Consultation Statement - Managing the development of houses in multiple occupation Draft Supplementary Planning Document Reg. 13 Version August ...
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Managing the development of houses in multiple occupation Draft Supplementary Planning Document Reg. 13 Version (August 2020) Consultation Statement Published August 2020
Contents
1. Introduction .................................................................................................................................. 1
2. Who was consulted?..................................................................................................................... 1
3. Consultation methods used .......................................................................................................... 1
4. Summary of main issues raised and how they have been addressed .......................................... 2
Appendix A: List of organisations consulted ......................................................................................... 24
iii
1. Introduction
This Consultation Statement explains how Bristol City Council has sought public participation in the
preparation of Managing the development of houses in multiple occupation Supplementary Planning
Document. The approach set out in this document demonstrates compliance with the council’s
Statement of Community Involvement (November 2015) and is in accordance with the Town and
Country Planning (Local Planning) (England) Regulations 2012.
2. Who was consulted?
The following consultee groups were directly consulted:
Bristol Local Plan Stakeholder Contact List - 913 organisations and 1035 members of the public
consulted;
The West of England Landlord & Agent Panel - 4 local landlord associations consulted;
Bristol City Councillors - 70 Councillors consulted.
The full list of organisations and Councillors is set out at Appendix A.
3. Consultation methods used
Consultation document
In February 2020 the Council published the consultation document: Managing the development of
houses in multiple occupation: Draft Supplementary Planning Document (SPD). The document was
published as a full draft version of the proposed SPD.
Public Consultation on the draft SPD took place between 3 February 2020 and 20 March 2020 and
sought open comments on its overall content. The draft SPD was made available for inspection at
City Hall and placed on the Council’s web site.
Web site and other promotion
The draft SPD was promoted on the Council’s ‘Planning policy and guidance’ and ‘Consultation and
Engagement Hub’ web pages during the consultation period. A press release was also published on
the Council’s ‘Newsroom’ web page on 3 February 2020.
The draft SPD was also promoted through the Council’s ‘Ask Bristol’ email newsletter and the Spring
publication of ‘Landlord News’.
Presentation
A presentation was given to the Neighbourhood Planning Network on 14 January 2020 to explain the
content of the draft SPD.
14. Summary of main issues raised and how they have been addressed
A total of 78 responses were received on the content of the draft SPD.
The table below summarises the main issues raised by respondents relating to each section of the
draft SPD and how the issues have been addressed in the current consultation version (Regulation
13 Consultation). Individual issues may have been raised by more than one respondent and
individual respondents may have raised multiple issues.
Of the responses received 52 (67%) supported the draft SPD; 5 (6%) objected to the draft SPD; 19
(24%) neither supported nor objected to the draft SPD and 2 (3%) made no comment. The majority
of respondents acknowledged the harmful impacts caused by concentrations of HMOs and/or
identified harmful impacts in named residential areas.
Main issues raised How issues have been addressed
Response Changes to document
1. Introduction
1.1 Purpose and scope
Draft SPD should also address proposals for The draft SPD only provides Amendments made to section 1.1
purpose-built student accommodation. guidance on Local Plan policies Purpose and Scope to clarify
relevant to managing the scope of document.
Draft SPD should provide similar guidance on development of HMOs. This does
the sub-division of existing dwellings to flats. not include policy BCAP4:
Specialist student housing in
Clarify whether SPD will also provide guidance Bristol City Centre. Guidance on
on policy BCAP4: Specialist student housing in other forms of housing is not
Bristol City Centre. proposed at the current time.
Clarification has been provided.
SPD general approach is inflexible and will The draft SPD provides further No amendment made.
prevent/restrict the delivery of HMOs. guidance on existing Local Plan
Suggested consequences include: Increase in policies relating to HMOs. Policy
housing needs, reduced housing diversity, restrictions only apply where
reduced supply of low-cost and convenient harmful conditions
accommodation, increased overcrowding in /concentrations arise.
existing accommodation, increased
homelessness, reduced ability for companies Local Plan policies including the
to attract skilled young professionals to the draft SPD will only apply to
city, young professionals having to locate proposals requiring planning
further out of the city. permission. Small HMOs can be
developed under permitted
Restricting HMOs will have a greater impact on development rights across large
young people who are more dependent upon areas of the city.
this form of accommodation. Considered
unfair and discriminatory. Any potential impacts on
Protected Characteristics,
including young people, will be
considered under the Equalities
Impact Assessment screening
process.
SPD general approach should provide greater Local Plan policies relating to No amendment made.
emphasis on raising quality standards. A more HMOs seek to ensure a good
permissive approach subject to standard of accommodation. The
standards/requirements being met should be draft SPD provides detailed
considered. additional guidance on how
2Main issues raised How issues have been addressed
Response Changes to document
quality standards can be
achieved.
Draft SPD should be applied to retrospective All retrospective applications for No amendment made.
applications. HMOs must be determined in
accordance with relevant Local
Plan policies supported by
guidance in the draft SPD.
1.2 Status of the document
The guidance provided in the SPD should form The general approach and Amendments made to section 1.2
part of the development plan. method for assessing proposals Status of the Document to clarify
for new and intensified HMOs is status of document.
set out in policy DM2: Residential
Sub-divisions, Shared and
Specialist Housing and associated
text. The proposed SPD is
considered an appropriate
mechanism to provide further
guidance on the policy approach
and method. Clarification has
been provided.
1.3 Houses in Multiple Occupation in Bristol
Include student population figure. Not relevant to the draft SPD. No amendment made.
Harmful impacts identified should also include: Harmful impacts identified have Amendments made to section 1.3
Overlooking and loss of privacy (through been broadened to better reflect Houses in Multiple Occupation in
the use of upper floors as communal living concerns. Bristol to better reflect range of
areas); harmful impacts.
Loss of visual amenity (through the use of
front gardens as parking, poor waste
management, poor property
maintenance);
Highway safety (through poor waste
management);
Erosion of local character and amenities
(through anti-social behaviour and
irresponsible landlords).
