Agenda item

The Panel is asked to consider and comment on the options for the review of the Houses in Multiple Occupation (HMO) Supplementary Planning Document.

Joy Burt addressed the Panel, a copy of her statement will be placed on the Minute Book and can be seen online as an appendix to these minutes, a summary is set out below.

She said that she had responded to the consultation paper on HMOs in Bath Supplementary Planning Document Review in May 2017 and thanked Councillor Bob Goodman for leading the review into HMO Policy.

She said that in West Avenue the figure was now over 30%. She said that a reduction to 10% would go some way to address the student issue, but that this figure must apply to purpose built student accommodation as well as private HMOs.

She stated that it should be recognized that Bath cannot support the ever increasing expansion of student numbers at both of the universities. She said that she believed that a saturation point had now been reached and that a cap should be applied.

She said that by allowing developers to continue to turn family homes into HMOs for students as not only is it decreasing the housing stock, but as neither landlords nor students pay Council Tax, the income to B&NES is decreasing.

She said that she did have faith in the Council to do right by the residents of Bath so that those of us who live in Westmoreland and Oldfield Park wards can, in the future, say in truth we are proud to live in these communities.

Councillor Colin Blackburn asked if there was a site for potential purpose built student accommodation that she was concerned about.

Joy Burt replied that the recent proposals for a 126 bedroom facility on the site of the current Wansdyke Business Centre were a real concern. She said that local residents were pleased that it had been refused. She added that the issue of garages being converted into living accommodation was also a concern.

Simon Lock addressed the Panel, a summary of his statement is set out below.

He said that rubbish production is of a high volume at HMO properties and that he had written to Councillor Martin Veal on the matter, but had not received a reply.

He said that there were limited parking opportunities in areas containing a high percentage of HMOs and that noise emanating from regular late night parties was difficult to live with. He added that anti-social behaviour is a real problem and that the cause was alcohol being consumed in excessive amounts.

He stated that communities are becoming fractured and that the gardens of HMO properties in the main are often very messy.

He said that he felt that the number of registered HMOs was low in comparison to the actual figure.

Councillor Geoff Ward asked if he felt if the new SPD would make a difference.

Simon Lock replied that he thought it might as long as the number of registered HMOs increased.

Councillor Colin Blackburn asked what he thought the Council could do better regarding this issue.

Simon Lock replied that it should increase its efforts to fully understand the true figures of HMOs in the area as he thought there could be twice as many as were registered. He added that the Council should look at parking controls in certain areas and that he was concerned that the introduction of wheelie bins in the future would lead to an increase in fly tipping. He said that he would like to see a real community created again.

Councillor Shaun Stephenson-McGall addressed the Panel. He said that he welcomed the initial Council decision in 2013 and that amending the threshold figure to 10% was the right thing to do. He added that since 2013 we have seen that other Councils have been more ambitious with their proposals.

He stated that the Council needed the appropriate number of staff in place for enforcement to be efficient and robust. He added that they should not reduce the amount of funding that it gives to the Student Community Partnership.

He said that he was disappointed that further purpose built accommodation was not being pursued and advised the Panel to consider the Belfast case study within the appendix to the report.

Councillor Colin Blackburn asked how much funding does the Council give to the Student Community Partnership now in comparison to previous years.

Councillor Shaun Stephenson-McGall replied that it was currently £5,000 and had previously been between £15,000 - £20,000.

Councillor Barry Macrae commented that he felt that residents felt a little powerless on this issue. He suggested that the Universities and landlords should contribute to the Student Community Partnership.

Councillor Geoff Ward commented that he was aware of specific training that took place in South Wales for HMO landlords.

Councillor Shaun Stephenson-McGall replied that he was aware of a previous voluntary accreditation scheme, but that it was enforcement that was really necessary for the bad landlords.

Councillor June Player addressed the Panel. She said that landlords should be held more responsible for their tenants, especially in terms of rubbish associated with the property. She stated that parking was also difficult as when students are present the roads are packed with cars.

She said that first year students should have to stay in purpose built accommodation for the first full year of their course and that the additional licensing scheme was not adequate enough.

She recalled to the Panel that she had put a motion to Council relating to HMOs and business rates and that nothing further had happened in respect of it.

