Homes in Multiple Occupation (HMO) Development Plan Document (DPD) Submission Draft

What stage is the HMO DPD?

The Council has prepared the HMO DPD Submission Draft (Regulation 19) which it intends to submit for independent Examination.  The HMO DPD sets out the detailed policy framework that will be used for the determination of HMO planning applications in Coventry. The policies contained within the DPD provide further detail to the strategic policies set out in the Council’s Local Plan and City Centre Area Action Plan. The Plan covers the whole of the city and once adopted, the HMO DPD will form the overall statutory development plan for the city.

Publication (Regulation 19) Representations Stage

The HMO DPD will be published between 27 March 2023 – 23:59 15 May 2023, in accordance with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. This statutory period allows representations to be made prior to the Council submitting the HMO DPD to the Secretary of State for examination.

The guidance notes below have been designed to help anyone who wishes to make a representation(s) on the HMO DPD, accompanying Sustainability Appraisal (SA) report and/or the Equalities Impact Assessment (EqIA). 

Deadline for Representations

Representations must be submitted to the Council between Monday 27 March 2023 to 23:59pm on Monday 15 May 2023.  The Council will not accept representations received after the deadline. The Council cannot accept anonymous representations.

Representation Forms

We strongly recommend that all representations are made using the standard representation form provided and submit it by email or post, or print it off to provide a handwritten response and post it to us. This helps to ensure that all comments received are relevant and that the correct information is collected to allow representations to be considered fully by the Planning Inspector.

You can submit your representation in a number of ways: 

1. The Council’s preferred method is for representations to be submitted online through the Council’s website and completing the representation form: https://coventrycitycouncil.inconsult.uk/system/home

2. You can submit completed forms by email to: planningpolicy@coventry.gov.uk or by post: Planning Policy Team, PO Box 15, Council House, Earl Street, Coventry, CV1 5RR

3. Completing a hard copy representation form from any of the 17 libraries in the city, during normal opening hours and posted to the above address.

Data Protection and Privacy

To ensure an effective and fair examination, it is important that the Inspector and all other participants in the examination process can know who has made representations on the plan. The Council will therefore ensure that the names of persons or organisations making representations can be made available (including publication on the council’s website and/or consultation portal) and considered by the Inspector. 

We are unable to accept anonymous representations. All duly made representations, together with the names of respondents, will be made available on the Council’s website. Personal information such as telephone numbers, addresses, and email addresses will not be published. By submitting a representation, you are confirming that you understand that your response will be published in full, together with your name, including on our website.

The information you provide (including address, telephone numbers, email addresses, etc.) will also be shared with the Programme Officer and the Planning Inspector(s), to be used only for the purposes of conducting the examination. 

If you choose not to provide data for this purpose, or ask us to erase your data, you will be unable to participate in the HMO DPD Examination process. You have the right to access your personal data and to ensure the council is processing it in the correct way. For further information about how we and the Planning Inspector use your personal information, please visit our privacy policy.

View the Planning Policy Privacy Notice

It is important when making representations that you are as succinct as possible.

Suggesting Modifications

If you wish to make a representation seeking a modification to the plan or part of the plan you should set out clearly in what way you consider the plan or part of the plan is legally non-compliant or unsound, having regard as appropriate to the soundness criteria set out in section 4 below. Your representation should be supported by evidence wherever possible. It will be helpful if you also say precisely how you think the plan should be modified. 

You should provide succinctly all the evidence and supporting information necessary to support your representation and your suggested modification. You should not assume that you will have a further opportunity to make submissions. Any further submissions after the plan has been submitted for examination may only be made if invited by the Inspector, based on the matters, issues and questions he or she identifies. 

Group Representations

Where groups or individuals share a common view on the plan, it would be very helpful if they would make a single representation which represents that view, rather than a large number of separate representations repeating the same points. In such cases the group should indicate the name of the group and the names of people it is representing including how the representation has been authorised.

Appearing at the Examination

You can indicate on the representation form whether you wish to participate in the hearings. Please consider carefully how you would like your representation to be dealt with in the Examination, for example, whether you are content to rely on your written representation, or whether you wish to take part in hearing session(s). Only representors who are seeking a modification to the plan have a right to be heard at the hearing session(s) if they so request. In considering this, please note that written and oral representations carry the same weight and will be given equal consideration in the examination process. 

What should representations relate to?

The purpose of the examination is to consider whether the HMO DPD is:

• legally compliant;
• satisfies the Duty to Co-operate; and 
• meets the tests of soundness

Representations received on the HMO DPD must address these matters. They are explained in more detail below, but as a general rule:

1. If the representation relates to the way in which the council has prepared the HMO DPD, it is likely to relate to a matter of legal compliance or the Duty to Co-operate. 
2. If the representation relates to the contents of the HMO DPD, it is likely to relate to its soundness.

Representations should succinctly cover all the information, evidence and supporting information necessary to support or justify the representation and any suggested modification to the HMO DPD.

Further submissions will only be accepted at the request of the Inspector. Please note that any comment submitted during previous consultation stages of the HMO DPD will not be incorporated into this stage of the process. Only representations received by the council during the Publication period will be provided to the Planning Inspector for consideration as part of the Examination.  

When do I need to make a separate representation?

If your representation covers multiple topics, policies, paragraphs and tests of soundness it is important that you submit a separate Part B form for each (you only need to submit one Part A form but please ensure that you include your name and name of organisation on each Part B form submitted).

