Public notices

Road Traffic Regulation Act 1984

The Hastings Borough Council (Off Street Parking Places) Consolidation Order 2015 - Notice of Variation No.1

Notice is hereby given by Hastings Borough Council under Section 35C of the Road Traffic Regulation Act 1984, as amended, and of all other enabling powers which will introduce the following changes in Off Street Car Parking charges:

The changes will come into effect on and from 1st April 2019 Where any charge under the Hastings Borough Council (Off Street Parking Places) Order 2015, as amended, has not been varied by this notice any such charge, as amended, shall continue in full force and effect.

Save only as specified in this notice, all the provisions of the above Car Parking Order of 2015, as amended, shall continue in full force and effect.

Local Government Act 1972
Section 123(1)(2A)

Notice of intended disposal of open space land in St Leonards-On-Sea, East Sussex

Notice is hereby given that Hastings Borough Council intends to dispose of a parcel of land, which is for identification purposes described in the schedule to this Notice, which consists of Open Space land.

A plan that identifies the precise location of the land in question is available to view at the Tourist Information Centre, Muriel Matters House, Breeds Place, Hastings, TN34 3UY or can be viewed on our website.

Objections to the proposed disposal must be made in writing to be received by the Chief Legal Officer, Hastings Borough Council, Muriel Matters House, Breeds Place, Hastings, TN34 3UY by no later than noon on Friday 1 March 2019, quoting the reference HM/001082.

Schedule

Description -  Land at West Marina, south of Seaside Road, St Leonards-on-sea
  
Approximate Area  -  1.94  hectares

Christine Barkshire-Jones, Chief Legal Officer

Dated:  8 February 2019

Former Bathing Pool Site

Notice of Designation

Designation of an area for additional licensing of houses in multiple occupation (HMOs)

Notice is hereby given in accordance with Section 59 Housing Act 2004 that the Hastings Borough Council acting as local housing authority in exercise of its powers under Section 56 of the Housing Act 2004 ("the Act") has designated for additional licensing of Houses in Multiple Occupation ("HMOs") the area described in paragraph 4.

Citation, commencement and duration

1. This designation may be cited as the Hastings Borough Council Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2017.
2. This designation is made on 10 October 2017 and shall come into force on 04 May 2018.
3. This designation shall cease to have effect on 03 May 2023 or earlier if the Council revokes the scheme under section 60 of the Act.

Area to which the designation applies

4.  The designation shall apply to the wards of Braybrooke, Central St. Leonards, Castle and Gensing in the Borough of Hastings.

Application of the designation

5. This designation applies to all HMOs as defined by section 254 and 257 of the Housing Act 2004 that are occupied by 3 or more persons comprising 2 or more households, within the area described in paragraph 4 unless:
a  the building is of a description specified in Annex A (Buildings that are not HMOs for the purpose of the Act- other than Part 1);
b  the HMO is subject to an Interim or Final Management Order under Part 4 of the Act;
c  the HMO is subject to a temporary exemption under section 62 of the Act;
d  the HMO is required to be licensed under section 55 (2) (a) of the Act (mandatory licensing) or
e  the HMO is of a description exempted by the local authority.

Effect of the designation

6. Subject to sub paragraphs 5(a) to (e) above, every HMO of the description specified in that paragraph in the area specified in paragraph 4 shall be required to be licensed under section 61 of the Act.

The decision to make the designation was approved by the Cabinet of the Hastings Borough Council on the 9th October 2017. The designation falls within a description of designations in relation to which the Secretary of State has given a general approval under section 58 of the Housing Act 2004, namely The Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 which came into force on the 1 April 2015.
A person having control of or managing a prescribed HMO must apply to the Hastings Borough Council for a licence.

Inspection of documents/application for licence

7. Any landlord, managing agent or other person managing a HMO or any tenant within the Borough may inspect the designation, apply for a licence or seek further information or advice as to whether their property is affected by the designation from:

Housing Renewal
Hastings Borough Council
Muriel Matters House, Breeds Place, Hastings TN34 3UY
Email: licensingrentedproperty@hastings.gov.uk
Tel.01424 451100
Opening Hours Monday - Thursday 9.00am to 4.45pm Friday 9.00am to 4.30pm

Enforcement

8. Upon the Designation coming into force on 4th May 2018

• any person who fails to apply for a licence in the designated area shall be guilty of an offence under Section 72(1) of the Act, and shall be liable to prosecution and liable to an unlimited fine. The Local Housing Authority may alternatively impose a  financial penalty of up to £30,000.
  
• In addition, they may be required to repay up to 12 months' rent if the tenant or the Council, in the case of housing benefit payments, apply to the Residential Property Tribunal under the provisions of section 73 and section 74 of the Housing Act 2004 for a rent repayment order.
• No Section 21 notice (Housing act 1988 ( recovery of possession on termination of shorthold tenancy)) may be given in relation to a shorthold tenancy of a part of an unlicensed HMO so long as it remains such an HMO.

