwell South, and Stanwell North wards, and serve an Article 4 Direction under the Town & Country Planning Act 1990 to remove Permitted Development Rights for HMOs across all ten remaining wards within Spelthorne to come into effect in twelve months’ time

The Committee expressed that the threat of low-quality HMO’s was growing and action needed to be taken to prevent the situation from getting worse.

The Committee were advised that implementing an Article 4 direction without robust evidence would expose the Council to risk of judicial review. The Committee countered that there had been no evidence of a judicial review being launched against London Borough of Hounslow when they served a borough-wide Article 4 direction.

The Committee queried when a judicial review could be called and were advised that for planning matters it needed to be within six weeks of a decision being made, for other matters it would be within three months of a decision.

The Committee asked what the cost to the Council would be in serving a borough-wide Article 4 direction and were informed that it would be difficult to quantify but the main cost would be to officer time.

The Committee acknowledged that with devolution talks underway the issue of HMO’s was one that could potentially get overlooked and to protect residents it would be prudent to act quickly.

The Committee resolved to confirm the Article 4 Direction made on 21 August 2024 in respect of Staines, Ashford North and Stanwell South, and Stanwell North wards, and serve an Article 4 Direction under the Town & Country Planning Act 1990 to remove Permitted Development Rights for HMOs across all ten remaining wards within Spelthorne to come into effect in twelve months’ time