Issue - meetings

To consider the Certificate of Lawfulness for (Existing Use) for the use of the property as 6-bed House of Multiple Occupation (Use Class C4).

It was RESOLVED: That the application 23/00631/CLEU be DEFERRED for the following reasons:

·         To seek legal advice regarding the evidence submitted in relation to GDPR laws.

·         To investigate whether the property had an HMO licence.

The Committee considered a report in respect of application 23/00631/CLEU seeking a Certificate of Lawfulness for (existing use) for the use of the property as a 6-bed House of Multiple Occupation (Use Class C4).

The Chair took Item 9 and Item 10 together, but Members voted separately.

The Senior Planning Officer informed Members that in 2015 the owner converted the house into a house of multiple occupancy (HMO) for up to 6 people. Permitted development rights allowed C3 developments to be converted into HMOs so at the time the owner did not need planning permission.

In 2020 an Article 4 direction was created to cover Stevenage Borough and removed permitted development rights to turn C3 properties into HMOs without planning permission. The applicant was seeking a Lawful Development Certificate to confirm that at the time of the creation of the HMO, planning permission was not required. They have submitted evidence to show they converted the property into an HMO before 2020. The Senior Planning Officer advised that Members could not be shown the evidence as it would breach GDPR laws.

There was a similar application which was taken to appeal, and SBC lost. If the conversion was done before the Article 4 then the Council must issue a lawful development certificate.

The Chair introduced Councillor Sandra Barr, Ward Councillor for St Nicholas, to address the Committee and speak in objection to both Item 9 and Item 10.

Cllr Barr acknowledged this was a formal decision on whether the existing properties proposed uses were lawful. These applications were unlike other planning applications as there were no consultations. A property must have a license to rent out a large HMO which was to 5 or more people who form one or more household and where some or all tenants share one bathroom and kitchen. These properties were once 4-bed homes and now had 7 bedrooms and a property of that size needed a lot of parking spaces in an already overcrowded cul-de-sac. If original planning permission was sought there would have been consultations and the concerns would have been met. She raised concerns of the rise of HMOs in St Nicholas and the shortage of larger, 4-bedroom family homes. She believed there should be further investigation into these properties.

The Chair thanked Cllr Barr for her contribution to the meeting.

The Senior Planning Officer reminded Members that at the time the property was converted, the owner didn’t need planning permission so there was nothing the Council could do at the time. If they changed from C3 to C4 after 2020 they would need planning permission and it would have to be assessed. In terms of parking the requirement was 0.5 spaces per bedroom, not people. Ripon Road would require 3 spaces and York Road would require 4 spaces. Environmental Health would look at the number of occupants, not planners.

A Member asked why planning law couldn’t be applied retrospectively. It was advised that when the properties were converted there was nothing that  ...  view the full minutes text for item 9