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Issue - meetings

Confirmation of Article 4 Direction

Meeting: 19/04/2023 - Council (Item 13)

13 Confirmation of the Immediate Article 4 Direction in 7 Wards - Results of Consultation; and Update on Proposed Introduction of Landlord Licensing and Empty Homes Project pdf icon PDF 2 MB

Additional documents:

Minutes:

The report was moved by Councillor Judge and seconded by Councillor Bhim.

 

Councillor Willis also spoke on the report.

 

RESOLVED:

 

A. After consideration of the consultation responses and advice from Cabinet and Borough Plan Advisory Committee, Confirm the Immediate Article 4 Direction for small HMOs for the following wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields.

B. Note that there is an ongoing risk of compensation claims being submitted for any small HMOs (6 persons and under) that relied on the permitted development rights that have been removed in the 7 wards and note that claims are only valid if a planning application is submitted within 12 months from the introduction of the Immediate Article 4 (17th November 2022) and then subsequently refused; or if additional Planning Conditions are applied that reduce the development’s value.

C. Note also, that the Secretary of State (SoS) must be notified at both the introduction and confirmation of the Article 4 Direction. The SoS is considering whether there was adequate evidence for the introduction of the Article 4 and whether it has been applied to the smallest geographical area. The SoS has the power to pause or stop the Article 4 at any time if it considers that either of these criteria have not been met.

D. Note the update on Landlord Licensing and Empty Homes, including the proposed charges and conditions appended, and note that once the full consultation report has been provided to the Council by ORS, a further report will be taken to Cabinet in June to agree the way forward for Landlord Licensing, following consideration of representations received. It will not be necessary for Council to confirm Selective and Additional Licensing as this falls within the remit of Cabinet.