Agenda item

(Councillor Murray, who had declared an interest in this item,

left the meeting while it was under consideration)

            The HMO Unit Manager informed the Committee that an application had been received for a new Licence to operate a House of Multiple Occupation (HMO) for 20 Stranmillis Gardens.

            He reported that the property had previously had the benefit of an HMO Licence, in the name of the previous owner, granted on 9th September, 2020 and that the property had been purchased by the existing owner on 29th March, 2021. 

            He informed the Committee that the Applicant and Managing Agent had confirmed that they had not been convicted of any relevant offences and that there had been no relevant enforcement action taken with regard to day or night-time noise, rubbish accumulation, litter or waste.

            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 application and that the accommodation had been certified, as having been compliant with the physical standards required for an HMO, by a technical officer from the NIHMO Service on 27th April, 2022.

            He pointed out that a notice of proposed decision had been issued on 6th May, advising the Applicant that the Council intended to refuse the application as it could not be satisfied that the granting of the licence would not result in overprovision in the locality.

            The HMO Unit Manager referred to correspondence from the Applicant’s solicitor, which stated that the property had been previously registered as an HMO and was recorded in the 2015 subject plan and, therefore, had been taken into account at the time the subject plan was drawn up as an existing HMO in the area and that the Council should bear in mind the need for housing accommodation in the locality.

            He drew the Committee’s attention to officers’ comments in response to the solicitor’s correspondence, which stated that officers believed that the argument that it had been previously registered as a HMO was misconceived and that it did not have the benefit of a valid HMO licence.

            He further stated that officers had accepted that there was high demand for HMO accommodation in the area but that had to be balanced against the Council’s obligation to be satisfied that the grant of the licence would not result in the overprovision of HMO accommodation in a particular area.

            The Chairperson welcomed Mr. P. MacDermott, Solicitor acting on behalf of the Applicant, to the meeting.

            Mr. MacDermott explained that the property had been an HMO property since 2014, when it had been purchased by the Applicant’s mother and had been operated lawfully while under her ownership.  He stated that she had renewed the HMO registration in December, 2020 for period of five years.

            He informed the Committee that, in 2021, the Applicant’s mother decided to transfer her investment property into the ownership of her son, the Applicant, whereby the Applicant had emailed the NIHMO Unit to advise them that the property had changed ownership and they had been advised that the date of transfer had ceased the effect of the current licence and the Council was treating the application as an application for a new licence.

            He stated that he believed the use of the 2015 subject plan had been unlawful, in that the plan had been drafted for different purposes.  He further stated that assessments undertaken would not necessarily be accurate and that there was a major need for accommodation of this type within the locality.

            He explained that, the area was one that demanded affordable accommodation for young adults, students and young professionals and failure to grant licences would further contribute to a housing crisis, and that granting of the licence would not result in overprovision.

Proposal

            Moved by Councillor T. Kelly,

            Seconded by Councillor M. Kelly,

            That the Committee agrees to refuse the application, on the basis that granting the licence would result in overprovision. 

            On a recorded vote, fourteen Members voted for the proposal and one against and it was declared carried.

(Councillor Murray returned to the meeting)