Houses in Multiple Occupation: Approval
(12 months ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
Darren Henry (Broxtowe) (Con)
Thank you, Mr Deputy Speaker, for calling me to introduce this debate on the effect of houses in multiple occupation on communities, specifically Beeston in my constituency of Broxtowe.
HMOs, also known as shared houses, are properties that are rented out to multiple tenants who share communal facilities such as kitchens and bathrooms. Although HMOs provide a flexible and affordable housing option for many people, they can also have a significant impact on the feel and look of communities.
Beeston is the largest town in Broxtowe and sits just south-west of Nottingham. It has become a very multicultural town, which has brought new arts and cultures to the area. Beeston also has a long history of being a family-focused town. A local business owner who has lived in the town their whole life says Beeston
“was a town where everyone knew their neighbours and it held community at its heart.”
My constituent Pauline recently wrote to me to say that she felt as if Beeston had lost its identity, which is a feeling that I know is shared by many within the community. This is partly due to the location of Beeston, which hugs the campus of the University of Nottingham. Owing to this, Beeston has become home to a significant student population.
I make it clear that the student population has had an incredibly positive impact on Beeston. Features such as the new cinema complex and accompanying restaurants, including a delicious dessert bar, Rassam’s Creamery, might not be in Beeston without the student population. They bring revenue to local businesses, as well as support to our night-time economy. It is important that when looking at HMO regulations, we do not make houses unaffordable to students. However, a balance must be struck between the student population and local residents, who are often losing out on resources and facilities in order for further HMOs to be created. That is not fair on those families who have resided in Beeston, often for generations.
One of the most significant effects of HMOs is their impact on the availability and affordability of housing for families and individuals. In areas where HMOs are prevalent, such as Beeston, there can be a shortage of family homes and rental properties, leading to higher rents and a lack of available housing for those in need. I received an email today from Alistair, a resident in Beeston, about many young families being priced out of Beeston because of landlords quickly securing properties to be used as student housing. He stated that it is causing Beeston to lose the lively vibe it has become known for. It is incredibly important that families who have lived in Beeston for many years, and even new families wanting to relocate, do not find themselves priced out of the area.
The concentration of HMOs in certain areas can lead to a transient population, with tenants coming and going quickly, resulting in a lack of stability and the sense of local community cohesion being broken. Further havoc can be caused when our communities of HMOs are not given thorough consideration before final approval. Recently, a construction company damaged a water main in Beeston while constructing a new HMO, leading to many houses being uninhabitable. Many groups and individuals in the community rallied around to assist the constituents there, and I would like to give a special thanks to those at Christ church in Chilwell for the help they gave. However, many families have been left without answers and indicate to me that no one, as of yet, has been held to account. I have written to the Secretary of State about that specific issue and await a response.
Another impact of HMOs is the strain that they can place on local infrastructure, such as waste management, parking and transportation.
Scott Benton (Blackpool South) (Ind)
HMOs are a significant concern in my constituency. For decades, we have seen former bed and breakfasts and hotels converted into HMOs, which means that an estimated 23,000 people across the town are now living in them. Time and again, residents speak to me about the problems that those HMOs sometimes create, such as the imbalance in communities or antisocial behaviour, an issue that is at the forefront of my inbox. Blackpool Council has introduced an article 4 direction to ensure that landlords keep on top of those antisocial behaviour issues and that the issue of absentee landlords is addressed. My main concern is my local authority’s ability to ensure that those regulations are followed through and people are held to account. Does my hon. Friend share my concern to ensure that when a local authority has those powers within the licensing system it should use them and hold landlords to account?
Darren Henry
I thank the hon. Gentleman for his intervention, as I completely agree with what he has to say. We need to be careful to ensure that local authorities can stop the proliferation of these HMOs if they negatively impact the communities they are supposed to serve.
HMOs create an increase in demand for services and facilities that were not designed to accommodate the larger number of people living in a single property. That can lead to an increase in litter, noise pollution and overcrowding on public transportation, as we have seen in Beeston. In essence, we must strike a balance between having HMOs and not losing our sense of community.
Sara Britcliffe (Hyndburn) (Con)
I thank my hon. Friend for bringing this issue before the House. We have a problem with it across Hyndburn and Haslingden, and I have raised it with the Department on numerous occasions to seek clarification on the planning law relating to HMOs. During the pandemic, companies bought up properties in low-value areas, which went unnoticed at that time, when all the systems were strained. That is one issue we are now dealing with because of what happened during the pandemic. Does he agree that one thing we need to maintain is a fair spread across the country, because the problem we see in east Lancashire, and Lancashire as a whole, is a build-up in certain towns and villages?
