The Chairman invited the Chairman of the
Policy and Resources Committee to comment on the decision made by
the committee. He advised that the
committee had considered the report and the points raised at the meeting and decided to vote as they
saw fit on the day.
The Committee considered the issues set out in
the report and the comments of the public speakers.
The Councillors made a number of comments to
which officers responded, as follows: -
There was no specific help available from the council for those who
wanted to sell their property who lived within the designated
Applications would be considered on their planning merits
reflecting material planning considerations. The Article 4 Direction would be one such
The proposal was interfering with the free market. The universities had built significant
additional student accommodation in recent years which was
resulting in some landlords struggling to get tenants. The council would also loose income because it
cannot charge fees for applications resulting from an Article 4
A councillor suggested a balanced community should have a greater
proportion of permanent than transient residents. The areas affected by a high concentration of
HMO’s was widening to the edge of the city. The Article 4 Direction would act as a
planning instrument to limit the amount of HMOs in each area.
Adequate reasons were not given for the decision. Ward councillors in the affected areas supported
the proposal to adopt the Article 4 Direction. The ratio of HMO to residential houses in areas of
high HMO concentration had reached a tipping point. It was better for students to live in a mixed area
where they could be supported by local residents.
It was confirmed that the Planning Inspector could confirm, amend
or reject Policy HD6 of the draft Local Plan, which was designed to
work in conjunction with the proposed Article 4 Direction.
The council had given notice of its intention to confirm the
Article 4 Direction, which would come into effect in February
2016. If the council waited for the
Inspector to make his ruling, it could delay adoption by 12 -18
months because a new notice would need to be published indicating
the council’s intention to implement an Article 4 Direction
if the old one had expired.
Responding to a question about whether the council might be liable
to pay compensation for anyone suffering financial loss as a result
of any change in decision, it was believed that this was unlikely
because the proposal to introduce the Article 4 Direction would
have been implemented in good faith and reflected the policy
contained in the draft Local Plan.
The Chief Executive clarified that the impact
of the Article 4 Direction was that it required planning permission
to be sought for change of use from residential to HMO, which was a
decision that would be taken either by the Planning Committee or
under delegation by an officer.
Planning may still be ...
view the full minutes text for item 214.