Harmful impacts identified are largely The harmful impacts of HMO No amendment made.
associated with student HMOs and are not concentrations regardless of
representative of the wider HMO market occupier group are well
which has shifted from students to established and are identified in
professionals. Local Plan policy DM2:
Residential Sub-divisions, Shared
Assumption of harm and general approach and Specialist Housing.
taken is prejudicial towards HMOs and
students. Harmful impacts relate to individuals
and should not be associated with a particular
form of accommodation.
Confirm if the purpose of the SPD is to restrict The purpose of the proposed SPD No amendment made.
the supply of HMOs and if so explain the is clearly stated in section 1.1
consequences of applying the guidance. Purpose and Scope
Clarify whether the guidance will be applied in The proposed SPD provides No amendment made.
3Main issues raised How issues have been addressed
Response Changes to document
the City Centre and to student HMOs in guidance to policy DM2:
particular. Residential Sub-divisions, Shared
and Specialist Housing which
applies across the city.
Problems with non-student HMOs extend Description of HMO locations has Amendments made to section 1.3
across Avonmouth. been changed. Houses in Multiple Occupation in
Bristol to more accurately reflect
location of HMOs.
HMOs form an important part of Bristol’s The importance of HMOs is No amendment made.
growing economy and housing supply. HMOs acknowledges in section 1.3
house young people otherwise unable to buy Houses in Multiple Occupation in
or rent on their own or to live and work in the Bristol.
city and support the economy. The need for
HMOs and the range of needs they provide for
should be acknowledged.
Include reference to the needs and demands of Not considered relevant. No amendment made.
other groups such as older people.
HMOs are a crucial component of the housing Acknowledged in section 1.3 No amendment made.
market for young people. Houses in Multiple Occupation in
Bristol.
Harmful impacts also arise from purpose-built The potential harmful impacts of New section 4.4 HMOs and
student housing. concentrations of purpose-built Purpose-built Student
student accommodation are Accommodation inserted to
acknowledged. Further cover consideration of the
appropriate guidance has been impacts of concentrations of
provided in a new section. purpose-built student
accommodation.
Problems associated with HMOs have been The draft SPD only provides No amendment made.
created by university expansion. No guidance on Local Plan policies
coordinated plan for where additional students relevant to managing the
will live or transport solutions to facilitate a development of HMOs. Other
greater dispersal. Problems could be reduced if Local Plan policies are relevant to
expansion was stopped. students and purpose-built
student accommodation.
2. Background
2.1 What is a House in Multiple Occupation?
Include a relevant contact. Links to further information and a Amendment made to section 2.1
relevant contact has been What is a House in Multiple
provided. Occupation? providing links to
further information and a
relevant contact.
Amend Fig. 1: When is a Property an HMO? - Licence exemptions will apply to Amendments made to Fig. 1:
Question ‘Do any exemptions apply?’ to non-educational providers of When is a Property an HMO?
include buildings managed/controlled by non- student accommodation under providing further explanation.
educational establishments. specific circumstances. Text has
been amended.
Amend Fig. 1: When is a Property an HMO? - Further explanation has been
4Main issues raised How issues have been addressed
Response Changes to document
Question ‘Is at least one amenity shared?’ to provided.
provide further explanation.
Amend Fig. 1: When is a Property an HMO? - Further explanation has been
Question ‘Do any exemptions apply?’ to provided.
provide further explanation.
The section could be simplified to improve A clear definition of an HMO is No amendment made.
understanding of the document. provided in section 2.1 What is a
House in Multiple Occupation.
Provision should be made for more than 2 The legal definition of an HMO is No amendment made.
lodgers living with a homeowner without the set out in the Housing Act 2004
property changing use to an HMO. This would and associated regulations.
address under-occupation of homes, especially
by older people, and housing need.
2.2 Policy Context
National
No comments made
Local
Include reference to policy DM30: Alterations The use of additional relevant Amendment made to section 2.2
to Existing Buildings to ensure overlooking and policies has been referenced. Policy Context under sub-section
privacy issues are considered. Policy could be Local to indicate the use of
set out in Appendix A. additional policies set out in
relevant sections.
New sub-section Outlook and
Privacy inserted under section
3.2 What is a Good Standard of
Accommodation to cover Local
Plan policies relating to outlook
and privacy.
2.3 When is Planning Permission Required?
Amend Fig. 2: HMO Development - Text to question has been altered Amendments made to Fig. 2:
Requirement for Planning Permission - and further explanation HMO Development - Requirement
Question ‘Will additional occupants provided. for Planning Permission -
significantly change the intensity of the use of Question ‘Will additional
the property?’ to provide further explanation. occupants significantly change
A metric would be useful. the intensity of the use of the
property?’ altering text to
Fig. 2: HMO Development - Requirement for question and providing further
Planning Permission - Question ‘Will additional explanation.
occupants significantly change the intensity of
the use of the property?’ may undermine the
policy aim to prevent harmful impacts. These
can occur through small incremental increases
to bed space numbers within existing HMOs
across an area. The question as worded may
allow such increases without the need for
planning permission.
Vitally important that HMOs are subject to The requirement for planning No amendment made.
planning permission to protect residential permission is set out in section
areas in the city. 2.3 When is Planning Permission
5Main issues raised How issues have been addressed
Response Changes to document
Required?
Detail needed on how residents will be Links to further detail have been Amendments made to section 2.3
consulted on HMO proposals. provided. When is Planning Permission
Required? to provide links to
further detail.
Include a relevant contact. Links to further detail have been Amendment made to section 2.2
provided. When is Planning Permission
Required? to provide links to
further detail.
Include a presumption against converting listed All proposals for new HMOs must No amendment made.
buildings into HMOs. be determined in accordance
with relevant Local Plan policies
and national legislation.
3. Additional Guidance
3.1 What is a Harmful Concentration
The additional guidance sections in the boxes The assessments set out in the No amendment made.
should confirm if one or more of the ‘Additional guidance’ boxes are
definitions of harmful concentration need to independent of each other. This
apply to result in a refusal of planning is clearly indicated.
permission.