Darren Henry
I thank the hon. Lady for her question and, yes, I do agree with her. We certainly need local authorities to make sure that housing and HMOs are built in a fair way in keeping with the feel of the communities that they serve.
Broxtowe Borough Council introduced an article 4 direction in Beeston to slow the change taking place in the community. Prior to article 4, Beeston had been experiencing a rapid increase in the number of HMOs. HMOs are an important part of our housing mix in Broxtowe, but a sense of community cohesion can be lost when an area has an over-concentration of a single type of dwelling. This can include people not knowing their neighbours because of a constant turnover of occupiers, which, again, leads to that sense of a lack of community. It was therefore decided that the council needed the power to evaluate proposed conversions of dwelling houses into HMOs and the effect that those conversions would have on the local community. On the completion of a consultation, the boundaries for the protected area were drawn up, which covered large parts of Beeston and Beeston Rylands.
Although the initiative was well-meaning, it has failed in places to address the problem and that has had unintended consequences. As article 4 was not applied retrospectively to either the location of HMOs or their registration, vast amounts remain undetected by the council, leading to the possibility of conversions being allowed next to existing HMOs of which the council are not aware. On the introduction of article 4, landlords were required to sign only an affidavit stating that the house had previously been an HMO, thus allowing them to navigate around the article 4 planning permission even if not true. Fortunately, the council is now requiring proof of previous HMO status.
Due to the long period that it took for article 4 to be finally approved, developers had plenty of time to take advantage of the lack of restrictions, with only the warning that regulation was on its way. Many feel that irreversible change to Beeston’s community has indeed already taken place, rendering article 4 a moot point.
The other consequence is that developers are now looking further afield for new HMOs outside of the article 4 area, putting at risk the communities of other areas, including Chilwell, Attenborough, Trowell and Bramcote. This must be addressed, and we must look at planning regulation to ensure that the individual identities of these places are not compromised.
Small towns are being impacted by these decisions. HMOs are changing the nature of our communities. It would be unfair to say that all HMOs are having a negative impact and I would like to reiterate that our student population—[Interruption.]
Mr Deputy Speaker (Sir Roger Gale)
Order. I am sorry to have to interrupt the hon. Gentleman. Those on the Opposition Front Bench know the rules relating to the use of electronic devices in the Chamber. There is plenty of space outside the Chamber to do what the hon. Ladies are doing.
Darren Henry
I wish to reiterate that our student population has had, in my view, an overall positive impact in Beeston. Each HMO must be decided on by considering the street, town, neighbours, and sense of community. It is imperative that planning officers take into account the needs of local permanent residents while making plans for developments. There is a need for planning rules to be revised to ensure that HMOs are being approved by the local community for the local community. Will the Minister lay out for me today what the Government are doing to address the rising number of HMOs, and the impact that those HMOs are having on communities?
The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)
What a pleasure it is to see you in your place, Mr Deputy Speaker. I commend my hon. Friend the Member for Broxtowe (Darren Henry) for securing this important debate. It is also a pleasure to see my hon. Friends the Members for Blackpool South (Scott Benton) and for Hyndburn (Sara Britcliffe) in their places, representing their communities.
I hope my hon. Friend the Member for Broxtowe will appreciate that, due to my role within the planning system, I am not in a position to comment in detail on the merits of any specific planning applications or appeals. However, I hope he will find my explanation of what the Government are doing to put communities at the heart of decisions, and to tackle the impacts of HMOs on his community, helpful.
My hon. Friend is right to say that HMOs provide relatively low-cost accommodation for rent and can play an important part in the housing market. However, he also rightly highlights some concerns about what the concentration of HMOs can bring, particularly in residential areas, and how they can require control due to those impacts on local areas.
HMOs are required to meet certain standards and are subject to management regulations. Those regulations impose duties on managers of HMOs, including the duty to take safety measures, to supply and maintain gas and electricity and to have them tested, and to maintain common parts, fixtures and fittings. All local authorities are required to license HMOs with five or more people from two or more households when they share facilities such as a kitchen or a bathroom.
Through additional licensing, local authorities also have the power to require HMOs to be licensed when there are three or more unrelated people from two or more households sharing facilities. Local authorities also have strong powers to regulate standards in HMOs, including HMO licensing, penalties of up to £30,000 for breaches of the law, rent repayment orders and, for the worst offenders, banning orders.