She concluded by stating that she agreed with the proposal to amend the threshold to 10% and the introduction of a sandwich policy.

Councillor Colin Blackburn asked her opinion on the conversion of garages into dwellings.

Councillor Player replied that she was against it and did not feel that it was monitored properly.

The Chairman read out a statement from Rosie Phillips, Chief Executive, Developing Health & Independence (DHI), a summary is set out below.

The situation relating to two people were referred to and it was stated that they both now live in a HMO in central Bath provided by Home Turf Lettings, DHI’s not for profit lettings agency.

She explained that DHI set up Home Turf Lettings as a not for profit lettings agency several years ago in response to the growing lack of affordable accommodation which meant that they were struggling to find accommodation for both our traditional client group (those who are vulnerable and marginalised) but increasingly for those simply on a low wage or suffering a set-back in life. 

She wrote that the impact of this is that those who are most vulnerable, as well as those in low paid work, are furthest from either the support services they need or their place of work and have to pay most to access it. This cannot be right.

She stated therefore, while we support B&NES proposed restriction, DHI would urge that the Council consider an exemption for charities and not for profit organisations that provide affordable housing aimed at supporting local people. 

The Group Manager for Policy & Environment introduced the report to the Panel. He drew their attention to Table 4 that sets out the key policy options shortlisted in the Arup Report. He explained to them a little more detail regarding Option 4 - HMO ‘Sandwich’ Policy (Introduce an additional criteria. A proposed HMO will be refused if it would result in a non-HMO dwelling being located between two HMOs).

Councillor Barry Macrae asked if the threshold was amended would that affect any existing HMOs.

The Group Manager for Policy & Environment replied that it would not.

The Team Manager for Standards & Improvement added that any additional licence ceases after five years.

The Chairman explained to the Panel that the House Condition Survey (Housing Census modelling study) was due to be undertaken by Housing in the Summer of 2017 and that potential changes in the Mandatory Licensing scheme will help improve the data sets.

Councillor Colin Blackburn agreed with comments made regarding the Council’s need to enhance its data as he felt that there are far more HMOs out there than are registered.

Councillor Rob Appleyard asked if any thought had been given to reducing the number of years for a licence from five to four and if any behaviour conditions should be applied to it.

The Team Manager for Standards & Improvement replied that these suggestions were not being considered currently, but he would note them for future reference.

Councillor Lisa O’Brien questioned whether the Council should consider allowing no further HMOs for a period of two years to allow for a thorough data collection process to take place. She also suggested that landlords and tenants should be asked to pay business rates and Council Tax respectively.

The Group Manager for Policy & Environment replied that the Government believes that we should not be able to control it all which is why we had to apply for the initial Article 4. He added that he did not think the Council would have a case for not allowing any HMOs for two years and that the percentage amendment proposed is substantial alongside a sandwich policy. He said that he did not think that they would be challenged on their proposals.

Councillor Geoff Ward said that he agreed for the need for the Council’s data to be enhanced, particularly in non-traditional HMO areas.

Councillor Barry Macrae said that he would endorse the threshold amendment to 10%. He commented of the need for Licensing and Planning to be reading from the same book on this issue.

The Head of Housing offered to bring to a future meeting of the Panel a report that detailed their enforcement work. He reminded them that they were looking at two totally separate pieces of legislation and that the additional licensing measures were about the protection of tenants.

The Chairman asked a question on behalf of Councillor June Player in her absence regarding the level of control the Council has on the conversion of garages into dwellings.

The Group Manager for Policy & Environment replied that he would seek a response to this question and inform the Panel.

The Panel RESOLVED to endorse the emerging preferred approach to introduce a sandwich policy and lower the threshold to 10% from 25% as follows;

Applications for the change of use from C3 Dwellings to C4 or Sui Generis (Houses in Multiple Occupation) will not be permitted where;

Criteria 1:

It would result in any residential property (C3 use) being ‘sandwiched’ between two HMOs; 

Criteria 2:

Stage 1 – The application property is within or less than 50 metres from a Census Output Area in which HMO properties represent more than 10% of Households; and;

Stage 2 – HMO properties represent more than 10% of households within a 100 meter radius of the application property.