REGIME CHANGE FOR HMOs

Housing and Planning Minister John Healey today announced new local powers to control the spread of high concentrations of shared rented homes and to tackle pockets of unsafe and substandard accommodation run by bad landlords.

Mr Healey confirmed new powers for local councils to manage the unplanned spread of Houses in Multiple Occupation (or an HMO) in towns and cities. The cluster of too many shared houses can sometimes cause problems, especially if too many properties in one area are let to short term residents with little stake in the local community. Tenants can also suffer from poor conditions and management of the properties by landlords.

A Government consultation on how to tackle this long-standing issue closed last year. It attracted around 900 responses, published today, from local authorities, residents associations, universities, individuals, MPs, councillors, and campaign groups. The large majority of those who responded supported a change to the so-called Use Classes Order, which defines how a property can be legally used, and the introduction of a definition of what constitutes a HMO.

Mr Healey responded to the consultation by confirming changes to the planning rules, giving local authorities the powers to manage the development of HMOs in their area, in turn helping stem the growth of large pockets of shared homes - which can change the balance and nature of communities. The Minister said that he would legislate so the new rules would come into force by April this year. The changes mean that landlords will need to apply for planning permission in order to establish a new HMO with a change of use, for example when the use of a property is altered from a family home to a shared house, with three or more tenants who are not related.

The Minister also published plans for councils, giving them extra flexibility to license landlords, requiring safe and quality rented accommodation in neighbourhoods where large numbers of substandard properties can be a magnet for community problems.

In a consultation published today, John Healey proposes to give a general consent for councils to introduce licensing schemes, without seeking permission from central Government, in hotspot areas where landlords do not maintain or manage their properties properly. A general consent would ensure that decisions on the quality of rented homes are made by those who are aware of the local issues and needs of the community. In the future, tenants will see improved standards and councils will be better able to deal with the worst landlords that drag down the neighbourhood.

Mr Healey also confirmed that detailed work is now underway for a new National Landlords Register, to help raise standards of private rented accommodation further. For the first time it will give landlords and tenants easy access to clear advice and support. It will also be the way in which landlords and tenants can be kept informed of basic rights and responsibilities.

John Healey, said:

"Today I am giving councils more local powers to crack down on the worst landlords and stop the spread of high concentrations of shared homes where it causes problems for other residents or changes the character of a neighbourhood.

"Private landlords play a big part in meeting the housing needs of millions so I want to raise the standards and stamp out the worst landlords that drag down the reputation of the rest. Councils know their communities and are best placed to help tenants facing landlords who rent unsafe or substandard accommodation and take little responsibility for the problems caused for neighbours.

"It's also right that tenants have the information they need about potential landlords, and know what to do when things go wrong. The new National Landlords Register I will set up will give them access to this important advice.

"Everyone deserves a decent and safe place to live and these measures aim to improve standards of the private rented sector at a time when more people look to rent as their first option in the housing market."

Many towns and cities across the country have suffered the effects of a concentration of HMOs. Market, coastal and university towns have reported problems due to large student populations and HMOs, meaning shops, businesses and pubs simply close down creating 'ghost neighbourhoods'.

The consultation identified the problems linked with high concentrations of HMOs and looked at ways of dealing with the difficulties. John Healey today confirmed that new local powers will be in place by April this year. The changes will include a specific definition of an HMO and a general consent for councils to set up local landlord licensing schemes.

Freeze On Planning Fees

Government freezes planning application fees

Planning minister John Healey has announced a freeze on planning application fees to help the development and construction sectors in England.

He has also confirmed that fees for planning appeals will not be introduced this year to avoid placing any further burdens on businesses and householders.

This will mean that businesses will not have to pay for decisions to be reviewed by the Planning Inspectorate if their applications are rejected.

The minister said: "At a time when investing in new developments is difficult and when access to funding is hard, it would be wrong to increase the costs of developers who will help drive economic recovery. That's why I've decided to freeze planning fees and put appeal fees on ice.

"I recognise that as we start to work through economic recovery, we need to do what we can to keep builders on construction sites and keep plans on the table."

