Calls grow to fix planning system and restore public trust

During a full council meeting, two motions were passed urging action on increasing residential density and what some councillors described as loopholes in the planning system - particularly around Houses in Multiple Occupation (HMOs).

Councillor Russell Simpson criticised the use of Certificates of Lawful Development (CLDs), describing them as a “convenient loophole” used by some landlords when planning permission has either not been sought or has been refused.

A CLD allows a landlord to establish the lawful use of a property as an HMO without needing to apply for full C4 class planning permission - a requirement introduced in 2010.

Speaking at the meeting, Cllr Simpson said there had been several controversial examples of CLDs being granted which appear to go against the council’s planning standards.

He cited a recent case on Sheffield Road, where a property owner applied for a CLD to transfer to a buyer, even though the house failed to meet HMO spacing standards.

“The house should not be able to continue as an HMO as we well know it would not have permission without the certificate - that’s a broken system and a loophole that undermines our standards,” he said.

He also referred to a property on Laburnum Grove, where a standard HMO application was refused due to inadequate lighting. Just two months later, the applicant submitted a CLD and received a recommendation for approval from planning officers. However, planning committee members “stuck to their guns” and refused it again.

Cllr Simpson stressed that, unlike full C4 planning applications, spacing standards and supplementary planning documents do not need to be considered when deciding a CLD.

“We set our standards and there should be no loop holes,” he said.

Councillor Hugh Mason, cabinet member for planning policy, backed the motion, calling it an issue “at the heart” of what affects “public confidence in the planning system”.

He warned that if residents feel elected councillors cannot represent their concerns on planning matters, it risks further eroding trust in the process.

Cllr Mason described CLDs as “merely a statement” of a property’s existing legal status, which can be used to “circumvent” local concerns about use or occupancy levels.

He also flagged proposed national reforms that would give council officers full decision-making powers on HMO applications, removing any public involvement. If implemented, he said, this would “seriously reduce public confidence”.

The motion calls on the council to write to ministers, raising concerns and urging a review of the relevant legislation, policy and guidance.

Another motion, brought forward by Cllr Benedict Swann, focused on planning and housing density – which he said was a frequent concern raised by residents.

“Governments of all colours have failed spectacularly to acknowledge the unique and severely limiting geography here in Portsmouth, whilst simultaneously hitting the city with ever more unrealistic housing targets, whilst we wrestle with inflexible and illogical planning regulations,” he said.

He described the Town and Country Planning Act as a source of “planning bilge” that has not been seriously challenged by any major political party.

He added that residents feel planning is “being done to them” and that they are treated as an “annoyance” in the process rather than as interested parties.

Cllr Swann’s motion calls on the council to raise these concerns with ministers and ensure better engagement with residents.

Both motions were approved.

Members of the public have until July 23 to respond to the government’s proposed reforms to planning committees.