(a)

on a proposal to take measures to increase the level of planning control over houses in multiple occupation (HMO) in certain parts of the city;

(b)

indicating that the designation of an Article 4 Direction (A4D) would result in the withdrawal of the permitted development rights for specified types of development, requiring planning permission to be sought from the local planning authority;

(c)

advising that the option of using an A4D to give greater control over HMOs was recently consulted upon in the Sustainable Neighbourhoods Development Plan Document consultation and received support, although some landlords were opposed to it;

(d)

indicating that although A4Ds could not be applied retrospectively, additional restrictions would aid in achieving the goal of better balanced communities and would ensure that further areas of the city would not exceed significantly harmful concentrations of HMOs;

(e)

informing Cabinet Members that there were two types of directions, an immediate A4D and a non-immediate A4D.  An immediate A4D would expose the Council to potentially considerable financial risks from disadvantaged landowners;

(f)

indicating that the proposed non-immediate A4D would cover the area recommended in the Arup report including Mutley and Greenbank, and the City Centre. It would also provide controls in  Stonehouse, Stoke, Peverell, Beacon and Pennycross, Hartley and Mannamead, Higher Compton, Efford, Lispson and Laira, Mount Gould and East End.

(1)

a non-immediate Article 4 Direction is made, to control changes of use to Class C4 (Houses in Multiple Occupation) as set out in detail in the Appendix to this written report, pursuant to Article 4(1) of The Town and Country Planning (General Permitted Development) Order 1995 (as amended), to come into force no sooner than 12 months after notice of the withdrawal of permitted development rights is given;

(2)

officers are instructed to serve notice locally and notify the Secretary of State in accordance with The Town and County Planning (General Permitted Development) Order 1995 (as amended), and Annex A of the ‘Department for Communities and Local Government Replacement Appendix D to Department of Environment Circular 9/95: General Development Consolidation Order 1995 (978 0117531024)’, November 2010;

(3)

authority is delegated to the Cabinet Member for Planning, Strategic Housing and Economic Development to determine whether to confirm the Article 4 Direction, taking into account any representations received during the six week consultation

period, or to instruct further consultation should material changes to the Direction be appropriate as a result of consultation;

(4)

officers are instructed to prepare supporting planning guidance to amplify existing policy in relation to changes of use to Houses in Multiple Occupation, including necessary evidence gathering and consultation;

(5)

officers are instructed to refer the report to Planning Committee for information;

(6)

officers are instructed, in the event that an Article 4 Direction is confirmed, to carry out a review of the Article 4 Direction’s area and effect for consideration by Cabinet, 12 months after a Direction comes into force.