To update the Executive on the results of the selective licensing consultation in the following areas;

Trinity,  Gannow,  Queensgate, Daneshouse and Stoneyholme.

To consider further selective licensing designation areas in Trinity, Gannow and Queensgate and to consider a new selective licensing designation for the Daneshouse and Stoneyholme area, along with the fee structure, staffing structure, budget implications and licence conditions

Councillor Mark Townsend left the room and did not take part in this item.

Councillor John Harbour was in the Chair for this item.

Purpose.

To update the Executive on the results of the selective licensing consultation in the following areas:

Trinity, Gannow, Queensgate, and Daneshouse and Stoneyholme

To consider further selective licensing designation areas in Trinity, Gannow and Queensgate and to consider a new selective licensing designation for the Daneshouse and Stoneyholme area, along with the fee structure, staffing structure, budget implications and licence conditions.

Reason For Decision.

The Council have satisfied the statutory tests in Section 80 of the Housing Act 2004, in relation to the conditions required to designate an area for selective licensing in that;

the proposed designation areas are suffering from low housing demand.  In addition, the Daneshouse and Stoneyholme proposed designation area has poor property condition within the private rented sector.

Making a designation will when combined with other measures taken in the area by the local authority or by other persons together with the local authority, contribute to the improvement of the social or economic conditions in the area.

The pockets of significantly high numbers of private rented properties are exacerbating the problem of low demand through poor property management and poor housing conditions.  Selective licensing will help to address the problems associated with low demand by compelling those landlords that are not operating to minimum required standards to improve the management practices and the condition of their properties.  This will improve the housing offer which in turn will help improve the unpopular perspective that residents have of these neighbourhoods.

Proactive inspections in the proposed Daneshouse and Stoneyholme selective licensing area have shown that the privately rented properties are in poor condition and a high percentage of the properties have category 1 hazards, inadequate smoke detection and the absence of a Gas Safety Certificate.

The continued introduction of selective licensing areas in Burnley is key to the Council’s strategy to tackle low demand, improve the quality of homes within the borough and create a balanced housing market to support social and economic improvements.

Housing plays a fundamental role in delivering sustainable neighbourhoods, facilitating social and environmental improvements and promoting economic growth. The Council believe that selective licensing has an important role to play and offers valuable support to existing initiatives to tackle empty homes, prevent homelessness, create high quality neighbourhoods and reduce anti-social behaviour.

An option appraisal detailed in paragraph 10 of appendix A to this report looks at other powers and options that are available to the Council with the reasons why they could not be used as an alternative to the proposed selective licensing designations.  They will be used as support tools as part of an integrated programme of measures to improve the social, economic and environmental conditions of the areas.

In April 2015 a new General Approval came into force where by local authorities will be required to obtain confirmation from the Secretary of State for any selective licensing schemes which cover more than 20% of the geographical area or would affect more than 20% of privately rented homes in the local authority area.  When combined with the current selective licensing areas of Ingham and Lawrence Street, Burnley Wood with Healey Wood and the Leyland Road area, the new proposals will affect 45% of privately rented homes in Burnley.

The Council have taken all reasonable steps to consult persons likely to be affected by the proposed designations and have considered all representations made.

In the Trinity, Gannow and Queensgate proposed designation areas the majority of respondents supported the Council’s proposals for selective licensing.

In the Daneshouse and Stoneyholme area the majority of all respondents did not support the Council’s proposals.  However, when the respondents are split between landlords and homeowners the majority of the homeowners (55%) did agree with the Council’s proposals.  While the Council have fully considered the representations received, the factors of low demand and the significant poor housing conditions support the case to progress with selective licensing.

Decision.

(1)  That the areas detailed in plans A to D and Street lists A to D be approved as selective licensing areas for a maximum period of 5 years for the reasons detailed in Appendix A, Burnley Borough Council’s Proposal to Approve Selective Licensing Areas;

(2)  That the submission of an application to the Secretary of State be approved for the confirmation of the Trinity, Gannow, Queensgate, Daneshouse and Stoneyholme selective licensing designation areas;

(3)  That the Fee Structure and Charging Policy in Appendix B to this report be approved;

(4)  That the staffing structure in Appendix C to this report be approved;

(5)  That the Licensing Conditions detailed in Appendix D to the report be approved; and

(6)  That Full Council be recommended to approve the financial implications detailed in this report and creates a budget of £314,496 for Quarter 2 of 2019/20 which will be recovered through the fee income.