The requirement under policy DM2 criteria (ii) The General Criteria section of No amendment made.
to consider harmful concentration cannot be policy DM2: Residential Sub-
applied to proposals for the intensification of divisions, Shared and Specialist
existing HMOs as this form of development Housing applies criteria (i) and (ii)
would not increase the number of HMOs. to all types of proposal listed in
the policy. This includes the
intensification of existing houses
in multiple occupation. The
sandwiching and HMO threshold
approaches set out in the draft
SPD will therefore apply to this
form of development.
Additional bed spaces within HMOs may not Further explanation has been Amendments made to Fig. 2:
constitute a material change of use requiring a provided. HMO Development - Requirement
planning application. for Planning Permission -
Question ‘Will additional
occupants significantly change
the intensity of the use of the
property?’ providing further
explanation.
Additional bed spaces within HMOs consistent The national policy context is set No amendment made.
with national policy on higher densities. out in section 2.2. Policy Context
Two tests of harmful concentration insufficient The street level assessment No amendment made.
(sandwiching between HMOs)
A third geographical area above street and and neighbourhood level
neighbourhood level should also form part of assessment (percentage of HMOs
the threshold assessment. If any one test fails within 100 metres) are
then permission should not be granted. considered appropriate and
sufficient to determine the
6Main issues raised How issues have been addressed
Response Changes to document
Ward level assessments of harmful likelihood of a harmful
concentration do not represent natural concentration. Concentrations of
communities. HMOs beyond the
street/neighbourhood level are
less likely to have any
measurable impacts.
Approach set out in draft SPD diverges The general approach and No amendment made.
significantly from current approach to method for assessing proposals
implementing policy DM2 and should be taken for new and intensified HMOs is
forward through the Local Plan Review process set out in policy DM2: Residential
to allow for public examination and proper Sub-divisions, Shared and
assessment of issues. Specialist Housing and associated
text. The proposed SPD is
considered an appropriate
mechanism to provide further
guidance on the policy approach
and method.
Should relax application of additional guidance Other material considerations No amendment made.
for HMO proposals for vacant floors above may be weighed against policy
shops. DM2: Residential Sub-divisions,
Shared and Specialist Housing
and guidance within the
proposed SPD when determining
proposals for HMO development.
Student numbers should not increase in central The draft SPD only provides No amendment made.
areas. guidance on Local Plan policies
relevant to managing the
development of HMOs. Guidance
on other forms of housing is not
proposed at the current time.
Proportions of the dwelling stock that are The locations of licensed HMOs No amendment made.
occupied as HMOs could be given for Article 4 are available to view on Bristol
Direction areas. City Council’s web application
Pinpoint.
Sandwiching (Street level)
Does not support sandwich assessment. Issue The sandwich assessment is No amendment made.
is a ‘made-up’ problem or over-simplification considered a sound and proper
of the problem. indicator of a potential harmful
concentration of HMOs at a
localised level.
Supports sandwich assessment but could Clarification has been provided Amendment made to section 3.1
increase the number of properties within the on the sandwich assessment. What is a Harmful Concentration
sandwich. under Sandwiching (Street level)
linking guidance set out in the
‘additional guidance’ box to
detail provided at section 4.1
Sandwiching (Street level).
Amendments made to Section
4.1 Sandwiching (Street level) to
provide further clarification of
sandwiching assessment.
7Main issues raised How issues have been addressed
Response Changes to document
Fig. 3: Sandwich Assessment -
Worked Examples expanded to
show further sandwiching
situations.
The ‘Additional guidance’ on sandwiching set Clarification has been provided Amendment made to section 3.1
out in the blue box should reflect the wording on the sandwich assessment. What is a Harmful Concentration
at 4.1 which explains that sandwiching can also under Sandwiching (Street level)
occur when a proposed HMO is up to two linking guidance set out in
properties removed. ‘Additional guidance’ box to
detail provided at section 4.1
Sandwiching (Street level).
Harmful concentrations at street level should The explanatory text to policy Amendment made to section 3.1
also include rows of more than 2 adjacent DM2: Residential Sub-division, What is a Harmful Concentration
HMOs and individual buildings where more Shared and Specialist Housing under Sandwiching (Street level)
than 20/25% of the units are occupied as also expects analysis to be linking guidance set out in
HMOs. undertaken at street level. This is ‘Additional guidance’ box to
explained under section 4.2 HMO detail provided at section 4.1
Threshold (Neighbourhood level). Sandwiching (Street level).
Clarification has been provided Amendments made to Section
on the sandwich assessment, 4.1 Sandwiching (Street level) to
including situations relating to provide further clarification of
sub-divided buildings. sandwiching assessment.
Fig. 3: Sandwich Assessment -
Worked Examples expanded to
show further sandwiching
situations.
HMO Threshold (Neighbourhood level)
The threshold assessment will not apply to The draft SPD only provides No amendment made.
other forms of housing set out in policy DM2 guidance on the managing the
e.g. sub-divisions/student accommodation. development of HMOs. Guidance
This is considered inequitable and may on other forms of housing is not
encourage the development of student flats in proposed at the current time.
place of HMOs which is not consistent with Proposals for purpose-built
policy DM2. student accommodation and
other student flats are subject to
other policy controls.
A threshold assessment relating to the
development of purpose-built student
accommodation should be considered.
The use of a fixed percentage to define a The use of a threshold approach No amendment made.
harmful concentration is overly prescriptive to determine the likelihood of a
and does not take account of local harmful concentration is
circumstances. Development in locations that considered appropriate. Other
may be more suitable for HMOs rather than material considerations may be
family housing should be supported. weighed against policy DM2:
Suggestions include: city centre, shopping Residential Sub-divisions, Shared
centres, along arterial routes, above and Specialist Housing and
commercial premises, busy junctions and guidance within the proposed
transport corridors/termini. A more SPD when determining proposals
flexible/permissive approach is required. for HMO development.
