Agenda item

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

            The Committee was advised that the property had had the benefit of an HMO licence issued by the Housing Executive, which had expired on 13th June, 2022.  Reminder letters had been sent to the licence holder on 19th January, 2022, and 18th May, 2022, informing them of the need to renew the HMO licence before the expiry of the existing licence.  On 19th May, 2022, an HMO licence application was received to renew the licence.  The NIHMO Unit ceased to consider the application as the owner had failed to comply with Regulation 2 of the Houses in Multiple Occupation (Notice of Application) Regulations (Northern Ireland) 2019, which required them within seven days of submitting the application, they must have published information of the application in one or more newspapers circulating in the locality of the HMO and have provided a copy to the NIHMO Unit.   A reminder to do so had been sent to the applicant.

            The Members were advised that, on 10th August, 2022, an incomplete application for a Temporary Exemption Notice “TEN” was received and subsequently refused.  A subsequent TEN application was received and approved, with an extension, but that had expired on 25th January 2023.

            On 5th December, 2022, an HMO licence application was received from the owner, which was rejected on 15th December, 2022 for breach of planning control.  A further licence application was received on 12th December, 2023.

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 of Development “CLEUD” was granted on 3^rd February, 2023.

It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to 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 under 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) “2/02 Atlantic” 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 Council in its consideration of the above provisions, the Council had taken account of the 2023 Strategy given that “Nurturing sustainable and balanced communities was a fundamental aim of the LDP’s housing policies.”  In particular, the Council had considered Policy HOU10, which stated:

“Within designated HMAs, planning permission will only be granted for Houses in Multiple Occupation (HMOs) and/or flats/apartments where the total number of HMOs and flats/apartments combined would not as a result exceed 20% of all dwelling units within an HMA.”

The Committee was advised that, on the date of assessment, 28^th May 2024, 60% of all dwelling units in policy area HMA 2/02 Atlantic were made up of HMOs and flats/apartments, which in turn exceeded the 20% development limit as set out in Policy HOU10.  There were 2 (1%) licensed HMOs with a capacity of 10 persons in that HMA.

It was outlined that there were a total of 161 dwelling units in HMA 2/02.  The Committee was advised that the fact that the use of the property as an HMO was permitted for planning purposes was arelevant consideration in determining whether the granting of the licence would result inoverprovision. 

The Houses in Multiple Occupation Manager reminded the Committee that there was a need for intensive forms of housing and, to meet that demand, HMOs were an important component of the housing provision. HMOs, alongside other accommodation options within the private rented sector, played an important role in meeting the housing needs of people who were single, who had temporary employment, students, low income households and, more recently, migrant workers and asylum seekers.

TheHouses in Multiple Occupation Manager explained that, in assessing the number and capacity of licensed HMOs, as well as the need for HMO accommodation in the locality, officers could not be satisfied that the granting of the HMO licence would not result in overprovision of HMO accommodation in the locality of the accommodation for the purpose of section 8(2)(d) of the 2016 Act.

The Committee was advised that no objections had been received in relation to the application.  It was also reported that the accommodation had been inspected by a technical officer from the NIHMO service, on 26th February, 2024, during which it was established that the rear return bedroom window was below the minimum 6.5m² requirement.

On 29th May, 2024, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, officers had issued a Notice of Proposed Decision to the Applicant advising that it was proposing to refuse the licence on the grounds of overprovision.  The Members were advised that a response had not been received from the applicant.

            The Chairperson welcomed Mr. and Mrs. Carragher, applicants, to the meeting.  Together they outlined that while they had initially let the property out through a letting agent that they had now taken it over personally.  They explained that they had spent a lot of money on the HMO fees.  They also outlined that they had not been warned about the overprovision criteria but that they felt that the demand for HMO accommodation was in the area.

Moved by Councillor Doran,

Seconded by Councillor Bradley and

      Resolved – that the Committee agrees to refuse the application as, in accordance with Section 12 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, it was satisfied that the granting of the HMO licence would result in overprovision of HMO accommodation in the locality of the accommodation, as determined under section 8(2)(d) of the Act.