Content

Salford
City Council - Record of Decision (CABINET)
 
I, Tracy Kelly, Statutory
Deputy City Mayor, in consultation with the Cabinet and in
exercise of the powers contained within the City Council
constitution do
hereby:
 
i.       
Note that the reasons for the 2018 Article 4 Direction that removed
permitted development rights for the change of use from Use Class
C3 dwellinghouses to Use Class C4 Houses in Multiple Occupation
from 25 November 2018 in parts of Salford remain valid
 
ii.       
Note the document “Small Houses in Multiple Occupation:
Evidence to justify an additional Article 4 Direction”
 
iii.       
Approve the making of an additional Article 4 Direction to remove
permitted development rights for the change of use from Use Class
C3 dwellinghouses to Use Class C4 Houses in Multiple Occupation
in:
 
·        
The whole extent of the Wards of Little Hulton, Swinton and Wardley, Walkden North, Walkden
South, Worsley and Westwood Park; and
 
·        
The extent 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 on 25 November
2018.
 
The
Reasons arethat on balance the introduction of an additional
Article 4 Direction would be beneficial to communities in Salford;
it would not result in a blanket ban on the change of use of Use
Class C3 dwellinghouses to Use Class C4 HMOs. Rather it would allow
the city council to take into account issues such as the amenity of
existing residents and the well-being of areas by requiring
planning applications to be submitted for such changes of use. The
additional  Direction is not seeking to
limit the total number of HMOs, rather it is seeking to ensure that
there is not an over concentration of such uses in particular
areas.
 
An option considered and
rejected for the reasons set out above was to not introduce an additional Article 4 Direction.
Another option was to introduce the Direction to come into force
immediately; this was rejected as doing so would expose the city
council to compensation liability. Lastly there is insufficient
justification to apply the Direction to all those areas outside the
extent of the Article 4 Direction that came into force in November
2018.
Assessment of Risk is
low.
The level of risk is
considered to be low. There is a risk that local communities will
expect all small HMO planning applications to be refused in those
locations within the Article 4 Direction area, whilst issues around
HMOs could dispersed to other parts of the city where the Article 4
Direction does not apply. However, the city council will carefully
monitor the impact of the introduction of the additional Article 4
Direction.
 
The
source of funding to make the Article
4 Direction is from existing
budgets.
 
Legal Advice obtained from: Justin Hobson,
Shared Legal Service
 
Financial Advice obtained from: Martin
Anglesey
 
Procurement Advice obtained: Not
applicable
 
The following documents have
been used to assist the decision process:
 

·        
Small houses in multiple occupation: evidence to justify the
purpose and extent of an Article 4 Direction in Salford 
·        
Draft Article 4 Direction
·        
Draft Article 4 Direction notice
·        
Map showing area to which the Article 4 Direction applies
 
 
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:
     Councillor Tray
Kelly                           
       
Dated: 11.10.23
Statutory Deputy City Mayor
 

FOR DEMOCRATIC
SERVICES USE ONLY

 

*          
This decision was published on  11.10.23                                             
.

*          
This decision will come in force at 4.00 p.m. on
18.10.23                                    
   unless it is called-in in accordance with the
Decision Making Process Rules.