Agenda and minutes

            No apologies were reported.

            The minutes of the meeting of 16th October, 2024 were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 4th November, 2024, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

No declarations of interest were recorded.

The Committee agreed to meet on the following dates from January to December 2025, with all meetings to commence at 5.15pm:

·        Wednesday, 22nd January

·        Wednesday, 19th February

·        Wednesday, 19th March

·        Wednesday, 16th April

·        Wednesday, 21st May

·        Wednesday, 18th June

·        Wednesday, 20th August

·        Wednesday, 17th September

·        Wednesday, 15th October

·        Wednesday, 19th November

·        Wednesday, 10th December

            The Director of Planning and Building Control provided the Committee with the responses which had been received from the Minister for the Economy and Tourism NI regarding the regulation of short term lets, such as Airbnbs, in Northern Ireland.

            She explained that both responses had made reference to engagement with the Council through the Development Plan Working Group. The Members were advised that the next meeting of the Working Group was scheduled to take place on 12th December, 2024 and that the Acting Planning Manager (Plans and Policy) would be attending on behalf of the Council.  The Committee was assured that the officers who were working on the Local Development Plan were acutely aware of the issues which had been raised by the Committee, including anti-social behaviour and rises in rent costs and house prices, and they would ensure that those views were represented at the Working Group meeting.

            A Member welcomed the responses and the update which had been provided and asked that the Committee would continue to be kept informed of any developments.

            The Committee noted the update.

            The information contained in the reports associated with the following item is restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

      Resolved – That the Committee agrees to exclude the members of the press and public from the meeting during discussion of the following three items as, due to the nature of the items, there would be a disclosure of exempt information as described in Section 42(4) and Schedule 6 of the Local Government Act (Northern Ireland) 2014.

            The Members were also reminded that the content of ‘restricted’ reports and any discussion which took place during closed session must be treated as ‘confidential information’ and that no such information should be disclosed to the public as per Paragraph 4.15 of the Code of Conduct.  

            The City Solicitor provided the Committee with an update on the outcome of recent judicial review proceedings in relation to Change of Ownership applications.

            After discussion, the Committee:

·        noted the update on the outcome of the legal proceedings;

·        agreed to hold a Workshop on HMO applications, specifically in relation to where a change or transfer of ownership of a property had occurred, with Senior Counsel invited to attend; and

·        that a synopsis of the issues be provided to the Committee in advance of the Workshop.

The Committee noted a list of applications for licences which had, since its last meeting, been approved under the Council’s Scheme of Delegation.

The Committee noted a list of applications which had been approved under the Council’s Scheme of Delegation during August, September and October, 2024.

The Houses in Multiple Occupation (HMO) Manageroutlined the details of the application to the Committee. 

He explained that the property had had the benefit of an HMO licence issued by the Council on 11th May, 2020, to Mr. H. Curran and Ms. B. Mulholland, with an expiry date of 11th May, 2025.  In February 2021, the ownership of the property had been transferred to Torrbeg Properties Limited and, in accordance with Section 28 (2) of the Houses in Multiple Occupation Act (NI) 2016, the existing license ceased to have effect on the date of transfer.  The NIHMO Unit had not been informed of the change of ownership at that time.  An application for a new HMO licence was received from Torrbeg properties Limited on 2nd August, 2024.

TheHMO Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was satisfied that:

a)     the occupation of the living accommodation as an HMO would not constitute a breach of planning control;

b)     the owner, and any managing agent of it, were fit and proper persons;

c)     the proposed management arrangements were satisfactory;

d)     the granting of the licence would not result in overprovision of HMOs in the locality;

e)     the living accommodation was fit for human habitation and—

                                                   i.          was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                                 ii.          could be made so suitable by including conditions in the licence.

The Committee was advised that, as it was a new application, the Council’s Planning Service was consulted. It had confirmed that a Certificate of Lawful Existing Use or Development (“CLEUD”) was granted on 17th January, 2020.

It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to nighttime and daytimenoise; the Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years.  The applicant had confirmed that they had not been convicted of any relevant offences pursuant to the 2016 Act.

For the purpose of Section 12(2) of the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/17 Sandymount” as defined in the document Council’s Local Development Plan Strategy, which was formally adopted on 2nd May, 2023.  It was reported that Legal Services had advised that there was a clear requirement in section 8 of the 2016 Act upon the Council to be satisfied that the granting of a licence would not result in overprovision.

The officers had had regard to:

a)     the number and capacity of licensed HMOs in the locality; and

b)     the need for housing accommodation in the locality and the extent to which HMO accommodation was required to meet that need.

To inform the  ...  view the full minutes text for item 8c

            The HMO Manager advised the Committee that correspondence had been received from the applicant requesting a deferral of the application to a future meeting.

            The Committee agreed to defer consideration of the application to a future meeting, noting that the applicant had consented to an extension of time application to the Court, should it be required.

The Houses in Multiple Occupation (HMO) Manageroutlined the details of the application to the Committee. 

He explained that the property had had the benefit of an HMO licence issued by the Housing Executive, in the name of Mr. John Macauley, with an expiry date of 2nd June, 2019.  On 19th April, 2019, an application was received in the name of Ms. Mary Macauley, which was subsequently granted with an expiry date of 2nd June, 2024.

On 8th May, 2024, an application was received from Mr. John Macauley.  On 16th May, 2024, the HMO office had requested confirmation of ownership from Mr. Macauley and on 21st May, 2024, confirmation was received from his solicitor that he had been the sole owner of the accommodation since 29th July, 2005.

The Committee was advised that Section 8 of the Houses in Multiple Occupation Act (NI) 2016 required an application for an HMO Licence to be made to the Council by the owner of the living accommodation in question, as the application submitted on 19th April, 2019, was not in the name of the owner, the provisions of Section 8 were not fulfilled.  As such, the Council was therefore obligated to consider the application submitted by Mr. Macauley on 16th May, 2024, as a new application.

TheHMO Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was satisfied that:

a)     the occupation of the living accommodation as an HMO would not constitute a breach of planning control;

b)     the owner, and any managing agent of it, were fit and proper persons;

c)     the proposed management arrangements were satisfactory;

d)     the granting of the licence would not result in overprovision of HMOs in the locality;

e)     the living accommodation was fit for human habitation and—

                                                   i.          was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                                 ii.          could be made so suitable by including conditions in the licence.

The Committee was advised that, as it was a new application, the Council’s Planning Service was consulted. It had confirmed that a Certificate of Lawful Existing Use or Development (“CLEUD”) was granted on 9th September, 2019.

It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to nighttime and daytimenoise; the Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years.  The applicant had confirmed that they had not been convicted of any relevant offences pursuant to the 2016 Act.

For the purpose of Section 12(2) of the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/22 Botanic, Holylands, Rugby” as defined in the document Council’s Local Development Plan Strategy, which was  ...  view the full minutes text for item 8e