Area of Student Housing restraint

[Jonboy]

Hi Peter,

wondering if you have any thoughts on this:

Newcastle city council are trying to implement a planning restirction in certain areas of newcastle (heaton, jesmond, fenham) to effectively stop landlords developing properties (adding rooms to a property) which they intend to let to students.

they have said that, planning permission on a property in the AoSHRe for a development that includes increasing the number of bedrooms in a property will only be granted on the basis that the owner accepts a restriction that forbids ever letting the property to students

i have heard that this sort of thing has been tried elsewhere and succesfully challenged. ever heard of that?

the popular sort of conversion in newcastle they are trying to stop is the conversion of 3 bed "upper tyneside flats" in to 2 storey 5/6 bedroom maisonettes.

any thoughts much appreciated

for the record i am opposed to this restriction, and am looking for a possible way to challenge it.

[pdk]

I remember reading in the planning press once about the problems that student concentrations can create but I cannot remember which Council this was...

It does sound like a heavy restriction and I think your starting point should be to ask the Council for some information on these counts: what is the reasoning behind the policy, where is the empirical evidence to back any planning justification and are there any successful precedents to support this sort of occupancy restriction?? The Government does not normally like occupancy restrictions, so the Council's justification would have to be very strong. You might also ask whether the area policy is adopted and whether any appeals have tested it...

After these questions have been answered by the Council, you will then need more in-depth advice and action.. a lot of research may be needed to ascertain whether you have a case..

Best of luck with it... PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html)and PROJECT TYPES (http://www.enablinguk.com/projecttypes.html)...

[MrShed]

I did hear about this Jonboy a while ago, but it then seemed to disappear somewhat from the local media....just kind of assumed it hadn't happened! It is, in my opinion, ridiculous legislation...the areas you mention thrive on on the student population....jesmond in particular would see a massive downturn if students no longer lived there.

With regards your query....I suspect it would be very difficult to enforce. You can always just say that you did not know they were students...I would like to see them prove otherwise! And how would they even know about them? Did they tell you anything about how they will enforce or what the punishments will be for breaching?