8Main issues raised How issues have been addressed
Response Changes to document
A flexible/discretionary approach is needed to An evidence paper explaining the
ensure that mixed use areas with a lower use of the threshold approach
number of residential properties do not create and the selection of 10% as the
artificial threshold calculations that prevent threshold level has been
the development of HMOs. The Threshold published alongside the proposed
assessment should not be the sole basis for SPD.
decision-making.
Small HMOs can be developed
Published evidence/justification for the under permitted development No amendment made.
citywide 10% threshold percentage is required. rights across large areas of the
Set at this low level the Threshold would city. The proposed SPD will only
restrict development of HMOs across a be used where planning
significant proportion of the city. applications for new HMOs are
required.
The threshold approach is disproportionate to
the level of harm caused.
Consideration should be given to other
threshold proportions - 15%, 20%, 25% - based
on the characteristics of the locality e.g. access
to sustainable transport, locations less suitable
for family housing.
HMO threshold assessment is too high - should
be set at 5%.
Purpose-built student accommodation should Purpose-built student Amendments made to sections
not be included in the threshold assessment. accommodation has been 1.1 Purpose and Scope, 3.1 What
Managed purpose-built student removed from the HMO is a Harmful Concentration under
accommodation is significantly less likely to threshold calculation. Amended HMO Threshold Assessment
give rise to adverse impacts on residential guidance has been provided on (Neighbourhood level), 4.2 HMO
amenity or harm to housing mix. how potential harmful impacts Threshold Assessment
arising from this form of housing (Neighbourhood level) and 4.5
Inclusion of purpose-built student should be considered when Information on Datasets under
accommodation within the threshold assessing proposals for HMO Student Bed Spaces to reflect
assessment could prevent new purpose built development. removal of purpose built student
student accommodation from being developed accommodation from the HMO
in appropriate locations or existing purpose- The proposed SPD does not threshold calculation.
built student accommodation being extended. provide guidance on existing or
emerging policies covering the New section 4.4 HMOs and
Inclusion of purpose-built student development of purpose-built Purpose-built Student
accommodation within the threshold student accommodation. Accommodation inserted to
assessment wrongly assumes students are cover consideration of the
harmful. Should not equate purpose-built impacts of concentrations of
student accommodation to HMOs. purpose-built student
accommodation.
The 10% threshold assessment must include
student accommodation.
Should also note the impact of student halls of
residence.
Inclusion of purpose-built student
accommodation within the threshold
assessment would be inconsistent with other
emerging policies in the Local Plan Review
which support student accommodation in
defined locations up to a bed space Cap. This
Cap may exceed the 10% threshold.
9Main issues raised How issues have been addressed
Response Changes to document
HMOs and purpose-built student When assessing proposals for No amendment made.
accommodation have been combined as one. HMO development the need to
This contradicts schedule 14, para. 4 of the consider existing purpose-built
Housing Act 2004 which defines buildings that student accommodation is based
are not HMOs as including purpose-built on potentially harmful impacts
student accommodation not provided by arising from this form of housing.
educational establishments. On this basis The legal definition of what
purpose-built student accommodation should constitutes an HMO is not
not be counted as equivalent HMOs. relevant to this consideration.
Should be a blanket ban on HMO proposals in The application of the 10% HMO No amendment made.
areas where 10% exceeded. threshold as set out in the
‘Additional guidance’ box
provides an appropriate level of
flexibility.
Should also apply the 10% threshold The explanatory text to policy No amendment made.
assessment at street level. DM2: Residential Sub-division,
Shared and Specialist Housing
also expects analysis to be
undertaken at street level. This is
explained under section 4.2 HMO
Threshold (Neighbourhood level).
3.2 What is a Good Standard of Accommodation
Proposals for new HMOs and student The use of additional relevant Amendment made to section 2.2
developments should be required to have a policies that consider outlook and Policy Context under sub-section
proper window rather than just a skylight in daylight have been referenced. Local to indicate the use of
each bedroom. additional policies set out in
relevant sections.
New sub-section Outlook and
Privacy inserted under section
3.2 What is a Good Standard of
Accommodation to cover Local
Plan policies relating to outlook
and privacy.
All HMOs should be provided with communal Requirements for communal No amendment made.
space. space (where provided) are set
out at Appendix B: Guideline
Minimum Room Size Standards
for HMO Development.
Further quality standards should be included. Additional guidance has been New sub-section Outlook and
included. Privacy inserted under section
3.2 What is a Good Standard of
Accommodation to cover Local
Plan policies relating to outlook
and privacy.
The draft SPD should also provide guidance on Consideration of adaptability and No amendment made.
adaptable layouts to allow for future flexibility of layouts is clearly
conversion to a standard dwellinghouse layout. referenced in section 3.2.What is
a Good Standard of
Accommodation and sub-section
Internal Living Space.
10Main issues raised How issues have been addressed
Response Changes to document
Further requirements could include security Consideration of security and No amendment made.
standards and standards relating to provision other matters are clearly
and quality of shared facilities. referenced in section 3.2.What is
a Good Standard of
Accommodation.
Internal Living Space
Clarification needed on whether Internal Living The draft SPD only provides No amendment made.
Space standards also apply to purpose-built guidance on Local Plan policies
student accommodation. relevant to managing the
development of HMOs.
One person/multi-person bedroom sizes small The proposed minimum room No amendment made.
but acceptable provided the general size standards are consistent with
condition/facilities are good and appropriate those applied by Bristol City
space provided elsewhere. Council to licensable HMO
properties and are therefore
The proposed standards for internal living considered appropriate to meet
space are below the nationally described space the requirement of policy BCS18:
standard and should not be applied to Housing Type.
permanent accommodation. The standard
should be significantly raised. The bedroom size standards for
licensable HMO properties are
Welcomes additional guidance on internal specified in relevant legislation.
living space but standards set out in Appendix
B should be requirements.
The room size standards for internal living
space are too small.