My hon. Friend mentioned the role of the planning system. For smaller HMOs, national permitted development rights allow smaller homes to change to an HMO for up to six people without the need for a planning application. However, as he has highlighted in his area, local authorities can remove these rights by making an article 4 direction.
That power enables local authorities to protect important local areas where permitted development rights would have an adverse impact. Local authorities are required by law to publish a copy of the direction and to consult the community. The local planning authority then has a responsibility to decide whether to confirm the direction, taking into account any representations made during the consultation period by my hon. Friend’s constituents. The direction does not prevent development, but means that development cannot be carried out under the permitted development right; instead, it needs an application for planning permission, which means the local authority must consider the proposal in more detail.
Sara Britcliffe
I went back and forth with my local planning department on that question, because it did not understand the regulation properly—we are seeing HMOs grow rapidly in some areas, so it is quite new to people. Is there a case for my hon. Friend’s Department to write to authorities so that they know what powers they have when that becomes an issue in their own area?
Rachel Maclean
I thank my hon. Friend for sharing her experience. She will appreciate that I am not able to comment on a specific planning determination in her area, but she is right to highlight that local authorities do have those powers, and they are responsible for informing themselves and using the powers responsibly. I am happy to discuss with her outside this Chamber what further action we can take to assist her community.
I also heard my hon. Friend the Member for Broxtowe comment that, in his particular situation, he felt the article 4 direction was not having the effect it should. I have heard his concerns and I am happy to meet him, but I cannot stray into the territory of commenting on a particular planning determination, which is rightly not a matter for us to debate in this Chamber.
I will just say a couple of words about the planning application process. My hon. Friend did an excellent job of setting out the impact that HMOs have on a community that has long-established roots. I agree with him, of course, that students offer a huge amount of benefit to a local area, bringing income and bringing vibrancy, but that changes the character of an area, and in policy terms it is a question of balance and ensuring that everybody who lives in a community feels heard and represented.
Communities play a key role in the planning system. Local people need to believe that being involved is worthwhile to ensure that development is brought forward in a way that works best for them. Planning law requires local planning authorities to undertake a formal period of consultation for a period of no less than 21 days prior to deciding a planning application.
Mr Jonathan Lord (Woking) (Con)
May I very briefly bring to the Minister’s attention a case involving a semi-rural area with just six to eight houses? All of a sudden, one those houses became what was traditionally known as a halfway house—meaning a house for ex-offenders. There are more than six people there, and no licence was applied for. Surely that should not happen. The police have been called on many occasions because it appears that violent offenders are being housed there, causing great worry to the families in the surrounding six or eight houses. Surely a licence must be in place before somewhere becomes a halfway house.
Rachel Maclean
I thank my hon. Friend for bringing his residents’ concerns to the Floor of the House. Of course, he will appreciate that I am not able to comment on the specific circumstances surrounding that particular case, but I am more than happy to meet him outside the Chamber and look into the details of that.
I want to make the planning process clear to my hon. Friends. It is absolutely right that local residents are able to raise concerns in the process, and that those are taken into account, but every planning application is judged on its individual merits, and the weight given to those considerations is a matter for the local planning authority as the decision taker.
That brings me to the concerns that my hon. Friend the Member for Broxtowe raised about conditions and their enforcement. When planning permission is granted, the local authority has powers to impose conditions. It could, for example, require an applicant to complete a construction management plan. That would require the applicant to submit details on how they will minimise the impact of construction on local residents. He raised a very concerning experience of a burst water main. Clearly, the Government expect builders to act responsibly. There may well be some things on which we can provide him with more information, so I will ask my departmental officials to write to him on that particular concern.
If a development being carried out is not in accordance with planning conditions, the Government are clear that local planning authorities have a range of planning enforcement powers that they can and should use to tackle breaches of planning control. That enforcement is at their sole discretion; it is for them to decide what, if any, enforcement action to take depending on the particular circumstances of each case.
I will touch briefly on the role of the Levelling Up and Regeneration Bill. We are bringing forward ambitious and wide-ranging reforms through that Bill, which is currently before Parliament. There are many proposals that place communities front and centre of the planning system. We will increase and enhance the opportunities for involvement to ensure that development is brought forward in a way that works best for local people.
In conclusion, I once again thank my hon. Friend the Member for Broxtowe for a useful and constructive debate, and other hon. Friends for representing their constituents in their contributions. I hope that I have clearly set out the measures we have in place to enable local authorities to control HMOs in their areas, and the steps that the Government are taking to ensure that communities continue to have their say in development that affects them.
Question put and agreed to.