Agenda item

Report of the City Planning Officer and Director of Development.

The Committee considered a report of the Chief Planning Officer and Development Director concerning a reported breach of planning control at 15 Trinity Square, involving the unauthorised use of three flats as short-term lets in excess of the 90 nights permitted per calendar year.

Prior to consideration of this item, Marianne Fredericks highlighted a declarable interest recorded on her register of interests in respect of this item. She advised the Committee that she had entered in to no material discussions on this issue with relevant Members or Officers and would not participate in the debate on this item. Consequently, she then withdrew from the meeting for the duration of the consideration of this matter.

It was noted that the principal issues of concern in considering this breach were the loss of residential flats, the effect on the amenity of residents in terms of noise and shared facilities, security concerns, and the impact on the building.Having regard to the provisions of the development plan and the material considerations, it was considered expedient to take enforcement action, under section 172 of the Town and Country Planning Act 1990, to remedy the breach of planning control.

In introducing the report, the Chief Planning Officer and Development Director informed the Committee that the owners of the flats in question had accepted they had been in breach of the 90 day limit and had co-operated entirely throughout the process. They had since submitted additional representations which expressed their view that they had taken steps to improve the security and facilities of the building. They advised that they had also been unaware of any noise complaints and expressed dissatisfaction at being the first owners to have such enforcement action taken against them and queried the motives of the complainants.

In debating the report, Members noted that excessive short-term letting was an issue of concern across the City and suggested that officers would need to give wider thought to the issue of monitoring and enforcement in this area. It was also suggested that guidance should be placed on the City Corporation’s website, with a view to informing residents affected by this issue of the sort of information that they would need to gather to facilitate enforcement.

In response to a query around the possibility of requiring certain companies who facilitated short-term lets to participate in enforcement, a Member who also served on the Barbican Residential Committee advised that discussions were on-going with one such major company, who were likely to insert clauses in their contracts reminding owners of the legal position. However, these discussions were not concluded and were currently limited to a single company; they would also not prevent people from intentionally circumventing these restrictions.

In response to queries around the rationale for this issue being presented to Committee, the Deputy Chairman suggested that it was important to be seen to be send a strong message given this was the first use of enforcement action and the very real concerns around the shortage of housing supply.

RESOLVED: That the Committee agree to:

·         issue Enforcement Notices in respect of flats 6, 9 and 15, 15 Trinity Square to secure the cessation of the unauthorised use; and

·         instruct the Comptroller and City Solicitor to serve copies on the owners and occupiers and any other persons having an interest in the land materially affected by the Notice.