Agenda item

Report of the Strategic Director of Regeneration and Environment

Recommendations:-

1.    That the strong evidence and public support for the Selective Licensing of Private Rented properties in Thurcroft and Parkgate be noted.

2.    That the two areas in Thurcroft and Parkgate detailed in this report be designated as Selective Licensing Areas under Part 3 of the Housing Act 2004 through the designation orders in Appendix 5, subject to confirmation by the Secretary of State for Housing, Communities and Local Government.

3.    That the Selective Licensing Conditions contained in Appendix 3 in the new designation orders be adopted for all new licences granted across Rotherham.

4.    That, further to the adoption of the Selective Licensing conditions contained as at Appendix 3, approval be given to the proposed licence fee structure for the Thurcroft and Parkgate areas as set out in paragraph 6.1 below, and the application of this fee structure to all new Selective licences granted in Selective Licensing areas across Rotherham.

5.    That the Assistant Director, Community Safety & Street Scene be required to apply to the Secretary of State for Housing, Communities and Local Government to confirm the designations.

Further to Minute No. 22 of the Cabinet and Commissioners’ Decision Making Meeting held on 6^th August 2018, which approved a period of public consultation regarding the potential benefits of designating areas of Thurcroft and Parkgate for Selective Licensing of private rented housing.

This report, therefore, now provided detail of the feedback from the consultation with the majority of respondents expressing support for a mandatory selective licensing scheme, based on the evidence of deprivation, anti-social behaviour and environmental issues in these areas and the responses, comments and representations received.

Overall, 61% of respondents (221 responses) supported the idea of introducing Selective Licensing in these areas, with 18% (68 responses) disagreeing with the introduction. Of those supporting the introduction 68% of residents and businesses were in favour of introducing Selective Licensing in Thurcroft and Parkgate; 65% of landlords were against the proposals. 

Local Elected Members in Rawmarsh and Rother Vale Wards have been fully involved and were consulted at all stages of the process.

The Supreme Court judgement, Brown v Hyndburn Borough Council, 2018, did impact directly on the conditions that could be applied to licences issued under a Selective Licensing designation. Critically the findings of the Court prohibited the imposition of discretionary conditions on Selective Licences relating to the safety of property, as these matters could be effectively dealt with under primary legislation.

As a result the Supreme Court findings have been taken into account and the existing Selective Licensing conditions have been reviewed and updated of which Appendix 3 provided an overview of the review of the original forty-nine, followed by the listing of the updated thirty-five conditions that would be applied to new licences under the new designations.

Cabinet Members welcomed the impact that Selective Licensing had had in some areas and deemed it appropriate for this to be considered in other areas where it could make a difference to people’s lives and living conditions.

Resolved:-  (1)  That the strong evidence and public support for the Selective Licensing of Private Rented properties in Thurcroft and Parkgate be noted.

(2)  That the two areas in Thurcroft and Parkgate detailed in this report be designated as Selective Licensing Areas under Part 3 of the Housing Act 2004 through the designation orders in Appendix 5, subject to confirmation by the Secretary of State for Housing, Communities and Local Government.

(3)  That the Selective Licensing Conditions contained in Appendix 3 in the new designation orders be adopted for all new licences granted across Rotherham.

(4)  That, further to the adoption of the Selective Licensing conditions contained as at Appendix 3, approval be given to the proposed licence fee structure for the Thurcroft and Parkgate areas as set out in paragraph 6.1 of the report, and the application of this fee structure to all new Selective licences granted in Selective Licensing areas across Rotherham.

(5)  That the Assistant Director, Community Safety and Street Scene, be required to apply to the Secretary of State for Housing, Communities and Local Government to confirm the designations.