Agenda item

(time limit 30 minutes)

(Motion 1 is being hosted by the Adminstration)

Motion 1: Article 4(1) direction on small HMOs

To be Moved by: Councillor Hince
to be Seconded by: Councillor Hindle

 

Residents are rightly concerned with the number of Houses of Multiple Occupancy (HMO’s) which are currently being introduced across the borough.

 

We have always believed HMOs are a symptom of the housing crisis and not a solution. In some cases, exploiting some of the most vulnerable people within our community through substandard and unsafe accommodation.

 

Whilst it is not possible to prevent full planning applications from being submitted, we can act to close the loophole that allows for permitted development rights for Houses in Multiple Occupation (HMOs) where between three and six unrelated people share basic amenities, such as a kitchen or bathroom.

 

Oldham Council currently permits, without the need for planning permission under ‘permitted development rights’, the change of use of a typical dwelling house occupied by a single household in use class C3, to a property used as a ‘small’ HMO that is shared by between three and six unrelated people in use class C4.

 

The Council can, however, adopt an Article 4 Direction to remove these permitted development rights. This will require a planning application to be submitted for change of use from class C3 to C4. This means due process will be applied giving residents a say in what happens in their communities.

 

We had hoped the government would introduce new legislation to make HMO developers more accountable and give residents a greater say by making it mandatory for small HMO developers to be licensed with the local authority.

 

In addition, the government has stated it is committed to removing all asylum applicants (approximately thirty thousand) from temporary hotel accommodation. We believe this action will inevitably mean further demand for HMOs.

 

We acknowledge and accept that the implementation of Article 4 borough wide will have a significant impact on available resources particularly the Planning Department. Therefore, to enable the council to gear up to meet requirements, the Civil Parish of Shaw & Crompton and Failsworth are to be prioritised with the implementation of Article 4. With Article 4 being extended to the rest of the borough no later than twelve months thereafter.

 

This Council resolves to:

 

1. As soon as possible, Cabinet to consider and make a direction pursuant to Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 on a borough wide basis prioritising the Civil Parish of Shaw & Crompton and Failsworth. Withdrawing the permitted development rights to convert a dwellinghouse (C3) to a House in Multiple Occupation (C4) is appropriate, and justified, to prevent harm to local amenity and promote the wellbeing of the aforementioned areas.

2.    To delegate authority to OMBC Planning Department to carry out all necessary consultation and to notify the Secretary of State in accordance with statutory requirements.

3.    That, the Shaw & Crompton Civil Parish and Failsworth wide Article 4(1) Direction will come into effect once made.

4.    To implement Article 4(1) Direction borough wide, no later than twelve months after coming into effect in the aforementioned priority areas.

 

Oldham Council cannot rely on or hide behind government legislation on this issue. An Article 4(1) Direction can be used to manage HMO concentration and prevent the formation of imbalanced communities and negative impact on local amenity. 

 

If the Council values resident’s opinions and puts communities at the forefront of decision making, it must give residents a voice and a transparent process to ensure that their views are heard.

 

The adoption of this motion demonstrates to the people of the borough that the council is prepared to act in their interests. 

 

Motion 2: Fair Funding Review

To be Moved by: Councillor Jabbar
To be Seconded by: Councillor Shah

 

This Council notes the devastating impact of Conservative/Liberal Democrat Coalition and Conservative Government austerity on Oldham Council and more widely on the people of Oldham. Due to austerity, Oldham Council had to make cuts of over £240m, leading to constant service reorganisation, loss of one third of Council staff and cuts in services for local residents. More widely, lack of investment in social and affordable housing contributed to rising homelessness; Oldham’s Magistrate Court closed in 2016, County Court in 2017 followed by the Tax Office and the Department for Work and Pensions Office at Phoenix House in 2022.

 

This Council welcomes

1. the steps taken by the Labour Government in the 2025 Spending Review to repair the damage inflicted on the public services we all depend on by delivering Labour’s Plan for Change: building strong foundations, kick?starting economic growth, cutting hospital waiting lists, giving children the best start in life, securing control of the country’s borders, putting police back on the beat, building 1.5 million new homes, and securing home?grown energy.
2. The consultation on the Fair Funding Review 2.0 which seeks to simplify and reform central government funding for local councils, recognising the higher demands on local government services in areas like Oldham with high levels of deprivation and where a higher proportion of properties are in lower Council Tax Bands. The Review also proposes a new formula to address councils like Oldham’s low Business Rate base and a three-year settlement which will enable stability in finances and proper planning as opposed to the past 6 years of annual settlements under the Conservative Government.
3. The recognition of the efforts made by Oldham Council to improve service delivery, despite the very real budgetary constraints arising from 14 years of central government funding cuts to 2024, being named the Most Improved Council at the Local Government Chronicle Awards 2025, a prestigious national award that recognises transformation and progress.

 

This Council resolves to respond to the Fair Funding Review consultation supporting:

1. The proposed changes to improve funding for councils like Oldham who have a lower tax base, a lower Business Rates base and a higher level of demand for their services.
2. A three-year funding settlement that will support long term planning
3. A level of funding that will ensure Oldham Council can provide the level of essential services needed by Oldham residents.