Annex A: Buildings that are not HMOs for the purpose of the Act- other than Part 1 (Schedule 14 of the Act and Sl 2006/37)

Buildings controlled or managed by public sector bodies etc  (Paragraph 2 of schedule 14).
1. A building where the person managing or having control of it is (For the definition of "person managing" and "person having control" see section 263 of the Act) .
(a) a local housing authority
(aa) a non-profit registered provider of social housing
(b) a police and crime commissioner under section 1 of the Police Reform and Social Responsibility Act 2011 or the Mayor's Office for Policing and Crime under section 3 of the same Act.
(c) a fire and rescue authority under the Fire and Rescue Services Act 2004
(d) a health service body within the meaning of section 9 of the National Health Service Act 2006
(e) a body which is registered as a social landlord under Part 1 of the Housing Act 1996.
(f) a profit-making registered provider of social housing where it is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008 (Paragraph 2A of Schedule 14).

Buildings controlled or managed by a co-operative society (Paragraph 2B of Schedule 14).
2. A building where:
(a) the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out below is met, and
(b) no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy ("assured tenancy' has the same meaning as in Part 1 of the Housing Act 1988; "protected tenancy" has the same meaning as in the Rent Act 1977; "secure tenancy" has the same meaning as in Part 4 of the Housing Act 1985).
The conditions are:
(a) that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,
(b) that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,
(c) that each member has equal voting rights at such a meeting, and
(d) that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member's invitation.
For these purposes "co-operative society" means a body that:
(a) is registered as a co-operative society under the 2014 Act or is a pre-commencement society (within the meaning of that Act) that meets the condition in section (the 2014 Act" means the Co-operative and Community Benefit Societies Act 2014) 2(2)(a)(i) of that Act, and is neither:
(i) a non-profit registered provider of social housing, nor
(ii) registered as a social landlord under Part 1 of the Housing Act 1996.

Buildings regulated by other enactments (Paragraph 3 of Schedule 14)
3. A tenancy, licence or occupation of a house which is regulated under the following enactments:
(a) sections 87 to 87D of the Children Act 1989
(b) section 43 (4) of the Prison Act 1952
(c) section 34 of the Nationality, Immigration and Asylum Act 2002
(d) The Secure Training Centre Rules 1998 (SI1998/472 as amended by 2003/3005)
(e) The Prison Rules 199913 (SI1999/728 as amended by SI 2000/1794,SI 2000/2641, SI 2001/1149, Sl 2002/2116, Sl 2002/3135, Sl 2003/3301 and 2005/869)
(f) The Young Offender Institute Rules 2000 (SI2000/3371 as amended by Sl 2002/2117, Sl 2002/3135 and 2005/897)
(g) The Detention Centre Rules 200115 (Sl 2001/238 NB Section 66(4) of the Nationality, Immigration and Asylum Act 2002 provides that the reference to a detention centre is to be construed as a reference to a removal centre as defined in Part VIII of the Immigration and Asylum Act 1999)
(h) The Criminal Justice and Court Service Act 2000 (Approved Premises) Regulations 2001 (SI2001/850)
(i) The Care Homes Regulations 2001 (2001/3965 as amended by Sl 2002/865, Sl 2003/534, Sl 2003/1590, SI 2003/1703, Sl 2003/1845, s2004/664, Sl 2004/696, 2004/1770, 2004/2071 and 2004/3168)
(j) The Children's Homes (England) Regulations 2015 (SI 2015/541)
(k) The Residential Family Centres Regulations 2002 (SI  2002/3213 as amended by S12004/664, 2004/865 and 2004/3168)

Certain student lettings etc (Paragraph 4 of Schedule 14)
4. A building -
(i) which is managed or controlled by a specified educational establishment or is of a specified description of such establishments and
(ii) the occupiers of the house or dwelling are undertaking a full time course of further or higher education at the specified establishment (Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2013/1601) and
(iii) the house or dwelling is being managed in conformity with an Approved Code of Practice for the management of excepted accommodation under section 233 of the Act. (Housing (Codes of Management Practice) (Student Accommodation) (England) Order 2010/2615)

Religious communities (Paragraph 5 of Schedule 14)
5. A building which is occupied principally for the purpose of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering except if the building is a converted block of flats to which section 257 of the Act applies.
Buildings occupied by owners (Paragraph 6 of Schedule 14)
6. A building which is only occupied by:
(i) one or more persons who hold the freehold or a leasehold interest granted for a term of more than 21 years of the whole, or any part of, the building
(ii) and/or any member of the household (For the definition of "household" see section 258 (2) and paragraphs 3 and 4 of SI 373/2006Paragraph 6 of   Schedule 14) of that person or persons but this exemption does not apply to a converted block of flats to which section 257 of the Act applies, except for ascertaining the status of any flat within the block. 

Buildings occupied by resident landlord (Paragraph 6 of schedule14 and SI 2006/373)
7. A building which is occupied by a person or persons to whom paragraph 6 applies (subject to the proviso therein) and no more than two (Paragraph 6(2) of SI 2006/373) other persons, not forming part of the owner's household.

Buildings occupied by two persons (Paragraph 7 of Schedule 14)
8. Any building which is occupied by two persons (forming two households)

Meaning of "building" (Paragraph 1 of Schedule 14)
9. in this annex a "building" includes a part of a building  

Temporary traffic orders (streets affected by the order and map):

Notices of temporary traffic orders can be found on our Road closures page.