Responses from Matt Rodda

Matt Rodda Response – Part 1

Dear Tim,

Many thanks for your email and letter. Please accept my sincere apologies for the delay in replying to you – I have been considering your letter in depth.

Pavement Parking

I note the recent debate in Parliament on this topic which can be found here:

https://hansard.parliament.uk/commons/2023-03-13/debates/4479BB2C-49BD-47FD-9C76-5149A8A12DF7/PavementParking 

As well as the “Pavement Parking: Options for Change” Consultation which can be found here:

https://www.gov.uk/government/consultations/managing-pavement-parking/pavement-parking-options-for-change  

And the most recent (albeit not up to date) briefing from the House of Commons Library on the topic here:

https://commonslibrary.parliament.uk/research-briefings/sn01170/  

In particular I note Afzal Khan MP’s comments during the debate, referred to above, in which he presses the Government for further action on this topic:

“In 2020, the Government held a consultation called “Pavement parking: options for change”. There have been written questions on when we can expect the outcome of the consultation; the response every time is “As soon as possible.” We are now on our fifth responsible Minister since the consultation closed. Government instability aside, surely the Minister agrees that two years, three months and 19 days is more than enough time to prepare a response. I hope he will be able to make “as soon as possible” mean sooner rather than later.”

I will keep a close eye on developments in Parliament on the topic of including verges within any national prohibition on parking on pavements, and thank you for bringing this to my attention.

Parking for HMO’s and Enlarged Properties

I have been in touch with West Berkshire Council and shall get back to you as soon as I have a reply on this topic.

Reforms to National Planning Policy

I note the current Inquiry into Reforms to the National Planning Policy which can be found here:

https://committees.parliament.uk/work/7281/reforms-to-national-planning-policy/publications/  

As well as the House of Commons Library briefing on this topic which can be found here:

https://commonslibrary.parliament.uk/research-briefings/cdp-2023-0002/  

I also note that the Bill is currently in the House of Lords, having already passed through the House of Commons:

https://bills.parliament.uk/bills/3155  

I shall be keeping a close eye on developments with regards to this Bill as it moves through Parliament and thank you for bringing both your concerns about Street Votes and Permitted Development to my attention.

Building Regulations

Many thanks for bringing to my attention this issue – I shall get back to you on this topic as soon as possible.

If you have any queries about this email please do not hesitate to contact me.

Kind regards,
Matt Rodda MP
Member of Parliament for Reading East

Matt Rodda Response – Part 2

Dear Tim,

I hope you are well. Matt has received a reply from Wokingham Borough Council in relation to your enquiry about parking for HMO’s and enlarged properties, as well as in relation to your enquiry about building regulations.

Their response is as follows:
 
“Houses in Multiple Occupation
 
Privately-rented Houses in Multiple Occupation (HMOs) with between 3 to 6 tenants are classified as small or ‘C4 Houses in Multiple Occupation’. It is important to note that a dwelling can change use to a ‘small HMO’ without planning permission, unless a restriction in place through an area wide Article 4 direction. Planning permission is only required if a dwelling is changed to an HMO containing more than 6 occupants. This is referred to a ‘large HMO’.
 
Wokingham Borough Council has the power to regulate HMOs through the existing HMO licencing regime. A HMO licencing is independent of the planning regime, and is mandatory to HMOs that are:
 
– Occupied by five or more occupants which
– Form two households or more and
– Is not a flat in a purpose-built block containing three or more flats
– Occupiers share basic amenities – toilet, bathroom and/or kitchen
– It is their only or main residence including full-time students and use as a refuge from domestic violence and
– Rent or other consideration is payable
 
More details about HMO licensing are available here https://www.wokingham.gov.uk/housing-and-tenants/private-housing/houses-in-multiple-occupation-hmo/ 
 
As described above, not all HMOs require planning permission as described above and the requirement for a HMO licence is unconnected to whether planning permission is require or granted.
 
With regard to car ownership, the planning system cannot restrict the occupants of a HMO (or any type of accommodation) from owning a car. The right to own and use a car is generally considered a fundamental right and any restriction on this right would need to be supported by a compelling justification which would fall outside of the planning system or HMO licencing regime. Additionally, any such restriction would be difficult to enforce and could potentially be challenged in court as an infringement on individual rights.
 
That being said, local councils do have the power to regulate parking in certain areas and to impose restrictions on the use of parking spaces. For example, in exceptional circumstances Council’s can, upon granting planning permission for a change of use to a large HMO, restrict or limit the number of parking permits available for this address under this use. However, this would require the area to already have an existing parking permit regime in place in the area for which the HMO is located, and importantly, would not restrict the right of any occupant to own or use a car, and park it elsewhere.
 
With regard to extended dwellings, whether through a planning application or via permitted development rights, the ability for a council to restrict car ownership is equally difficult. The same principle applies to existing dwellings where existing occupants may decide to purchase an additional vehicle.
 
Building regulations
 
The role of Local Planning Authorities and the future announcements of planning reforms are separate to Building Control legislation and controls. The Building Safety Act has introduced the role of a Building Safety Regulator through the Health and Safety Executive to undertake a number of functions in respect of Building Control and the Building Regulations.
Further information and guidance can be sought at: https://www.hse.gov.uk/building-safety/regulator.htm 
 
Complaints regarding Approved Inspectors must be made initially through the individual company’s complaints procedure. If resolution is unable to be achieved, complaint can be escalated to CICAIR.  This is the Construction Industry Council Approved Inspectors Register  https://www.cicair.org.uk/ 
 
Finally, the government through the Department for Levelling Up, Housing and Communities is leading on a review of Building Control following the Grenfell enquiry. Further information can be sought from:
https://www.gov.uk/government/consultations/changes-to-the-building-control-profession-and-the-building-control-process-for-approved-inspectors”

I hope these answers are helpful, but please do not hesitate to contact us if you need further information or assistance in relation to these issues.

Yours sincerely,
Anna Hart
Caseworker
Office of Matt Rodda MP