The room size standards should take account
of furniture provision.
Text relating to Internal Living Space and Clarification has been provided. Amendments made to section 3.2
Appendix B should be amended to reflect What is a Good Standard of
potential future changes to the standards. Accommodation under Internal
Living Space and to ‘Additional
guidance’ box, section 4.3
Achieving a Good Standard of
Accommodation and to Appendix
B to allow for future changes to
the standard.
Cycle and Car Parking
Section on cycle and car parking should also Additional appropriate guidance Additional text to section 3.2
provide guidance to prevent the use of front has been provided relating to the What is a Good Standard of
gardens as parking to the detriment of the use of front gardens for parking. Accommodation under Cycle and
street scene. Car Parking to cover creation of
off-street parking spaces.
The parking standards referred to do not Clarification has been provided. Additional text to section 3.2
provide criteria for HMOs above 6 people. The general principles of policy What is a Good Standard of
DM23: Transport Development Accommodation under Cycle and
Management in relation to Car Parking to clarify use of
Parking and Servicing will apply parking standards.
11Main issues raised How issues have been addressed
Response Changes to document
to all HMOs.
Existing/new HMO occupiers should not be A link to further information has Amendment made to section 3.2
eligible for a parking permit within a residents’ been provided. What is a Good Standard of
parking scheme area. Accommodation under Cycle and
Car Parking to provide link to
New HMOs should be limited to two parking further information on parking
permits within a residents’ parking scheme permit restrictions.
area.
Student HMO occupiers who do not pay
Council Tax should not be eligible for a parking
permit within a residents’ parking scheme
area.
HMO proposals should only be approved
where there is a residents parking zone.
Permits for new HMOs should be limited to
ease parking congestion.
Covered and secure bicycle stores should be Policy requirements relating to No amendment made.
installed by the Council in areas with high cycle parking are set out in
concentrations of shared houses, bedsits and section 3.2 What is a Good
student accommodation. Standard of Accommodation
under Cycle and Car Parking.
Refuse and Recycling Storage
Document needs greater focus on waste and The draft SPD refers to current No amendment made.
recycling management issues. policy requirements relating to
refuse and recycling storage and
Draft SPD should require development to associated guidance Waste and
provide sufficient space for the storage of Recycling: Collection and Storage
refuse and recycling containers off the Facilities - Guidance for
pavement/road. developers, owners and occupiers
which sets out in greater detail
The waste and recycling guidance note the provisions for residential
referred to does not provide specific guidance development which includes
on HMOs. HMOs.
Stricter requirements needed for refuse and General waste capacities set out
recycling such as waste management in the policy and guidance may
contracts. be increased subject to occupant
numbers.
HMOs are currently provided with the same
refuse/recycling storage capacity as C3
dwellings. This should be increased.
Waste management problems are due to
limited refuse capacity/collection.
4. Assessment of Planning Applications
Further clarification required on how the Clarification has been provided Amendment made to section 4.1
sandwich and threshold assessments can be on the sandwich assessment. Sandwiching (Street level) to
applied to proposals for the intensification of clarify application of sandwich
existing HMOs. The application of the threshold assessment to proposals for the
assessment to proposals for the intensification of existing houses
intensification of existing HMOs in multiple occupation.
12Main issues raised How issues have been addressed
Response Changes to document
is clearly stated in sections 3.1
What is a Harmful Concentration
and 4.2 HMO Threshold
(Neighbourhood level).
The HMO sandwich and threshold assessment The draft SPD can only provide No amendment made.
do not address the wider socio-economic guidance on Local Plan policies
impacts of HMOs e.g. detriment to community relevant to managing the
services/facilities such as shops, entertainment development of HMOs. The
and transport. A third indicator of socio- principal policy used to assess
economic harm is required. proposals DM2: Residential Sub-
divisions, Shared and Specialist
Housing does not require
consideration of socio-economic
factors.
4.1 Sandwiching (Street level)
Further clarification required on how the HMO Clarification has been provided Amendment made to section 3.1
sandwich assessment is applied to on the sandwich assessment. What is a Harmful Concentration
development within existing single buildings under Sandwiching (Street level)
that have been sub-divided into separate linking guidance set out in
residential units. All scenarios described should ‘Additional guidance’ box to
be shown under Fig. 3. detail provided at section 4.1
Sandwiching (Street level).
Sandwich assessment needs to be applied
vertically within individual buildings to avoid Amendments made to Section
locating HMOs above and below dwellings. 4.1 Sandwiching (Street level) to
provide further clarification of
HMO sandwich assessment could include 2 sandwiching assessment.
adjacent properties sandwiched between 2
HMOs. Fig. 3: Sandwich Assessment -
Worked Examples expanded to
An HMO threshold level of 10% to 20% should show further sandwiching
be set within subdivided buildings. situations.
The text should provide detail on the lower
illustration in Fig.3 which shows that a lane
would be disregarded in the application of the
sandwich assessment. All breaks in building
line will need to be defined in the text.
The proximity of purpose-built student Amended guidance has been New section 4.4 HMOs and
accommodation should be taken into account. provided on how potential Purpose-built Student
harmful impacts arising from this Accommodation inserted to
form of housing should be cover consideration of the
considered when assessing impacts of concentrations of
proposals for HMO development. purpose-built student
accommodation.
The proposed SPD does not
provide guidance on existing or
emerging policies covering the
development of purpose built
student accommodation.
4.2 HMO Threshold (Neighbourhood level)
Published evidence/justification for the 100 An evidence paper explaining the No amendment made.
metre radius is required. selection of 100 metres as the
radius distance used in the HMO
13Main issues raised How issues have been addressed
Response Changes to document
threshold assessment has been
published alongside the proposed
SPD.
Need to be more precise on the types of For clarity/transparency the HMO New section 4.4 Additional
development that will be counted as threshold calculation must be Considerations inserted to cover
equivalent HMOs rather than stating ‘student based on likely operational HMOs consideration of the impacts of
bed spaces’. only and verified by relevant, concentrations of purpose built
reliable and up-to-date data student accommodation.
