Agenda item

            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 19 Sandymount Street.

            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 25th June, 2019 On 26th September, 2019, an authorised officer from the NIHMO Unit had inspected the property following the service of a Section 78 Notice: Powers of entry without warrant of the 2016 Act, which had resulted in enforcement action.

            He advised the Committee that an HMO licence application had been received from the owner of the accommodation on 26th September, 2019, which had been subsequently rejected by the NIHMO Unit on 4th October, 2019, on the grounds that granting the application of the new licence would constitute a breach of planning control. The applicant had submitted an application for a Temporary Exemption Notice on 9th October, which had been granted until 17th January, 2020.

            He informed the Committee that both 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-time or night-time noise or rubbish accumulation. However, there had been was one incident which had resulted in the service of an Article 21 notice in accordance with The Waste and Contaminated Land (Northern Ireland) Order 1997 in February 2018, that required the occupier to place the waste for collection in receptacles of a kind and number specified.

            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 1st June, 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 Chairperson welcomed Mr. P. MacDermott, the Applicant’s solicitor, to the meeting.

            Mr. MacDermott stated that the purpose of the HMO legislation was to grant the Committee the powers to decide whether a HMO licence should be granted and was not a mathematical exercise to ascertain overprovision.  He referred to comments made earlier in the meeting, by a Member of the Committee, whereby if the Committee were to embark on a blanket ban of all new HMO licence applications presented, it would be unlawful and that the Committee had a duty and responsibility to consider each and every application on its own merits.

            He explained to the Committee that, due to personal circumstances, the Applicant had to move to another area to care for his father and was unable to make the application.  He added that there was no provision within the locality for HMO accommodation and that the Committee must consider the need within the area.  He asked for the Committee to consider the fact that the property had been operating as an HMO since 1988.

            The Divisional Solicitor responded to Mr. MacDermott’s comments by stating that the Council did not operate a blanket ban on applications and was obliged to have regard to the relevant legislation which required the Committee, when assessing overprovision, to have due regard to the number of licensed HMO accommodations in the area.  She added that the Committee did take into account representations and material considerations which had been made in support of applications and that it was a matter for the Committee to decide what weight to attach to those considerations.

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