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Issue - meetings

Results of Consultation and Way Forward for Landlord Licensing; and Update on Article 4 Direction; and Empty Homes Project

Meeting: 19/06/2023 - Cabinet (Item 12)

12 Update on Consultation and Proposed Introduction of Selective and Additional Licensing pdf icon PDF 863 KB

Additional documents:

Decision:

RESOLVED:

 

A. Following review of the consultation responses, Cabinet Designated (Confirm) Selective Licensing for the following 4 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; with proposed Go Live in Sept 23

B. Following review of the consultation responses, Cabinet Designated (Confirm) Additional Licensing for the following 7 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields, with proposed ‘Go Live’ in September 2023

C. Cabinet approved the Selective and Additional Licensing Fees as set out in Appendix D

D. That Cabinet Delegated Authority to the Executive Director of Housing and Sustainable Development, and the Executive Director of Environment, Civic Pride, and Climate, in consultation with the Cabinet Member for Housing and Sustainable Development to increase the Licence Fees should this be required following the annual review of fees to ensure that costs are being covered

E. Cabinet noted that following Confirmation at Council in April 2023, the Article 4 Direction has now been made permanent in the 7 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields.

F. That Cabinet noted that the timescale for the risk of Legal Challenge to the Article 4 Direction has now passed but there is still a risk of Legal Challenge to the introduction of Selective and Additional Licensing for 3 months from Designation

G. Cabinet noted that the Secretary of State has considered the evidence provided by the Council for the Article 4 Direction and has confirmed they will not be intervening

H. Cabinet noted that there is an ongoing risk of compensation claims being submitted for any small HMOs (6 person 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

I. Cabinet noted the update on the Article 4 Direction and the Empty Homes Project

Minutes:

The Cabinet Member for Housing and Sustainable Development presented the report providing an update on three key projects and thanking officers for their work. The Cabinet Member noted that in relation to selective licensing, extensive consultation had taken place and careful analysis of the evidence and data had been undertaken to consider what measures could be justified and where. Following a review of these responses, the recommendation was to confirm four wards for selective licensing to go live in September 2023, and seven wards for additional licensing. It was confirmed that the Government had looked at the evidence and confirmed they would not be intervening.

 

RESOLVED:

 

A. Following review of the consultation responses, Cabinet Designated (Confirm) Selective Licensing for the following 4 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; with proposed Go Live in Sept 23

B. Following review of the consultation responses, Cabinet Designated (Confirm) Additional Licensing for the following 7 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields, with proposed ‘Go Live’ in September 2023

C. Cabinet approved the Selective and Additional Licensing Fees as set out in Appendix D

D. That Cabinet Delegated Authority to the Executive Director of Housing and Sustainable Development, and the Executive Director of Environment, Civic Pride, and Climate, in consultation with the Cabinet Member for Housing and Sustainable Development to increase the Licence Fees should this be required following the annual review of fees to ensure that costs are being covered

E. Cabinet noted that following Confirmation at Council in April 2023, the Article 4 Direction has now been made permanent in the 7 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields.

F. That Cabinet noted that the timescale for the risk of Legal Challenge to the Article 4 Direction has now passed but there is still a risk of Legal Challenge to the introduction of Selective and Additional Licensing for 3 months from Designation

G. Cabinet noted that the Secretary of State has considered the evidence provided by the Council for the Article 4 Direction and has confirmed they will not be intervening

H. Cabinet noted that there is an ongoing risk of compensation claims being submitted for any small HMOs (6 person 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

I. Cabinet noted the update on the Article 4 Direction and the Empty Homes Project