Should state that hostels and larger HMOs with sources. For these reasons the
a Sui Generis planning use class will be counted HMO datasets only include
as part of the threshold assessment approach. licensed HMOs and planning
permissions for HMOs that are
Clarification is needed on whether all types of not licensed. The data sources
accommodation defined as HMOs in section are clearly set out in section 4.5
2.1 are counted in the threshold assessment. Information on Datasets. The
This will include some buildings converted into extent of verifiable data on
self-contained flats that are legally defined as HMOs is expected to increase
HMOs. Where these units are counted a higher over time.
threshold could be used.
Amended guidance has been
The threshold assessment should also include provided on how potential
properties that are short-term let. harmful impacts arising from
purpose-built student
The threshold assessment should also include accommodation should be
non-HMO properties that are let to less than 3 considered when assessing
students. proposals for HMO development.
Clarification required on how student bed Purpose-built student Amendments made to sections
spaces are counted as equivalent HMOs as part accommodation has been 1.1 Purpose and Scope, 3.1 What
of the threshold approach. removed from the HMO is a Harmful Concentration under
threshold calculation. Amended HMO Threshold Assessment
guidance has been provided on (Neighbourhood level), 4.2 HMO
how potential harmful impacts Threshold Assessment
arising from this form of housing (Neighbourhood level) and 4.5
Purpose-built student accommodation should should be considered when Information on Datasets under
be counted as more than one equivalent HMO. assessing proposals for HMO Student Bed Spaces to reflect
Suggestions of one HMO for every 4 or 5 bed development. removal of purpose built student
spaces. accommodation from the HMO
threshold calculation.
New section 4.4 HMOs and
Purpose-built Student
Accommodation inserted to
cover consideration of the
impacts of concentrations of
purpose-built student
accommodation.
Larger HMO and student accommodation The HMO threshold calculation No amendment made.
should still be counted as part of the HMO can only count HMO property
threshold assessment where the property points. Whilst purpose-built
boundary is within 100m radius but the student accommodation has
property point falls outside. been removed from the HMO
threshold calculation it is
separately counted to inform the
assessment of proposals for HMO
development. This count is based
on any part of the boundary of a
14Main issues raised How issues have been addressed
Response Changes to document
purpose-built student
accommodation development
falling within the 100 metre
radius.
A further threshold assessment across a wider The street level assessment No amendment made.
geographical area or at ward level as identified (sandwiching between HMOs)
in policy DM2 should be considered. Reasons and neighbourhood level
given include: A more effective approach; Will assessment (percentage of HMOs
take account of the wider cumulative impact of within 100 metres) are
HMOs; Will help to redress imbalances of considered appropriate and
HMOs. Suggestions that this should be set sufficient to determine the
between 200m to 500m. likelihood of a harmful
concentration. Concentrations of
The existing HMO threshold radius should be HMOs beyond the
extended. Reasons given include: Will take street/neighbourhood level are
account of impacts of HMOs beyond the 100m less likely to have any
radius; Will more effectively prevent additional measurable impacts.
HMOs being developed in small areas of low
concentration that lie between areas of high
concentration. Suggestions that this should be
set between 150m and 500m.
Consideration should be given to different
radius distances based on the characteristics of
the locality.
A smaller radius distance of 50m could allow
for higher concentrations of HMO
development in areas less suitable for family
housing.
Further detail needed to explain the HMO The HMO threshold calculation Amendments made to section 4.2
threshold Test. Clarification required on: counts all individual HMOs that HMO Threshold Assessment
Whether all HMOs are counted within the are licenced or are un-licenced (Neighbourhood level) and Fig.4:
100m radius; How HMOs are counted, but with planning permission. HMO Threshold Assessment -
including different sized HMOs; How the This includes all HMOs within Worked Example to further clarify
threshold assessment takes account of converted buildings where data is the HMO threshold assessment
buildings converted into multiple HMOs. available. This is clearly explained and the calculation underlying it.
in section 4.5 Information on
Datasets.
Fig.4 shows the general concept of the Further clarification has been
threshold assessment but does not accurately provided on the HMO threshold
explain the calculation underlying it which assessment and the calculation
could be misleading. A note is required for underlying it.
clarification.
Further detail needed to explain the outcome This is clearly set out in sections No amendment made.
of applications where the 10% threshold is 3.1 What is a Harmful
exceeded. Concentration and 4.2 HMO
Threshold (Neighbourhood Level)
which explain that proposals for
HMO Development where the
10% threshold is reached or
exceeded are, where relevant,
unlikely to be consistent with
Local Plan policies.
15Main issues raised How issues have been addressed
Response Changes to document
Guidance relating to the intensification of The application of the threshold No amendment made.
existing HMOs should be provided. assessment to proposals for the
intensification of existing HMOs
is clearly explained in sections 3.1
What is a Harmful Concentration
and 4.2 HMO Threshold
(Neighbourhood level).
If the Local Land and Property Gazetteer is The Local Land and Property No amendment made.
publicly available this should be referenced in Gazetteer (LLPG) is not publicly
the text. available.
Consideration is needed on whether Unlikely that two or more No amendment made.
applications in an area where the 10% applications would be submitted
threshold has not been reached will be in short succession and within
determined in order of receipt to ensure overlapping radii. Where this
fairness. A delay to an application may result in does occur the harmful impact of
refusal where the threshold is reached prior to exceeding the 10% threshold by a
its determination as a result of planning small margin would need to be
permissions given to subsequent applications. considered.
4.3 Achieving a Good Standard of Accommodation
No comments made
4.4 Information on Datasets
Data sources need to be updated The time intervals for updates to No amendment made.
regularly/updated more frequently. the HMO and student bed spaces
datasets set out in section 4.5
Information on Datasets are
considered appropriate.
