Proposed crackdown on HMO applications in Sandwell means planning officers no longer make decisions

Sandwell Council will strip officers of the power to decide applications for houses of multiple occupancy under a proposals to go before councillors tonight (Tuesday).

Members will be asked to vote on a motion, proposed by Councillor Paul Snape, calling for all HMO applications to be decided by elected councillors.

Given that Councillor Snape is a member of the ruling Reform group, the motion is expected to passed.

Councillor Snape said applications surrounding HMOs were causing ‘significant local concern’ in relation to parking, community cohesion and the cumulative impact on established neighbourhoods.

“Residents across Sandwell have consistently raised concerns regarding the concentration of HMOs in certain areas of the borough,” he said.

“Elected members should, wherever lawful, be able to take decisions on planning applications which have significant local impacts.”

Under present rules, planning officers have the power to decide the majority of applications using delegated powers, with only the more contentious ones going before a committee of councillors.

But Councillor Snape said the sensitive nature of HMO developments meant they should go before elected members as a matter of routine.

“Planning applications relating to HMOs can have a significant effect on established communities and that, wherever lawful and compatible with national planning legislation, such applications should be capable of being considered and determined by locally elected members through the planning committee process,” he said.

Councillor Snape’s motion called for all applications relating to the creation of new HMOs, the conversion or change of use of existing properties for HMO use, or any material increase in the intensity of a house in multiple occupation to be referred to and determined by the planning committee rather than under delegated officer powers, where this remained lawful and compatible with national planning legislation.

Councillor Snape further called for the council to apply to central government for powers which allow smaller HMOs to be created without planning permission.

Under present ‘permitted development’ rights, standard houses can be converted into smaller HMOs, for up to a maximum of six people, without formal planning consent.

But Councillor Snape called on the leader of Sandwell Council to begin the procedure of applying for an ‘Article 4 directive’ which, if granted, would mean that all HMOs would have to go through the full process.

He said democratic accountability should be a central feature of the planning system, and elected members should play a meaningful role in determining planning applications of significant local importance.

“This administration is committed to driving forward and delivering practical measures which protect established communities and strengthen local control over HMO development,” he said.