Agenda item

Report of the Executive Director (Resident Services and Climate Change)

The Assistant Director (Planning) and Private Sector Housing Manager introduced the report and provided a presentation which is attached to these minutes.

A member noted there were a lot of houses in multiple occupation (HMO) in Hatfield South West. Anecdotally it seemed a small percentage complied with the Houses in Multiple Occupation Supplementary Planning Document (SPD) particularly in respect of parking, and another issue was inadequate bin provision which meant there was rubbish strewn on the street in some areas making them look unsightly. Officers noted all mandatory HMOs had a condition that meant they had to have adequate waste provision; members were asked to notify the Private Sector Housing Manager if they knew of instances when this was not the case.

A member asked about additional licensing and officers said this was being considered; a report had been commissioned to look at the private sector housing stock and the Private Sector Housing Manager was drafting a business case for a proposal for additional licensing which would cover small HMOs (3 or more people forming 2 or more households). 

A member referenced a property that had applied for a change of use which had no off-street parking or bike storage and unsatisfactory bin provision when it appeared all that had been required was for it to be demonstrated that it had been an HMO for a specified time period. Officers advised that following the Levelling Up and Regeneration Act the enforcement period had now changed from a planning perspective; it had previously been four years but was now ten although this depended on when the use was substantially complete. The member said that residents in the area who faced parking and waste issues would not necessarily know the issue was HMO-related and so were unlikely to complain about the specific property in question. He wondered if more could be done to signpost HMO properties and request feedback; there was a balancing act as it was important not to group people against each other but this could probably be done in areas where it was problematic without stoking up division. Officers advised there was a register of HMOs on the Council’s website which was required for all HMOs that met the legal definition. However there was not a list of smaller HMOs as this was something the Council could choose to adopt if it met the criteria in the Act (so there was no register for smaller HMOs unless a local authority brought in the scheme, which required evidence that smaller HMOs were not being managed properly).

A member asked what the reporting mechanism was if a member of the public was concerned about an unofficial HMO and was advised they could email psh@welhat.gov.uk or use the Council’s Twitter feed, Facebook page or an online reporting form.

The report noted the mandatory licensing regime did not have enforcement powers in relation to parking and a member asked how that worked if there was an 8-person HMO and potentially 8 cars in use. Officers said an HMO of that size would require planning permission and parking was a factor that was assessed against the criteria in the HMO SPD as well as the Council’s SPD on parking (which was a guidance document rather than policy). Planning permission would not necessarily be refused as it needed to be weighed in the balance with other material considerations and dealt with at that stage.

A member queried whether there could considered be too many HMOs in particular areas. Officers said that from a planning perspective, the HMP SPD set out criteria so that if there was an application for a new HMO, the number of existing HMOs within a specified area of the site would be considered if planning permission was required. Smaller HMOs not in Hatfield could be established through exercising permitted development rights and so did not require planning permission.

A member asked if HMOs were monitored in respect of overcrowding. Officers explained properties were inspected before they were licenced and mid-term checks took place on properties considered slightly more risky for residents. The Private Sector Housing said members could contact her if they had any concerns about specific HMOs.               

The Committee noted the report.