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.

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 challenges to decisions and stated that there was not robust evidence in place to support the extension of Article 4 across the borough.

The Committee requested clarification on how complaints related to HMO’s should be submitted and it was agreed that the Principal Environmental Health Officer would e-mail all Councillors with the correct procedure to follow.

The Committee expressed concern that only the Planning aspect of HMO’s could be considered and suggested that a more coordinated approach was needed.

The Committee expressed a desire for the existing Article 4 direction to be expanded to include all the Ashford Wards and for a further report to be brought to Committee in December 2025.

The meeting was adjourned at 22:30 and further consideration of the item would take place at the Planning Committee on 08 January 2025