FOI request (FOIR-766579858)

I would like to request the following information under the Freedom of Information Act. This relates to how the council calculates the 10% HMO concentration for C3 to C4 applications within the Article 4 area.

Article 4: In order to support mixed and balanced communities and maintain an appropriate housing mix within the Borough, applications for changes of use from: • A Class C3 (dwelling house) to a Class C4 (House in Multiple Occupation), or; • A Class C3 (dwelling house) to a House in Multiple Occupation in a sui generis use (more than six people sharing); will not be permitted where more than 10% of the total numbers of properties within a 100m radius of the application property are already in use as either Class C4, or other types of HMO in a sui generis use.

1. How does the council identify all HMOs within 100 metres when checking the 10% rule for C3 to C4 applications? 

2. Does the council include unlicensed HMOs such as three and four person shared houses in the 10% calculation?

3. What records does the council hold that show unlicensed HMOs? If none exist, please confirm this.

4. If the council does not have records of unlicensed HMOs, how are these HMOs included in the 10% figure?

5. Please provide the definitions the council uses for a C4 HMO and for an HMO in planning terms when applying the ten percent rule.

6. Please provide the council’s definition of what must be counted when applying the 10% rule under the Article 4 direction, including how the council defines an HMO for this calculation.