Motion 1: Article 4(1) direction on small HMOs

Councillor Hince MOVED and Councillor Hindle SECONDED the following Motion:

 

Residents are rightly concerned with the number of Houses of Multiple Occupancy (HMO’s) which are currently being introduced across the borough.

 

We have always believed HMOs are a symptom of the housing crisis and not a solution. In some cases, exploiting some of the most vulnerable people within our community through substandard and unsafe accommodation.

 

Whilst it is not possible to prevent full planning applications from being submitted, we can act to close the loophole that allows for permitted development rights for Houses in Multiple Occupation (HMOs) where between three and six unrelated people share basic amenities, such as a kitchen or bathroom.

 

Oldham Council currently permits, without the need for planning permission under ‘permitted development rights’, the change of use of a typical dwelling house occupied by a single household in use class C3, to a property used as a ‘small’ HMO that is shared by between three and six unrelated people in use class C4.

 

The Council can, however, adopt an Article 4 Direction to remove these permitted development rights. This will require a planning application to be submitted for change of use from class C3 to C4. This means due process will be applied giving residents a say in what happens in their communities.

 

We had hoped the government would introduce new legislation to make HMO developers more accountable and give residents a greater say by making it mandatory for small HMO developers to be licensed with the local authority.

 

In addition, the government has stated it is committed to removing all asylum applicants (approximately thirty thousand) from temporary hotel accommodation. We believe this action will inevitably mean further demand for HMOs.

 

We acknowledge and accept that the implementation of Article 4 borough wide will have a significant impact on available resources particularly the Planning Department. Therefore, to enable the council to gear up to meet requirements, the Civil Parish of Shaw & Crompton and Failsworth are to be prioritised with the implementation of Article 4. With Article 4 being extended to the rest of the borough no later than twelve months thereafter.

 

This Council resolves to:

 

1. As soon as possible, Cabinet to consider and make a direction pursuant to Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 on a borough wide basis prioritising the Civil Parish of Shaw & Crompton and Failsworth. Withdrawing the permitted development rights to convert a dwellinghouse (C3) to a House in Multiple Occupation (C4) is appropriate, and justified, to prevent harm to local amenity and promote the wellbeing of the aforementioned areas.
2. To delegate authority to OMBC Planning Department to carry out all necessary consultation and to notify the Secretary of State in accordance with statutory requirements.
3. That, the Shaw & Crompton Civil Parish and Failsworth wide Article 4(1) Direction will come into effect once made.
4. To implement Article 4(1) Direction borough wide, no later than twelve months after coming into effect in the aforementioned priority areas.

 

Oldham Council cannot rely on or hide behind government legislation on this issue. An Article 4(1) Direction can be used to manage HMO concentration and prevent the formation of imbalanced communities and negative impact on local amenity. 

 

If the Council values resident’s opinions and puts communities at the forefront of decision making, it must give residents a voice and a transparent process to ensure that their views are heard.

 

The adoption of this motion demonstrates to the people of the borough that the council is prepared to act in their interests.

 

AMENDMENT 1

 

Councillor Taylor MOVED and Councilllor Davis SECONDED the following AMENDMENT 1

 

Residents are rightly concerned with the number of Houses of Multiple Occupancy (HMO’s) which are currently being introduced across the borough.

 

We have always believed HMOs are a symptom of the housing crisis and not a solution. In some cases, exploiting some of the most vulnerable people within our community through substandard and unsafe accommodation.

 

Whilst it is not possible to prevent full planning applications from being submitted, we can act to close the loophole that allows for permitted development rights for Houses in Multiple Occupation (HMOs) where between three and six unrelated people share basic amenities, such as a kitchen or bathroom.

 

Oldham Council currently permits, without the need for planning permission under ‘permitted development rights’, the change of use of a typical dwelling house occupied by a single household in use class C3, to a property used as a ‘small’ HMO that is shared by between three and six unrelated people in use class C4.

 

The Council can, however, adopt an Article 4 Direction to remove these permitted development rights. This will require a planning application to be submitted for change of use from class C3 to C4. This means due process will be applied giving residents a say in what happens in their communities.

 

We had hoped the government would introduce new legislation to make HMO developers more accountable and give residents a greater say by making it mandatory for small HMO developers to be licensed with the local authority.

 

In addition, the government has stated it is committed to removing all asylum applicants (approximately thirty thousand) from temporary hotel accommodation. We believe this action will inevitably mean further demand for HMOs.

 

We acknowledge and accept that the implementation of Article 4 borough wide will have a significant impact on available resources particularly the Planning Department.

 

This Council resolves to:

 

1. As soon as possible, Cabinet to consider and make a direction pursuant to Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 on a borough wide basis. Withdrawing the permitted development rights to convert a dwellinghouse (C3) to a House in Multiple Occupation (C4) is appropriate, and justified, to prevent harm to local amenity and promote the wellbeing of the aforementioned areas.

2.    To delegate authority to OMBC Planning Department to carry out all necessary consultation and to notify the Secretary of State in accordance with statutory requirements.

