Agenda item

            The Committee noted a list of licences for Houses in Multiple Occupation which had, since its last meeting, been issued under the Council’s Scheme of Delegation.

The Committee dealt with the following two items together as they were from one applicant for multiple licences contained within one property, however consideration was given to each application separately

(Councillor Gormley, who had declared an interest in the following two items, left the meeting while they were under consideration)

Flats 1 and 2, 3 Ireton Street

            The HMO Unit Manager reported that applications had been received for a new licence to operate a House of Multiple Occupation (HMO), in respect of two units, flats 1 and 2, at 3 Ireton Street.  He stated that the properties had previously held HMO licences, granted by the Northern Ireland Housing Executive, but that the licences had expired on 28th February 202.  

            He pointed out that the Applicant had applied to renew his licences on 23rd February, 2021, however, he had contacted the NIHMO Unit on 26th March, 2021, to withdraw his applications, citing that it had been due to a recent outcome with a separate HMO application.

            He informed the Committee that the two properties each had a Certificate of Lawful Existing Use or Development and that officers were not aware of any issues in relation to the fitness of the Applicant or his Managing Agent.

            He outlined the assessment which had taken place on 12th May, 2022, in order to determine the provision and availability of HMO accommodation in the HMO Policy Area, and he stated that Legal Services had advised that there was a clear requirement, in Section 8 of the Houses in Multiple Occupation (Northern Ireland) Act 2016, for the Council to be satisfied that the granting of a licence would not result in overprovision.

            He reported that there had been no objections received in relation to the applications and that technical officers from the NIHMO Service had inspected the properties and that the accommodations had been certified as complying with the physical standards for an HMO on 16th April, 2022.

            The HMO Unit Manger pointed out that a notice of proposed decision had been issued to the Applicant, for each of the two applications, on 17th May, 2022.  He stated that, with regard both applications, the notices of proposed decision advised the Applicant that the Council intended to refuse the applications, as it could not be satisfied that the granting of the licences would not result in overprovision in the locality. 

            The Chairperson welcomed the Applicant’s solicitor, Ms. M. O’Neill to the meeting.  Ms. O’Neill explained that the decision to refuse the applications on the basis of overprovision had been flawed and was an error of law.  She stressed the need for accommodation in the area and referred to a rental housing crisis.  She highlighted that the Council had indicated that it recognised that there was a need for housing accommodation in the locality, but had still indicated its intention was to refuse the applications.

            The Chairperson thanked Ms. O’Neill for her submissions on behalf of the Applicant.