Houses in Multiple Occupation in Bath - Supplementary Planning Document Adopted July 2013
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Houses in Multiple Occupation in Bath Supplementary Planning Document Adopted July 2013
3
1.0
Contents Introduction
For more information on Houses in 1.0 Introduction 3 1.1 1.2 1.3
Multiple Occupation in Bath please Purpose Scope Policy Context
1.1 Purpose 3
contact the Planning Policy team at:
This Supplementary Planning A Supplementary Planning Document National Local
planning_policy@bathnes.gov.uk 1.2 Scope 3
Document (SPD) accompanies (SPD) is intended to expand policy The National Planning Policy This SPD supplements Local Plan
This document can also be viewed on 1.3 Policy Context 3 saved policy HG.12 from the Local or provide further detail supporting Framework sets out a need to provide Saved Policy HG.12, which is set out
our website: www.bathnes.gov.uk/hmo Plan and sets out Bath & North East policies in the Development Plan. It a mix of housing supply to provide for below. Also of relevance are Draft Core
2.0 Background 5
Somerset Council’s approach to does not have Development Plan current and future generations and to Strategy Policies CP10 (Housing Mix),
Houses in Multiple Occupation in Bath
2.1 What is an HMO? 5 the distribution and dispersal of status, but it will be accorded “create sustainable, inclusive and B1 (Bath Spatial Strategy) and B5
can be made available in a range of
Houses in Multiple Occupation. significant weight as a material mixed communities”. (Strategic Policy for Bath’s
languages, large print, Braille, on tape, 2.2 Context 5
planning consideration in the Universities).
electronic and accessible formats by It aims to encourage a sustainable
3.0 Policy 7 determination of planning applications.
contacting Planning Policy on: community in Bath, by encouraging
The provisions of any SPD cannot,
Telephone: 01225 477548 4.0 Threshold Assessment for Applications 8 an appropriately balanced housing
therefore, be regarded as prescriptive Policy HG.12
Fax: 01225 394199 mix across Bath, supporting a wide
4.1 Stage 1 8 but they can provide a powerful Development for the use of buildings iii) is not detrimental to the
variety of households in all areas.
Photographs courtesy indicative tool in the interpretation for residential purposes within residential amenities of
4.2 Stage 2 10
of Jonathan Pilbeam and The SPD does this by setting out and application of policy. the ambit of Policies HG.4 and 6 future occupants; and
Jordan Green (August 2012) 5.0 Monitoring 11 criteria for assessing planning involving the sub-division of existing iv) does not result in the loss of
This document does this by setting
applications required by the dwellings, conversion of non- existing accommodation which,
Design by SteersMcGillanEves 6.0 Submission Requirements for Applicants 11 out key decision making criteria
introduction of an Article 4 residential buildings, the re-use either by itself or together with
www.steersmcgillaneves.co.uk for determining the following
7.0 Other Considerations 11 Direction for the change of use of buildings for multiple occupation other existing or proposed
types of planning application:
from Family Homes (Use Class C3) in the form of non self contained dwellings in the locality, would
to Houses in Multiple Occupation •A pplications for a change of use accommodation or re-use of existing have a detrimental effect on the
(Use Classes C4 of Sui Generis) across from a C3 (dwellinghouse) to C4 empty dwellings will be permitted mix of size, type and affordability
the entire City of Bath. HMO where permitted development provided that it: of accommodation available
rights have been withdrawn via an
It is important to note that planning i) is compatible with the character in the locality.
Article 4 Direction covering the
applications are assessed against entire City of Bath (see map 1) and amenities of adjacent Development of commercial
national and local planning policy established uses, taking into premises which prejudice suitable
•A pplications for change of use
and all other material considerations. account the development itself opportunities for re-use of upper
to large HMOs of more than
Requiring an application to be together with any recent or floors for residential accommodation
6 people, where there is a material
submitted does not mean that proposed similar development; will not be permitted.
change of use
all will be refused; rather it allows ii) does not seriously injure the
the Council to assess each case •A pplications for new purpose
amenities of adjoining residents
against agreed criteria before built HMOs.
