Issue - meetings

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

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.

The Committee considered a report from the Planning Development Manager on Houses in Multiple Occupation (HMOs).

The Committee were notified of the following changes to the report:

Amendment to para 8.5 as follows: 

This equates to an average of 1.4 complaints/investigations

Amendment to para 8.6 as follows: 

Given the very low level of complaints received not requiring planning permission (which would be covered by an Article 4 Direction) as a proportion of the number of households (as shown in Table 3), a total of 0.148% complaints per household in Ashford Town, it remains officers’….. 

The Planning Development Manager introduced the report on the Article 4 direction made on 21 August 2024 in relation to Staines, Ashford North and Stanwell South, and Stanwell North wards. The report set out the number of investigations that had been carried out relating to HMOs and provided details for complaints and investigations into HMOs across the whole borough. The Planning Development Manager advised that conversion of a dwelling into a HMO was permitted development for 3-6 unrelated people living together with shared facilities such as a bathroom or kitchen, whereas a HMO of 7 or more people would require planning permission. The Committee were informed that an Article 4 direction would require planning permission for all HMOs but should be based on robust evidence and are intended for use in exceptional circumstances. The Planning Development Manager cautioned that if a Article 4 direction was implemented with immediate effect it could have financial implications for the Council. The Senior Solicitor reminded the Committee that any decision of a public body could be challenged by judicial review.

The Committee queried how legislation defined a relationship in terms of HMOs and were advised that it would be residents being unrelated by blood, marriage, or cohabitation.

The Committee expressed concern over the recommendation that a further report on HMOs would be considered in 2026 and requested that this be changed to 2025.

The Committee expressed concern over the potential increase in the number of HMO’s and were advised that robust evidence was required in order to put an Article 4 direction in place. The Committee stated that there was evidence of an increase with 33 applications in 2023 and 77 in this year. The Senior Environmental Health Manager advised that those figures related to license applications and not planning and as such would not be covered by an Article 4 direction.

The Committee expressed concern that the figures presented in the report did not accurately represent the reality experienced by residents. The Planning Development Manager advised that the figures are based on the complaints the Planning Enforcement Officers receive.

It was proposed by Councillor Bateson, seconded by Councillor Howkins and resolved to suspend Standing Order 38.3 to continue the meeting beyond three hours.

The Committee cited Hounslow Council as having instituted an Article 4 direction across the whole borough without any adverse sanctions. The Senior Solicitor advised that it was his duty to make the Committee aware of potential  ...  view the full minutes text for item 56