Councillors vote down 10% HMO cap deferral of LDP

Derry City and Strabane District councillors have voted down an amendment proposing the deferment of its Local Development Plan (LDP) because it did not contain a 10% cap on HMOs (Houses in Multiple Occupation).

The amendment was proposed by Cllr Shaun Harkin (PBP) earlier in the same meeting and was seconded by Ald Julie Middleton (DUP).

It stated: “Furthermore, Council will defer ratification of the LDP until Council officers provide members with a paper at the July Planning Committee explaining the impact of this motion and the mechanisms to ensure the 10% cap will be supported.”

Cllr Harkin brought the amendment to a substantive motion proposed by Cllr Grace Uí Niallais (SF) and seconded by Cllr Christopher Jackson (SF) which read: “This Council endorses the campaign requesting the introduction of a 10% cap on HMOs in residential areas within our Council area.

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“Council recognises the concerns raised by residents surrounding the estimated timeframe involved in developing our Local Policies Plan, and the potential for unsustainable HMO development in the interim period.

“The Council will proceed with the Local Development Plan as a matter of urgency.

“In the interim, assessment of all HMO applications, weight is given to ensuring that Council’s ambition to introduce a 10% cap is not prejudiced prior to the implementation of the Local Policies Plan.”

The substantive motion was passed by 31 votes in favour, one against and one abstention.

Speaking in favour of the adoption of the LDP, Cllr Sean Mooney (SDLP) said it was important to go back to the parent Act, in this case the Planning Act 2011.

“Section 12 very clearly states the process for adoption. My view is we don’t have any wiggle room when you look at Section 12.

“Section 12.1 says: ‘The Department must consider the recommendations made under Section 10.8 - independent examination - and direct the council to three things: A. Adopt the development plan document as originally prepared; B. Adopt the development plan document with such modifications as may be specified in the direction; or C. Withdraw the development plan document.’

“In my mind, and this can be clarified, we were given the direction under B, not A or C.

“The Department must give reasons for the direction given. It did that last December 2024. It is not a recommendation, it is more or less an order, and this is the salient point for everybody here, the Council must comply with the direction given within such time as may be prescribed.

“Our role here today is to adopt a plan that has been 10 years in the making and had extensive consultation. There is no wiggle room,” said Cllr Mooney.

The Local Development Plan was subsequently passed at Council's June plenary on Wednesday afternoon.
Cllr Shaun Harkin (PBP) and Cllr Gary Donnelly (Independent) abstained on the LDP vote.

While the LDP was endorsed, the 10% HMO cap, campaigned for by residents' groups including Concerned Residents Around Magee (CRAM), is due to be addressed in future Local Policies Plans.

Following the adoption of the LDP, CRAM called for ministerial intervention on the issue of HMOs in Derry.

Speaking on behalf of the group, Kathleen Feeney expressed “deep concern and frustration”.

Ms Feeney described the process as “fundamentally flawed and dismissive of the communities impacted”.

“We are frankly appalled by what has just happened,” she added. “The Council has pushed through a LDP which, when it comes to HMOs is built on a foundation of: flawed and inaccurate data; irrational methodologies; arbitrary and illogical boundaries; a complete lack of meaningful consultation with communities most affected; an inadequate Equality Impact Assessment; and a clear failure to meet its statutory obligations under the Human Rights Act 1988.

“Despite the best efforts of CRAM and other residents’ groups to engage with the Council, raise concerns, and suggest constructive solutions, our voices have been ignored throughout this process. EWhat little engagement there has been has felt tokenistic at best,” said Ms Feeney.

CRAM has subsequently written to Infrastructure Minister, Liz Kimmins (Sinn Féin), requesting she exercises her powers under Section 13 of the Planning Act (NI) 2011, requiring the Council to undertake a review of the LDP specifically in relation to HMOs.