Content

Salford
City Council - Record of Decision (CABINET)
 
I, Paul Dennett, City Mayor,
in consultation with the Cabinet and in exercise of
the powers contained within the City Council constitution do hereby:
 
Confirm the Article 4
Direction made on 25 October 2023 so that it will come into effect
on 17 November 2024, therefore removing permitted development
rights for the change of use from Use Class C3 dwellinghouses to
Use Class C4 small Houses in Multiple Occupation in the following
locations:
 
·        
The whole Wards of Little Hulton, Swinton and
Wardley, Walkden North, Walkden South, Worsley and Westwood Park;
and
·        
Those parts of the Wards of Barton and Winton,
Pendlebury and Clifton, and Swinton Park that are not within the
boundary of the small HMO Article 4 Direction that came into force
in November 2018.
 
The Reasons arethat having regard to the
evidence prepared by the city council justifying the introduction
of the Article 4 Direction, and given that that objections are not
considered sufficient to warrant amending it, the Article 4
Direction that was made on 25 October 2023 should be made without
amendment. Confirmation of the direction means it will
automatically come into effect on 17 November 2024, and from this
date planning permission will be required for the change of use
from a Class C3 dwellinghouse to a Class C4 small HMO in the parts
of the city covered by the Direction.
 
An option considered and
rejected was to not confirm the
Article 4 direction. This was rejected as it would mean that
planning permission would not be required in large parts of the
city for the change of use of dwellinghouses to small HMOs. The
council’s evidence shows that this would be harmful to the
amenity and well-being of local areas.
Assessment of Risk is
low.
Should the Article 4
Direction be confirmed, a fee will be charged for planning
applications arising from its introduction. There is however a risk
that local communities will expect all such applications to be
refused, and that issues around HMOs are dispersed to other parts
of the city where there is no small HMO Article 4 Direction in
place.
 
The Secretary of State
has to be notified of the confirmation of the Article 4 Direction.
The government’s planning practice guidance states that the
Secretary of State has the power to modify or cancel Article 4
Directions at any time and so there is a risk associated with this.
However, the guidance is clear that the Secretary of State will not
use their powers unless there are clear reasons why intervention at
this level is necessary.  Beyond
requesting a copy of the Council’s justification for the
Article 4 Direction, the Secretary of State has not contacted the
Council further following the making of the Article 4
Direction.
 
The source of funding associated with the confirmation of the Article 4 Direction is
from existing
budgets.
 
Legal Advice obtained from: Justin
Hobson, Shared Legal Service
 
The full legal implications of confirming the
Article 4 Direction are set out in the body of the Cabinet
report.
 
Financial Advice obtained from: Martin
Anglesey, Accountant
 
Printing / postage costs will be minimal
– approximately £100, as most communication is sent via
email.
 
Householder/Landowner requests to convert from
Class C3 dwellinghouses to class C4 HMOs would require them to
submit planning applications. The current relevant (2023/24) fee is
£578. It is estimated that the Council would receive around
40 extra annual applications resulting from the Article 4
Direction, thus realising approximately £23,000 income per
annum.
 
Procurement Advice obtained:
Not applicable
 
·        

Report to Cabinet and additional
documents (item 5) - 10 October
2023
 
 
Contact Officers:
James
Shuttleworth: 0161 925 2307
Matt
Doherty: Tel No: 0161 793 2304
 

*          
This document records a key decision, but the matter was not
           
included in the Council's Forward Plan and it has been dealt with
           
under the emergency procedure.

*          
This decision is urgent and is not subject to call-in, in
accordance with             
the Decision Making Procedure Rules

*          
The appropriate scrutiny committee to call-in the decision is the
Growth and Prosperity Scrutiny
Panel.

 

 

Signed:
         Paul
Dennett                   
  Dated: 17.06.24
City
Mayor – Paul Dennett
 

FOR DEMOCRATIC
SERVICES USE ONLY

 

*          
This decision was published on 17.06.24                                             
.

*          
This decision will come in force at 4.00 p.m. on
24.06.24                                   
    unless it is called-in in accordance with the
Decision Making Process Rules.