How to fill in the Representation Form 

There are two parts to the Representation Form:

Part A: Contact Information

Questions 1 and 2

You should provide all your contact details in full, including that of any Agent you are using to represent you. This is used to identify who made the representation(s) and so that you can be contacted subsequently, as necessary. The council cannot accept anonymous representations.

You should sign in the box provided at the end of Part A, in order to agree to your name, name of organisation and representation being made available for public inspection. You should also tick or select whether you would like to be notified of subsequent stages of the HMO DPD process.

Part B: HMO DPD Representation

This is where you need to make your representation regarding the legal compliance or soundness of the HMO DPD. It is important that you use a separate Part B form for each representation made. Please include your name and/or organisation (if applicable) at the top of each Part B form that you use.

If you use additional sheets, please ensure that your name and organisation are included and it is clear to which question each sheet relates. You are advised to keep your comments clear and concise for the benefit of the Inspector.

Depending on the nature of your representation you may not need to answer every question in Part B, but in all cases please ensure you sign the declaration at the end of Part A of the Representation Form.

Question 3

Please state which part of the HMO DPD your representation relates to.  It is vital that the Inspector knows what part of the plan your representation relates. Please ensure that you clearly identify the paragraph and/or policy that your comment relates to and if it relates to more than one of these, use a different Part B form for each one.

Questions 4 to 6

Please state whether each representation relates to legal compliance, the Duty to Co-operate, or soundness, your reasons for this and also the modification(s) you consider necessary to make the HMO DPD legally compliant and sound.

Legal Compliance

The Inspector will first check that the HMO DPD meets the legal requirements under the Planning and Compulsory Purchase Act 2004, as amended by the Localism Act 2011, regarding the Duty to Co-operate, before moving on to consider the tests of soundness. You should consider the following points before making a representation on legal compliance.

• The HMO DPD should be included in the current Coventry Local Development Scheme (LDS) and the key stages should have been followed. 
• The process of community involvement in the preparation of the HMO DPD should be in general accordance with the council’s Statement of Community Involvement (SCI). 
• The HMO DPD should comply with the relevant Acts and Regulations; in particular the Town and Country Planning (Local Planning) (England) Regulations 2012. 
• On publication, the council must publish the documents in accordance with the Regulations.
• Coventry Council is required to produce a Sustainability Appraisal Report and Habitats Regulations Assessment when they publish a Development Plan Document. This should identify the process by which the Sustainability Appraisal and Habitats Regulations Assessment have been carried out, and the baseline information used to inform the process and the outcomes of that process. 
• The HMO DPD should have regard to national policy specifically the National Planning Policy Framework (NPPF).

Duty to Co-operate

The HMO DPD should meet the legal requirements under the Duty to Co-operate introduced by the Localism Act 2011.  Local authorities have a Duty to Co-operate on planning issues that cross administrative boundaries, particularly those of a strategic nature such as the provision of homes, jobs, retail and commercial development, infrastructure, health, leisure and community facilities.

The council is expected to provide evidence of how they have complied with the duty. Non-compliance with the duty to co-operate cannot be rectified after the submission of the plan. Therefore, the Inspector has no power to recommend modifications in this regard. Where the duty has not been complied with, the Inspector cannot recommend the adoption of the plan.

Soundness

Soundness is explained fully in the National Planning Policy Framework (see paragraphs 35 and 36).

View the National Planning Policy Framework

The Inspector has to be satisfied that the DPD is positively prepared, justified, effective and consistent with national policy.

If you wish to comment on more than one of the four matters of soundness in relation to a specific aspect of the HMO DPD, please complete a separate Part B sheet for each one. You should consider the following points before making a representation on the tests of soundness. These are based on guidance produced by the Planning Inspectorate. 

• Positively prepared – the HMO DPD should be prepared based on a strategy;
• Justified – the HMO DPD should be an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;
• Effective – the HMO DPD should be deliverable and based on effective joint working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground (where required, relevant and/or appropriate); and 
• Consistent with national policy – the HMO DPD should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework. 

These tests of soundness will be applied to the HMO DPD in a proportionate way.  If you wish to make a representation seeking a modification to the HMO DPD you should make it clear why you think it is unsound, having regard to the four tests set out above.  You should support your representation by evidence showing why the HMO DPD should be modified, including your suggested wording to modify the HMO DPD in order to make it sound.

Please note that the representation form allows you, if necessary, to make separate representation for the Sustainability Appraisal under Question 8. Any representation made under this question should relate to legal compliance, Duty to Co-operate and soundness. 

Questions 7 and 9

Please indicate whether you wish to participate in the Examination. The Examination will involve a series of Hearing sessions on matters which will be identified by the Inspector. The Hearings will be chaired by the Inspector and will focus on the legal compliance and soundness of the HMO DPD.

Please note that the Inspector will decide who should be invited to speak at the Hearing sessions, not the council, and the Inspector will decide the topics to be covered in each Hearing session, based on the issues raised by the representations received at this Publication stage. All representations will be considered fully by the Inspector regardless of whether they are heard at an Examination Hearing.

Taking Part in Local Plan Examinations

For information on Examinations please view the Government Guidance provided below:

View Government Guidance on Local Plan Examinations

Further Information

Further guidance on the preparation, publication and examination of Development Plans is provided in the National Planning Policy Framework (NPPF), which can be viewed on GOV.UK 

View the National Planning Policy Framework

This DPD and supporting documents has been informed by an evidence base which can be found using the below link

https://www.coventry.gov.uk/downloads/download/7399/evidence-base---houses-in-multiple-occupation-hmos