Purpose

To provide the final report from the consultants ORS on the consultation exercise on the introduction of Selective and Additional Licensing and to update Members on the current progress toward introducing licensing by September 2023

Decision

RESOLVED:

A. Following review of the consultation responses, Cabinet Designated (Confirm) Selective Licensing for the following 4 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; with proposed Go Live in Sept 23

B. Following review of the consultation responses, Cabinet Designated (Confirm) Additional Licensing for the following 7 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields, with proposed ‘Go Live’ in September 2023

C. Cabinet approved the Selective and Additional Licensing Fees as set out in Appendix D

D. That Cabinet Delegated Authority to the Executive Director of Housing and Sustainable Development, and the Executive Director of Environment, Civic Pride, and Climate, in consultation with the Cabinet Member for Housing and Sustainable Development to increase the Licence Fees should this be required following the annual review of fees to ensure that costs are being covered

E. Cabinet noted that following Confirmation at Council in April 2023, the Article 4 Direction has now been made permanent in the 7 wards: Figge’s Marsh; Graveney; Longthornton; Pollards Hill; Colliers Wood; Cricket Green and Lavender Fields.

F. That Cabinet noted that the timescale for the risk of Legal Challenge to the Article 4 Direction has now passed but there is still a risk of Legal Challenge to the introduction of Selective and Additional Licensing for 3 months from Designation

G. Cabinet noted that the Secretary of State has considered the evidence provided by the Council for the Article 4 Direction and has confirmed they will not be intervening

H. Cabinet noted that there is an ongoing risk of compensation claims being submitted for any small HMOs (6 person and under) that relied on the permitted development rights that have been removed in the 7 wards, and note that claims are only valid if a planning application is submitted within 12 months from the introduction of the Immediate Article 4 (17th November 2022) and then subsequently refused; or if additional Planning Conditions are applied that reduce the development’s value

I. Cabinet noted the update on the Article 4 Direction and the Empty Homes Project