To ask the Secretary of State for Communities and Local Government what powers local authorities have in relation to the development of houses in multiple occupation in areas identified as tourist destinations. (264107)

There are no planning powers conferred on local authorities specifically in relation to the development of houses in multiple occupation in areas identified as tourist destinations. But local authorities may make use of their general planning powers in such areas.

The Town and Country Planning (Use Classes) Order 1987 (as amended) is intended to be a deregulatory mechanism which removes the need for planning permission between certain specified uses by grouping into classes land uses which have similar implications for local amenity. The Use Classes Order defines dwelling houses under the C3 use class as houses used by a single person, any number of persons living together as a family, or by no more than six people living together as a single household.

HMOs do not fall within any of the specified use classes, and therefore are “sui generis” (in a class of its own) in terms of use. Planning permission is needed for a change of use to or from a sui generis use. Therefore, planning permission would be needed for a proposed change of use from a private dwelling to a HMO, or if such is deemed to have occurred.

The current definition of a dwelling house implies that up to six people living together as a single household should not, prima facie, be considered as a HMO. However local planning authorities may determine individual cases on the basis of “fact and degree” and may decide that a dwelling with fewer than six people living together other than as a single household constitutes a HMO.

In addition, local authorities have powers under the Housing Act 2004 to licence certain HMOs. These measures concern the condition and management of these properties and, again, are not specifically related to areas identified as tourist destinations.

To ask the Secretary of State for Communities and Local Government for what reasons her Department has decided not to continue with National Indicator 12; and what plans she has to replace it with a comparable indicator. (262609)

I have been asked to reply.

The Government remain committed to tackling the problems arising from rogue landlords providing private rented accommodation to illegal migrants. Having consulted the Local Government Association and the professional local government regulatory services body LACORS, we concluded that there are more effective alternative ways of promoting joint working between United Kingdom Border Agency officials and their local government counterparts across a broader spectrum of common interests than proceeding with the proposed National indicator 12. That includes the development of partnership working between local authorities and the new network of UK Border Agency local immigration teams, the majority of which will be in place by the end of next year. We will consider whether it would be appropriate to devise and consult on alternative indicators relating to immigration as part of the refresh of the National Indicator Set which is due to conclude in 2011.