through loss of privacy and visual
making a decision. and noise intrusion; Map 1 Legend 5
Coverage of the Article 4
Administrative boundary
Direction is the entire City of Bath
for the City of Bath
2.0
Background
2.1 2.2
What is an HMO? Context
Houses in Multiple Occupation And the households comprise: In accordance with Circular 08/2010: The private rented housing market in
(HMOs) can be defined as houses with Changes to Planning Regulations for Bath is complex, and there is a diverse
• families (including single persons
three or more people from two or Dwellinghouses and Houses in Multiple demand for flexible housing. HMOs are
and co-habiting couples (whether
more families living together in a Occupation, properties that contain occupied by a wide range of groups
or not of the opposite sex); or
residence. the owner-occupier and up to two including young professionals, students,
• any other relationship that may lodgers do not constitute HMOs. To immigrants, asylum seekers, those on
Under the Housing Act 2004 1
be prescribed by regulations, such classify as an HMO, a property does housing benefit and contract workers.
a House in Multiple Occupation
as domestic staff or fostering or not need to be converted or adapted HMOs therefore have an important
(HMO) is defined as a building
carer arrangements. in any way. role to play in Bath’s economy.
or part of a building (e.g. a flat):
HMOs have traditionally been
•w hich is occupied by more than one In 2010, the legislative planning Flow chart 1 overleaf, sets out the
more concentrated in certain
household and in which more than framework for Houses in Multiple process for determining whether or
areas of the city, particularly
one household shares an amenity Occupation (HMOs) changed not your house qualifies as an HMO.
in the wards of Oldfield,
(or the building lacks an amenity) significantly with the introduction
Westmoreland and Widcombe.
such as a bathroom, toilet or of a new planning Use Class (C4);
cooking facilities; or, an HMO with between three and six The combination of an Article 4
people. This change aligns the Use Direction and this SPD will manage
•w hich is occupied by more than one
Classes Order with the definition of a the future growth and distribution of
household and which is a converted
HMO within the Housing Act 2004. HMOs across the City, with the aim of
building which does not entirely
creating more balanced communities.
comprise self-contained flats
(whether or not there is also a
sharing or lack of amenities); or
•w hich comprises entirely of
converted self-contained flats and
the standard of conversion does not
meet, at a minimum, that required
by the 1991 Building Regulation and
more than one third of the flats are
occupied under short tenancies.
Maps are reproduced from the Ordinance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office 1 Housing Act 2004, Part 254,
© Crown copyright and may lead to prosecution or civic proceedings. Licence number 100023334 http://www.legislation.gov.uk/ukpga/2004/34/section/2546 Flow Chart 1 7
Do you live in an HMO?
This is a guide only. For a legal definition of HMOs,
please refer to the Housing Act 2004 and the
Communities and Local Government Circular 08/2010.
Do you live with 2 or
more other people? 3.0
Supplementary Policy
A threshold of 25% has been The Stage 2 test ensures a fair These data sets will be used to
Yes No Applications for the change of
proposed, based on a number of policy across the city, ensuring that calculate the proportion of HMOs
use from C3 dwellings to C4 or
factors including local evidence (such the application site forms the centre as a percentage of all households.
sui generis (Houses in Multiple
as the statistics below), a consideration point. A 100m radius has been set, It is considered that these sources will
Occupancy) or the development
of the suitability of the housing stock which represents approximately provide the best approach to identifying
This is not an HMO of new houses as C4 dwellings or
Are any members of the household related? and public transport corridors and a two minute walk, or your the numbers and location of HMOs
sui generis (HMOs) will not be
(inc. co-habiting couples) existing levels of HMOs. The 25% immediate neighbourhood. in an area, although it is accepted that
permitted where;
threshold also reflects the key it may not be possible to identify all
The following data will be used to
Stage 1 Test: The application geographical areas of residents properties of this type. The data will be
map the areas with over 25% HMOs:
property is within or less than 50 concern with HMOs. analysed to avoid double counting, for
metres from a Census Output Area • licensed HMOs – records from the example, identifying where a property
Yes No
in which HMO properties represent Council’s Housing team of those may be listed as a licensed HMO and
Key Facts and Figures properties requiring an HMO licence
more than 25% of households; and have sui generis HMO planning consent.
Private rented properties will be utilised. This will cover both
Stage 2 Test: HMO properties mandatory (those properties that Data will be updated on a twice yearly
in B&NES 18%
represent more than 25% of are three storeys or over and are basis (on 1st December and 1st July
households within a 100 metre Proportion of Bath’s occupied by five or more persons) each year) to ensure that changes of
Are there 3 or more Are there any other exemptions? radius of the application property. population who are students 18% and additional licensing; over time are captured and that the
lodgers or families (is it a religious community?; is your main residence latest data can be used in determining
living together? elsewhere (if you are a full-time student, where you HMOs will be defined as falling Proportion of Bath’s student •p roperties benefiting from C4 or sui
a planning application. Applicants will
study is considered you main residence)?; is the within one or more of the population not in halls 13% generis HMO planning consent – in
owner or manager is an educational institution?; is need to take account of the current
following categories: addition to those properties already
the property is part of a guest house or hotel?) map on the date that their application
• Recorded on B&NES Housing team’s identified as having HMO permission,
Students make up one part of the is registered. A map displaying the
database as a licensed HMO. where planning permission is given
HMO population in Bath and the most recent data will be made publicly
for a change of use to C4 HMO or
• A property benefiting from C4 or threshold set needs to account for available.