3.    That, the Borough wide Article 4(1) Direction will come into effect once made.

4.    To put existing and prospective HMO landlords on notice that OMBC will look to implement the Article 4(1) Direction on 1^st January 2026.

 

Oldham Council does not intend to rely on or hide behind government legislation on this issue.

An Article 4(1) Direction can be used to manage HMO concentration and prevent the formation of imbalanced communities and negative impact on local amenity. 

As a resident focused Council, we value residents’ opinions and put communities at the forefront of decision making. We are committed to giving residents a voice and a transparent process to ensure that their views are heard.

The adoption of this motion demonstrates to the people of the borough that the council is prepared to act in their interests. 

 

On being put to the vote AMENDMENT 1 was CARRIED.

 

AMENDMENT 2:

Councillor Arnott addressed Council and announced that he was WITHDRAWING AMENDMENT 2 to the MOTION, that was to be seconded by Councillor Adams.

 

AMENDMENT 3

 

Councillor Sharp MOVED and Councillor Quigg SECONDED AMENDMENT 3

 

4. This Council will immediately implement a Borough wide Article 4(1) Direction alongside the aforementioned priority areas.

 

On being put to the vote AMENDMENT 3, was LOST.

 

On being put to the vote the MOTION, as AMENDED by AMENDMENT 1, was CARRIED unanimously.

 

RESOLVED:

1.    That, as soon as possible, Cabinet be requested to consider and make a direction pursuant to Article 4(1) of the Town and Country Planning (General Permitted Development) Order 2015 on a borough wide basis. Withdrawing the permitted development rights to convert a dwellinghouse (C3) to a House in Multiple Occupation (C4) is appropriate, and justified, to prevent harm to local amenity and promote the wellbeing of the aforementioned areas.

2.    That authority be delegated to the OMBC Planning Department to carry out all necessary consultation and to notify the Secretary of State in accordance with statutory requirements.

3.    That, the Borough wide Article 4(1) Direction will come into effect once made.

4.    That to put existing and prospective HMO landlords on notice that OMBC will look to implement the Article 4(1) Direction on 1^st January 2026.

 

Oldham Council does not intend to rely on or hide behind government legislation on this issue.

An Article 4(1) Direction can be used to manage HMO concentration and prevent the formation of imbalanced communities and negative impact on local amenity. 

As a resident focused Council, we value residents’ opinions and put communities at the forefront of decision making. We are committed to giving residents a voice and a transparent process to ensure that their views are heard.

The adoption of this motion demonstrates to the people of the borough that the council is prepared to act in their interests. 

 

Motion 2: Fair Funding Review

Councillor Jabbar MOVED and Councillor Shah SECONDED the following Motion:

 

This Council notes the devastating impact of Conservative/Liberal Democrat Coalition and Conservative Government austerity on Oldham Council and more widely on the people of Oldham. Due to austerity, Oldham Council had to make cuts of over £240m, leading to constant service reorganisation, loss of one third of Council staff and cuts in services for local residents. More widely, lack of investment in social and affordable housing contributed to rising homelessness; Oldham’s Magistrate Court closed in 2016, County Court in 2017 followed by the Tax Office and the Department for Work and Pensions Office at Phoenix House in 2022.

 

This Council welcomes

a.    the steps taken by the Labour Government in the 2025 Spending Review to repair the damage inflicted on the public services we all depend on by delivering Labour’s Plan for Change: building strong foundations, kick?starting economic growth, cutting hospital waiting lists, giving children the best start in life, securing control of the country’s borders, putting police back on the beat, building 1.5 million new homes, and securing home?grown energy.

2. The consultation on the Fair Funding Review 2.0 which seeks to simplify and reform central government funding for local councils, recognising the higher demands on local government services in areas like Oldham with high levels of deprivation and where a higher proportion of properties are in lower Council Tax Bands. The Review also proposes a new formula to address councils like Oldham’s low Business Rate base and a three-year settlement which will enable stability in finances and proper planning as opposed to the past 6 years of annual settlements under the Conservative Government.
3. The recognition of the efforts made by Oldham Council to improve service delivery, despite the very real budgetary constraints arising from 14 years of central government funding cuts to 2024, being named the Most Improved Council at the Local Government Chronicle Awards 2025, a prestigious national award that recognises transformation and progress.

 

This Council resolves to respond to the Fair Funding Review consultation supporting:

1.    The proposed changes to improve funding for councils like Oldham who have a lower tax base, a lower Business Rates base and a higher level of demand for their services.

2. A three-year funding settlement that will support long term planning

3.    A level of funding that will ensure Oldham Council can provide the level of essential services needed by Oldham residents.

 

On being put to the vote the MOTION was CARRIED.

 

RESOLVED:

That this Council resolves to respond to the Fair Funding Review consultation supporting:

1.    The proposed changes to improve funding for councils like Oldham who have a lower tax base, a lower Business Rates base and a higher level of demand for their services.

2.    A three-year funding settlement that will support long term planning

3.    A level of funding that will ensure Oldham Council can provide the level of essential services needed by Oldham residents.