In addition to freezing planning fees, the Government is increasing funding for the provision of free, independent advice to individuals and community groups to help them understand and use all aspects of the planning system. Funding for Planning Aid has risen from £3.2m last year to £4.1m in 2009/10 and £4.5m in 2010/11.

Last year the Government commissioned research from Arup which indicated that a further increase in planning fees of 10 per cent planned for this year, following an average increase of 23 per cent in 2008, would be justified. Potentially it would have raised an additional £23m for local authorities.

Appeal Allowed

Broadley Studios - 48 Broadley Terrace London NW1 6LP

An appeal against an Enforcement Notice dated 23 April 2008 issued by Westminster City Council against Broadley Studios was today allowed. The appeal site is a media building containing several studios and ancillary offices. The Enforcement Notice required the removal of air conditioning units which, if upheld, would have ultimately forced the closure of the profitable businesses. The Inspector granted planning permission subject to an hours of operation and screening condition.

Full details are available on request.

Loft extension refusal upheld

Loft extension refusal upheld: The High Court has upheld an appeal decision relating to a loft extension in North London. An inspector had held that the proposal, for which retrospective permission was requested, was unsympathetic to the character of a Victorian terrace house and street scene. It was felt to be a crude box-like addition which subsumed much of an attractive front gable.

The inspector had also reasoned that there was no evidence that the need for extra accommodation could not be addressed by suitable extensions to the basement or ground floor, and that the personal circumstances of the family did not outweigh the harm identified. It had been argued in particular that the inspector did not have the benefit of a report relating to planning for the special needs of the Jewish community, especially in respect of accommodation for larger families.

However, the judge came to the “firm conclusion” that the challenge should fail Schlesinger v SOS 23/4/2009

Loss of retail policy supported

The High Court has upheld an enforcement notice requiring Cafe Nero to cease the mixed use of a shop in Epping for A1and A3 purposes. At appeal the Inspector had supported local policy designed to protect key town centre retail frontages, despite the popularity of the new use. It was ruled that the inspector had not found harm because of the specific non-retail use which had taken place, rather, it had the potential to progressively undermine the vitality and viability of the town centre. No deficiency in the inspector’s reasoning was found Nero Holdings Ltd v SOS 17/3/2009.

Permitted Development

It has come to our attention that clients have not appreciated changes to Permitted Development

Class E - Any building or enclosure etc within the curtilage of a dwellinghouse.

It should be noted that the height restrictions have altered in the new order:
(i) 4 metres in the case of a building with a dual-pitched roof.
(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse or
(iii) 3 metres in any other case.

Please do not hesitate to contact us to clarify any particular issue.

CBI Urges Ministers to allow Planning Consent Extensions

In recent years planning legislation has reduced the length of the currency of a planning consent from five to three years, and removed the right to extend a permission for a further period (of three years) without the need for a fresh application. In the light of the current financial crises the CBI has urged the Government to extend the three year period so as not to burden companies with the considerable expense of making a new application.

Watch this space for further information.

HSE - Enforcement Inspection March 2009

HSE is running it's latest enforcement led inspection initiative during March 2009 in selected regions of the country. These inspections will focus on working at height safely, good order on site, and the risks associated with the removal of asbestos on construction refurbishment sites.

Advice on the issues HSE Inspectors will be looking at and other relevant subjects can be found via the following link.
http://www.hse.gov.uk/shatteredlives/construction/index.htm?ebul=cons/feb09&cr=3

Permitted Development

Changes in Permitted Development rights for dwellinghouses came about effective 1 October 2008.The Town and Country Planning (General Permitted Development)(Amendment)(No2)(England) Order 2008. The key differences are:

1. The limiting total permitted development expressed as a percentage of the total volume has been removed.Thereby permitting extensions and loft conversions to be considered at different times (subject to limits).

2. Any rearward extension may not extend to within seven metres of the rear boundary

3. Additional buildings including extensions may not exceed 50% of the site excluding the original house

4. Care should be taken not to fall foul of conditions that are now included in the order

Please feel free to contact us to check that what is intended does not offend the limits permitted.