Nottingham - Fern Avenue Residents

(Nottingham Evening Post ,Tuesday, 3 October, 2006)

The council is preparing to lock horns with another landlord in court over its controversial bid to restrict the number of students in certain parts of the city. CHARLES WALKER and JAMES KAY report

Controlling where students live was always going to be an uphill struggle for Nottingham City Council.

The authority has admitted its bid to impose restrictions on student housing is a step into the unknown

It has fought some bruising legal battles as a result of its 'student housing restraint area'. Now it looks as if the lawyers can pencil in a lucrative date at the High Court as the authority vows to take on another challenge

Student property owner Megaclose Ltd has sought a judicial review of a council document which identifies areas where student accommodation would be "most appropriate".

The firm, based in Goldsmith Street, objected to a condition to prevent the occupation of some newly-developed housing by students. The controversial elements of the Supplementary Planning Document are part of a council strategy called Building Balanced Communities.

The aim is to prevent students dominating neighbourhoods and to preserve some housing for local people.

The legal challenge by Megaclose Ltd has angered council leader Jon Collins, who believes it could stymie the attempt to create balanced communities.

He said: "This policy is an example of an attempt to try to get the balance right in particular communities between the students and people who live there. It appears as far as they are concerned their interest is profit and not taking account of the kind of considerations we are taking account of to create a city that has proper balanced communities.

"I think it is a shame that we have companies that take that perspective. We work with a range of companies that provide accommodation for students. We are trying to get the balance right. It is difficult.

"We will fight this case and do all we can to win it. It is not in the best interests of the city to have communities that are pretty much only students."

To date the controversial conditions within the Supplementary Planning Document have not been used. It is a big step for the council to take on Megaclose - if it loses it will be liable for costs, which could top �40,000

The case will take up to 12 months to resolve but the Post understands the city has been advised it has a 70% chance of victory.

Maya Fletcher, chairman of the Nottingham Action Group, which campaigns for balanced communities, said: "The council is responding to what the residents of Nottingham want and it is to be congratulated for showing some steel.

"This company have now twice tried to thwart them and they do not appear the least bit interested in creating balanced, sustainable and normal communities at all."

Mrs Fletcher said it was too early to say whether the rash of purpose-built student accommodation that has sprung up had made a difference to residents in Lenton.

Katherine Garrett, community officer at the University of Nottingham's Students' Union, said: "We have supported the council in their efforts to bring all stakeholders together in order to produce the Students and Balanced Communities Action Plan.
"However, whilst we are not opposed to the building of purpose-built accommodation for students in different areas of the city, we do believe that our members should have an open choice as to where they would rather live.''

Megaclose declined to comment.

The council has conceded an action brought in the High Court by Barratt Homes. Barratt objected to a different part of the same planning document, claiming it was unfair for the council to seek that a certain proportion of housing developments would be suitable for families, rather than one or two-person flats.

Barratt argued that there was inadequate consultation. The council backed down after being advised it had only a ten per cent chance of success.

BALANCING ACT ON CITY HOMES FOR STUDENTS

(Evening Post, OPINION, Tuesday, 3 October, 2006

It is easy to talk about absorbing students evenly into the neighbourhoods of Nottingham. Much harder in practice, as Nottingham City Council has discovered.

Three years ago the council, as part of a policy to limit the growth of student accommodation in Lenton, tried to stop a hotel being turned into flats � only for a planning inspector to rule the restriction was unreasonable.

More recently the council conceded a court action brought by Barratt Homes, who had objected to planning rules requiring a proportion of housing developments to be suitable for families.

Now property company Megaclose is mounting a legal challenge to council policies that would block further student developments in certain areas.

The council should not be deterred. It is right to resist the Megaclose application for a judicial review of the policy.

Let's be clear. This is not a town versus gown issue. We have two fine universities, and their students are most welcome in Nottingham.

But the council has a responsibility to permanent residents in areas that are being overwhelmed with student accommodation.

It must also ensure a range of housing types for people who wish to move to those neighbourhoods.

Getting the right balance is difficult, but we hope the courts will acknowledge the council's right to attempt to achieve it.

Created on /04/10/2006 08:45 PM by pcooper
Updated on /12/03/2007 10:19 PM by pcooper