a certificate of lawful development
sui generis HMO planning consent this population plus others (which the
issued for existing HMOs this will be Larger Houses in Multiple
• Any other properties held Council have less reliable statistics on).
recorded in the future to build up a Occupation
on B&NES Housing team’s The Stage 1 test ensures that potential clearer picture of HMO properties; An increase in the number of
Yes No Yes No
database as HMOs. applicants are given an early indication occupants of a dwelling house above
• Council tax exempt student properties
• Council tax exempt student of whether their application is likely six people is identified as a change of
•p roperties known to the Council to
properties to be successful, without the use as defined by the Use Class Order;
be HMOs – this can be established
This is an HMO This is not an HMO This is not an HMO This is an HMO need for more detailed analysis. therefore it is likely that planning
through site visits undertaken by
permission will be required.
the Council’s Housing or Planning
Enforcement team in response to
complaints for example.A3
°
16/08/2012 13:48:52
! Legend
8 Map 2 Example property
Legend 9
Stage 1 Example Assessment Map (July 2013) COAs with >25% HMO
Areas
(inc with over
50m bufffer) 25% HMOs
City wide mapping for Stage 1 assessments will updated 50m buffer
on a twice yearly basis and will be made available online
www.bathnes.gov.uk/hmo
4.0
Threshold Assessment for Planning Applications
Map 2a
4.1 Close up inset to show how
Stage 1 Map 2 is made up of the
Super Output Area plus a 50m
This first stage will simply assess The HMO density map will show which This can be seen to represent a buffer. Example properties
whether or not the application is Census Output Areas (COA) across “home-patch” as defined in Shaping both within the red areas on
within any of the areas identified on the City are currently at or above the Neighbourhoods: A guide for health, Map 2 are shown in blue.
the publicly available HMO density 25% threshold. A COA includes an sustainability and vitality (Barton et
A3
A3
map. As the map is updated on a average of approximately 125 al, 2003). In order to ensure that
twice yearly basis, the latest map
on the date of validation of the
households and is defined by the
Office for National Statistics (ONS).
properties that may be surrounded
by a high concentration of HMOs
°
! Inset Legend
© Crown copyright and database rights
2012 Ordnance Survey 100023334
Legend
Legend
Example properties Example
Example
application will be used for analysis. (but that lie just outside the relevant P0 2012-08-15 JE AC WD
COAs wit
wit
Census Output Area) are not excluded Issue Date COAs with >25% HMO
By Chkd Appd
COAs
(inc 50m
50m
(inc
from the assessment, a buffer of 50m
50m buffer
Metres
50m
50m buffe
buffe
has been applied to the COAs with 0 12.5 25 50
over 25% HMOs, an example can
be seen in map 2. A3
°
! Legend
Example property
COAs with >25% H
(inc 50m bufffer)
Flow Chart 2 63 St Thomas Street
Bristol, BS1 6JZ United Kingdom
50m buffer
The threshold assessment that will form the basis for Tel +44 (0)117 976 5432 Fax +44 (0)117 976 5433
www.arup.com
planning decisions in Bath is set out in this flowchart Client
Stage 2: Is the B&NES
threshold above 25% in Minded to refuse,
Yes Yes100m
the immediate Yes unless there are other Job Title
around the property? material considerations
© Crown copyright and database rights
2012 Ordnance Survey 100023334
B&NES Article 4 HMO Study P0 2012-08-15 JE AC
See map 3. - Stage 2 Issue Date By Chkd
Stage 1: Is the 0 12.5
Metres
25
planning application © Crown
©
©
Crown copyright
Crown
2012
2012
copyright and
copyright
Ordnance
Ordnance
and database
database
and database
Survey
Survey 1000233
1000233
Example Properties within 2012 Ordnance Survey 1000233
within the areas over COAs >25% HMO
63 St Thomas Street
Minded to approve,
Bristol, BS1 6JZ United Kingdom
Tel +44 (0)117 976 5432 Fax +44 (0)117 976 54
www.arup.com
25%? See map 2. P0
Client
2012-08-15 JE
No unless there are other
B&NES
P0 2012-08-15 JE
material considerations
Job Title
Minded to approve, Scale at A3
Issue
Issue
Date
B&NES
Date
- Stage 2
By
Article 4 HMO Study
By
1:1,000
No unless there are other Me
Example Properties Me
COAs >25% HMO Me
with