HMOs
The accuracy of the HMO dataset can be For clarity/transparency the HMO No amendment made.
increased by including further data. threshold calculation must be
Suggestions include: pending HMO based on likely operational HMOs
licence/planning applications, Council Tax Class only and verified by relevant,
N exemptions, Census data, Electoral Roll data reliable and up-to-date data
and properties subject to planning and/or sources. For these reasons the
licensing enforcement investigations/actions. HMO datasets only include
The current datasets identified in the SPD or licensed HMOs and planning
shown on Pinpoint underestimate the number permissions for HMOs that are
of HMOs. not licensed. The data sources
are clearly set out in section 4.4
Concerns that HMO dataset accuracy will Information on Datasets.
decline when Bristol City Council additional
licensing scheme ceases in mid 2024. The Council’s licensing and
Suggestions that consideration is given to planning teams work together to
other data sources to maintain long-term ensure all relevant HMO
accuracy including Council Tax Class N properties are licensed and have
exemptions and 2021 Census data, or, that all planning permission or are
planning permissions are included in datasets otherwise authorised under
for unlicensed properties. planning. This ensures that HMO
properties continue to be
A requirement to submit a Certificate of Lawful counted when licences expire.
Use application (or other appropriate
application) could be imposed where an HMO The extent of verifiable data on
licence is granted within an Article 4 Area to HMOs is expected to increase
improve HMO dataset accuracy/ensure over time.
16Main issues raised How issues have been addressed
Response Changes to document
permanent recording of HMOs when licenses
expire.
Data held by licensing and planning authorities
should be the same.
Should also include datasets on other shared
housing, as set out in policy DM2, such as
buildings owned by public sector bodies
including bail hostels which may be exempt
from licensing or other forms of
accommodation including short-term lets.
Information should be provided on how Residents/communities can New sub-section 6.4 Reporting a
residents/communities can input into HMO provide information on alleged Breach of Planning or Licensing
data sources. unauthorised/unlicensed HMOs Rules inserted to cover
through the Council’s enforcement issues.
enforcement processes. Details
of how to contact the Council’s
enforcement teams have been
provided.
A subdivided building where one residential The method of calculating the Amendment made to section 3.1
unit is occupied as an HMO should be counted proportion of dwellings that are What is a Harmful Concentration
as a single HMO use for the entire building. occupied as HMOs set out in under Sandwiching (Street level)
This will prevent new HMOs within subdivided section 4.5 Information on linking guidance set out in
buildings and strengthen the HMO sandwich Datasets is considered accurate ‘Additional guidance’ box to
approach. and appropriate. detail provided at section 4.1
Sandwiching (Street level).
Clarification has been provided
on the sandwich assessment. Amendments made to Section
4.1 Sandwiching (Street level) to
provide further clarification of
Sandwiching assessment.
Fig. 3: Sandwich Assessment -
Worked Examples expanded to
show further sandwiching
situations.
Clarification required on whether HMO The datasets used in the Amendments made to section 4.5
threshold assessment relies on Pinpoint threshold assessment set out in Information on Datasets under
datasets or data from other sources. section 4.5 Information on Pinpoint to clarify publicly
Datasets will all be available to available datasets.
view on Pinpoint. This has been
clarified.
Retrospective applications for HMOs should All retrospective applications for No amendment made.
not be permitted if the 10% threshold has HMOs must be determined in
been reached. accordance with relevant Local
Plan policies supported by
guidance in the draft SPD.
Datasets should not be in the public realm to The Council is legally required to No amendment made.
protect targeting of individual properties for make available information on
burglary. planning permissions and HMO
licensed properties.
17Main issues raised How issues have been addressed
Response Changes to document
Student Bed Spaces
Smaller student accommodation of less than 3 Smaller student accommodation No amendment made.
bed spaces that are not defined as HMOs where known is included within
should be included within the dataset. the student bed space dataset as
explained in section 4.5
Information on Datasets.
The annual Residential Development Survey The residential Development Amendment made to section 4.5
needs to be published. Survey is published annually. A Information on Datasets under
link to the document has been Student Bed Spaces providing link
provided. to current Residential
Development Survey.
Suggestions for the method of counting Purpose-built student Amendments made to sections
student bed spaces as equivalent HMOs accommodation has been 1.1 Purpose and Scope, 3.1 What
include: Cluster flats within purpose-built removed from the HMO is a Harmful Concentration under
student accommodation counted as individual threshold calculation. Amended HMO Threshold Assessment
HMOs; 4/5 bed spaces within purpose-built guidance has been provided on (Neighbourhood level), 4.2 HMO
student accommodation counted as a single how potential harmful impacts Threshold Assessment
HMO. arising from this form of housing (Neighbourhood level) and 4.5
should be considered when Information on Datasets under
assessing proposals for HMO Student Bed Spaces to reflect
development. removal of purpose built student
accommodation from the HMO
threshold calculation.
New section 4.4 HMOs and
Purpose-built Student
Accommodation inserted to
cover consideration of the
impacts of concentrations of
purpose-built student
accommodation.
Pinpoint
Data on Pinpoint must be kept up-to-date. The time intervals for updates to No amendment made.
the HMO and student bed spaces
datasets set out in section 4.5
Information on Datasets are
considered appropriate
5. Submission requirements for applicants
Submission requirements will not apply to Prior Approval applications are No amendment made.
prior approval applications. not required for any HMO
development.
6. Other considerations
Should be links to the University of Bristol. Not relevant to the draft SPD. No amendment made.
HMO Licences
Proposals for new HMOs must gain planning The planning status of an HMO Amendments made to section 6
permission and comply with conditions before cannot be considered when Other Matters under HMO
any licence is issued. making a decision on whether to Licenses providing clarification
grant or refuse a property and link to further information.
Should explain how HMO licensing relates to licence. However, planning is
planning requirements. referred to in the formal licence
letter.
18Main issues raised How issues have been addressed
Response Changes to document
Clarification and links to further
information have been provided.
