Houses in Multiple Occupation: Approval

Rachel Maclean Excerpts

Tuesday 16th May 2023 Commons Chamber

[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.