Agenda item

To consider a Notice of Motion proposed by Councillor A Cope, seconded by Cllr S Pilgrim on behalf of the Green Group.

Consideration was given to a Notice of Motion (26/001) pursuant to Council Procedure Rule No. 5.7 submitted by Cllr Cope in relation to the introduction of Article 4 Directions for Houses in Multiple Occupation (HMOs) (as set out on page 149).

As set out in the Notice, Cllr Cope proposed and Cllr Pilgrim seconded that the Council:

(1)             Make arrangements to compile the relevant evidence for the removal of permitted development rights by submitting documentation in support of an Article 4 Direction with regard to creating HMOs.

(2)             Approve the making of an Article 4 Direction to be brought into effect at the earliest opportunity. This will remove permitted development rights for the change of use from Use Class C3 dwellinghouses to Use Class C4 small Houses in Multiple Occupation for the entire borough of Tonbridge and Malling as identified within the Direction.

(3)             Authorise the Director of Central Services and Deputy Chief Executive to submit the relevant documentation to support the Article 4 Direction.

In recognition that local residents should be considered a priority and to align with the Borough Council’s Corporate Strategy to improve housing options for local people, Cllr Boughton proposed and Cllr Betts seconded, an amendment to the motion as set out below:

‘Council be asked to note that:

(1)            Cabinet has already instructed the Planning Policy team to prepare an Article 4 direction covering Houses in Multiple Occupation, and a report has already been prepared for the Housing and Planning Scrutiny Select Committee to consider at its meeting on Tuesday 19 May 2026.

Council be asked to agree that:

(2)            In line with the Tonbridge and Malling Borough Council Corporate Strategy priority to improve housing options for local people, Article 4 directions are an effective deterrent to prevent illegal immigrants accessing homes ahead of residents with a local need.

(3)            Given national planning policy advice that Article 4 directions be applied in a measured and targeted way, any Article 4 direction be focused on wards where there are live issues with HMOs, and local members are supportive of recommendation (2).

(4)            Approve the making of an Article 4 Direction to be brought into effect at the earliest opportunity. This will remove permitted development rights for the change of use from Use Class C3 dwellinghouses to Use Class C4 small Houses in Multiple Occupation for the entire borough of Tonbridge and Malling as identified within the Direction. 

(5)            Authorise the Director of Central Services and Deputy Chief Executive to submit the relevant documentation to support the Article 4 Direction.’

Following a formal vote on the amendment to the motion proposed by Cllr Boughton and seconded by Cllr Betts there was a majority in favour and this motion was carried and became the substantive motion.

A further amendment to the substantive motion, item (2),  was proposed by Cllr Clokey to  read  ‘…… an effective mechanism to prioritise the residents with a local need’.   This was seconded by Cllr Hood and following a formal vote this was motion was lost.

Following a formal vote on the substantive motion, Council

RESOLVED: That the actions requested by the Notice of Motion (26/001) as amended be agreed.