Mandatory licensing should be extended to all The criteria for mandatory Amendments made to section 6
HMOs. licensing are set at the national Other Matters under HMO
level. Bristol City Council has Licences providing link to further
All rental properties and landlords should be introduced additional licensing information.
licensed, not just HMOs. schemes for HMOs and selective
licensing schemes for non-HMOs
in certain areas of the city. Links
to further information have been
provided.
Holding an HMO licence should be conditional HMO licence holders must No amendment made.
on provision and satisfactory management of provide suitable facilities for the
adequate recycling facilities. storage and disposal of refuse
and recycling in accordance with
HMO licenses should only be issued where a the Council’s waste and recycling
waste management strategy is in place. collection requirements as a
condition of their licence.
Property licence fees expensive in Bristol Local authorities have discretion No amendment made.
compared to other local authorities. Should be to set their own licence fees.
standardised across all local authorities in
England.
Property Management
Landlords/Agents should be required to For licensable HMO properties No amendment made.
demonstrate effective ways to manage their landlords and agents are subject
properties. Matters suggested include: to licence conditions and West of
Transparency of ownership to enable residents England Code of Good
to make complaints; Controlling noise and Management Practice
disturbance by tenants; Ensuring appropriate requirements relating to the
waste management; Providing a named person safety, operation and
responsible for problems; Providing a code of management of their properties.
conduct for tenants covering noise, waste and A condition of the licence
community integration; Regular visits to the includes completion of the West
property to check compliance. Suggestions of England Landlord
that this should be secured through the Development Programme or
planning or licensing process. other equivalent training. The
Council has recently extended
Owners of HMOs should be registered. the licensing requirement across
larger areas of the city.
Other relevant HMO licence
holder conditions and/or West of
England Code of Good
Management Practice
requirements include provisions
relating to: complaints
procedures, dealing with any
anti-social behaviour, refuse and
recycling facilities, terms of
occupation for residents and
regular property inspections.
19Main issues raised How issues have been addressed
Response Changes to document
The West of England Code of Good Changes to the West of England No amendment made.
Management Practice could be strengthened Code of Good Management
by: Practice would require
agreement between all West of
Including a requirement for planning England Authorities. The content
permission and compliance with attached of the code is considered when
conditions. legislative changes occur and
Requiring landlords to respond to when new discretionary licensing
problems within an appropriate time schemes are being considered.
frame and allowing the response to be
assessed by the complainant. This can be The planning status of an HMO
used to assess licence renewal cannot be considered when
applications. making a decision on whether to
Requiring dedicated spaces for refuse and grant or refuse a property
recycling and instructions on use for licence. Conditions relating to
tenants. planning cannot therefore be
Requiring noise attenuation included within the West of
requirements for HMO development England Code of Good
including: Soundproofing to party walls, Management Practice. Planning
fitting of soft closers on doors, laying matters are referred to in the
carpets, better fitting entrance doors, formal licence letter.
door bells instead of door knockers,
sanitary ware located to avoid noise Relevant HMO licence holder
transmission. conditions and/or West of
England Code of Good
Management Practice
requirements include provisions
relating to refuse and recycling
facilities and complaints
procedures.
Sound reduction requirements
are set out in Building
Regulations Approved Document
E - Resistance to the Passage of
Sound and are applied where
required.
Detail needed on how landlords and HMOs are Residents/communities can New sub-section Reporting a
monitored and how non-compliance with provide information on alleged Breach of Planning or Licensing
regulations and codes of practice relating to unlicensed HMOs or breaches of Rules inserted under section 6.
property management are addressed through licensing conditions through the Other Matters to cover
enforcement processes. Council’s enforcement process. enforcement issues.
Details of how to contact the
Council’s relevant enforcement
teams have been provided.
The Council has undertaken
significant work to map HMOs
across the city to better
understand concentration issues.
The Council has and continues to
seek to improve co-ordination
between teams including
Licensing, Development
Management, Neighbourhood
Enforcement and Waste
Management to mitigate
potential harmful impacts caused
20Main issues raised How issues have been addressed
Response Changes to document
by existing HMOs.
Appendix A: Local Plan Policy for HMOs
Is the policy text incomplete? The text of the policy has been No amendment made.
abridged for relevance.
Appendix B: Guideline Minimum Room Size Standards for HMO Development
No comments made
Other Issues Raised
Enforcement
Improvements required to planning Residents/communities can New sub-section Reporting a
enforcement against unauthorised HMOs or provide information on alleged Breach of Planning or Licensing
breach of planning conditions. Sanctions need unauthorised/unlicensed HMOs Rules inserted under section 6.
to be imposed for non-compliance. or other breaches of Other Matters to cover
Suggestions include revocation of planning planning/legislative control enforcement issues.
permission and financial through the Council’s
penalties/compensation for negative impacts. enforcement processes. Details
of how to contact the Council’s
Concerns that some HMO properties may be enforcement teams have been
immune from enforcement action. Residents provided.
should have a say. The draft SPD should cover
this issue. The Council has undertaken
significant work to map HMOs
Improvements required to licensing across the city to better
enforcement against noise and disturbance, understand concentration issues.
poor waste management, poor management The Council has and continues to
and general control over tenants and non- seek to improve co-ordination
compliance with the Code of Good between teams including
Management Practice. Sanctions need to be Licensing, Development
imposed for non-compliance. Suggestions Management, Neighbourhood
include revocation of licences. Enforcement and Waste
Management to mitigate
Bristol City Council enforcement of noise potential harmful impacts caused
legislation needs to be strengthened. The by existing HMOs.
Neighbourhood Enforcement Team (NET)
should be better resourced and processes for
reporting and enforcing against noise issue
should be reviewed/improved. The current
approach results in significant under-reporting
of noise nuisance which cannot be relied upon
when determining proposals for new HMOs.
Better collaboration is needed between
Council teams dealing with HMOs including
Planning, HMO licensing, waste management
and noise nuisance teams. Linkages between
teams and remits/powers should be clearly
communicated.
Retrospective Applications
Retrospective planning applications for HMOs Retrospective planning No amendment made.
should not be allowed. applications for HMOs will be
accepted where required or
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