Changes to the law which governs how properties can be changed into 'houses of multiple occupation' (HMOs) for student use have today been condemned by Leeds campaigners.
The Leeds HMO Lobby is angry over the proposed changes to legislation which they claim will undermine their 10-year campaign to restrict planning permission for new student homes.
And the Headingley-based campaign group is now pinning its hopes on Milton Keynes council, which has requested the decision over the changes be taken to a judicial review. Councillors in Leeds have also voiced their concerns over the planned changes, which are due to come in on Friday.
'We are livid' say campaigners
Dr Richard Tyler, of the Leeds HMO Lobby, said:
"We are livid. The government goes on about Big Society and local communities making their own decisions. Communities around the country, not just Leeds, campaigned for a change in legislation around the country and won that change in April this year.
"Now the government has come in, said we're all in favour of Big Society and then immediately overruled the legislation communities campaigned for years and years.
"It is utter hypocrisy. Minister Grant Shapps visited this year when he was shadow housing minister and told us he would not change the impact of the previous government's legislation - he has reneged on it. We're being left back at square one after 10 years of campaigning."
Tyler said HMOs caused numerous issues within the North West Leeds area of Headingley, Weetwood, Hyde Park, Woodhouse, Burley and Kirkstall. He added:
"They cause all sorts of social, environmental and economic problems, but the most serious is the transience of the population. As occupants come and go, this entirely undermines local community spirit. In fact, recent research by Sheffield University has identified inner north west Leeds as having the worst community cohesion in the country."
Tyler said that family homes and HMOs both fell within the same 'use class' in planning law - so conversion to a HMO did not count as 'change of use', and so did not need planning permission (unlike any other form of housing development). He added:
"Last year, the government consulted on the issue, and 92% of those responding supported changes in planning legislation. At last, changes were introduced in April this year. Family homes and HMOs were separated into two 'use classes', so that conversion to HMO became a 'change of use' - and therefore required planning permission. Since April, the council has used these new powers to refuse permission for more HMOs.
"But now we are about to lose these powers again. After a brief consultation, they have announced that they will bring in new and different laws. From October, 'change of use' from a family home to a HMO will become 'permitted development' - which means that it won't need planning permission after all.
"The council will again have no powers to enforce the Area of Housing Mix. Ten years of campaigning by local communities, and extensive consultation, will be dismissed at a stroke."
Opt out of legislation
Tyler said that the council could opt out of the legislation and suspend permitted development in designated areas.
But he added:
"The problem is that the opt-out's intended to provide protection for conservation areas and deal with small-scale stuructures such as satellite dishes. The council would need to conduct a systematic survey of the whole area, and that could cost about half a million pounds.
"Secondly, if the council then turned down a planning application, the applicant could claim compansation. It could cost the council millions. It's just not workable."
The request for a judicial review into the government's decision was placed before the High Court by Milton Keynes last Thursday, with the support of Leeds council and half-a-dozen other university and seaside towns. A decision on whether there is a case will be made before Friday, when the new legislation is due to come into force.
Two Early Day Motions have been tabled by MPs in Parliament. They have the support of 18 MPs. Tyler said he hoped the motions would delay the implementation of the legislation as the government has the option to set up a committee to look into the issue.
Lobby's stance is backed by committee
At Thursday's Inner North West Area Committee meeting in Headingley, councillors backed the HMO Lobby's stance. The meeting agreed to write again to housing minister Shapps to ask him to reconsider his decision - they also agreed to invite him to Headingley to see the problems. It's understood Leeds Liberal Democrat leader Stewart Golton has also been lobbying the government on this issue.
Headingley Liberal Democrat councillor Martin Hamilton said Leeds North West MP Greg Muholland had voiced his concerns over the proposals. Hyde Park and Woodhouse Labour councillor Gerry Harper said he had been keeping MPs Hilary Benn and Fabian Hamilton informed of developments.
Labour Kirkstall councillor Bernard Atha added:
"It is a scandal that this issue should be considered so arbitrarily after so much campaigning by residents."
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