material considerations
Job No Drawing Status 0
0 12.5
12.5 2
2
0 12.5 2
218116-00 Preliminary Scale at A3
1:1,000
Job No Drawing Status
Drawing No Issue 218116-00 Preliminary
Map 2 P0
Drawing No
Map 2
MXD Location
MXD Location © Arup
Maps are reproduced from the Ordinance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office
© Crown copyright and may lead to prosecution or civic proceedings. Licence number 100023334 63 St Thomas Street
63 St Thomas Street
Bristol, BS1 6JZ United Kingdo
Bristol, BS1 6JZ United Kingdo
Tel +44 (0)117 976 5432 Fax +
Tel +44 (0)117 976 5432 Fax +
www.arup.com
www.arup.com10 11
4.0 5.0 6.0 7.0
Threshold Assessment for Planning Applications Monitoring Submission Requirements for Applicants Other considerations
4.2 Changes in HMO numbers will be The Local Planning Authority is not • Waste and recycling The Council also operates licencing
Stage 2 continually monitored and maps currently able to charge a planning • Bicycle parking schemes for HMOs in Bath. In
will be updated on a twice yearly basis application fee for a change of use addition to the current Mandatory
A Stage 2 assessment will only • Room size and layout
A3
(on 1st of July and 1st December each application from a Dwellinghouse HMO licensing, the Council is
be undertaken where a Stage 1
°
16/08/2012 13:49:07
! Legend
year), which will identify any changes (C3) to a House in Multiple Occupation • External amenity space current considering introducing
assessment has shown that the Example property in the HMO density in “hot-spot” (c4). For a change of use application • Drying space an Additional Licensing scheme
application property is within Included properties areas (as defined in Stage 1). the normal 8 week determination for HMOs with shared facilities, in
a Census Output Area (COA) In some cases specific additional
100m buffer period will apply, and the following and around the wards of Oldfield,
or its buffer that has over 25% A key aspect of monitoring will requirements may be triggered as a
will be required: Westmoreland and Widcombe.
density of HMOs. be to look at possible displacement result of assessing your application.
effects within or beyond the Article • Application Form For more informaton, see
The 100m radius of the application NB Where building work and/or
4 area. It is possible, that there will • Block plan of the site (e.g. at a www.bathnes.gov.uk/hmo
property is calculated using a buffer development that requires planning
be some be displacement to other scale of 1:100 or 1:200) showing
zone surrounding the application permission is also proposed to be
parts of the city of Bath. any site boundaries and any car
property from a central point in the undertaken, normal submission
property, as defined by the Local parking (if on site) requirements for a planning
Land and Property Gazeteer (LLPG). • Design and Access Statement application apply and a standard
For properties on the edge of the 100 fee will be charged.
Within the Design and Access
metre radius buffer zone; they will be © Crown copyright and database rights
Statement, in addition to requirements For more detail about submitting
included only if their central point (as
2012 Ordnance Survey 100023334
set out elsewhere, we would expect planning applications see our website
defined by LLPG) is within the buffer P0 2012-08-15 JE AC WD
the applicant to cover www.bathnes.gov.uk
zone. This is demonstrated in map 3. Issue Date By Chkd Appd
Metres
0 12.5 25 50
Map 3 63 St Thomas Street
Stage 2 Example Assessment
Bristol, BS1 6JZ United Kingdom
Tel +44 (0)117 976 5432 Fax +44 (0)117 976 5433
www.arup.com
Client
B&NES
13:49:07
13:49:07
Legend
Legend
13:49:07
Legend
16/08/2012
16/08/2012
Job Title
16/08/2012
Example property Example property
Example property
Example property
B&NES Article 4 HMO Study
- Stage 2
Included properties Included
Included properties
properties
Included properties
Example Property with
100m
100m buffer
buffer 100m buffer applied
100m buffer 100m buffer
Scale at A3
1:1,000
Maps are reproduced from the Ordinance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office Job No Drawing Status
© Crown copyright and may lead to prosecution or civic proceedings. Licence number 100023334 218116-00 Preliminary
Drawing No Issue
Map 3 P0You can also read
