Agenda item

Change of use from dwelling (use class C3b) to 6.no. occupant House in Multiple Occupation (Use Class C4). [Acomb Ward]

Members considered an application from Bergamo Holdings at 17 Newlands Drive, York, for change of use from dwelling (use class C3b) to 6.no. occupant House in Multiple Occupation (use Class C4).

The Development Manager gave a presentation and responded to questions from Members as follows:

·        The C3 use class had been applicable to the Wilberforce Trust as it allowed for up to 6 residents in need of care to live as a single household.

·        The original Highways objection related the dropped kerb and the occupation of the HMO by 7 residents.

Public Speakers

Jane Barker, a resident, spoke in objection to the application.  She explained that the previous occupants had been housebound and there had been no parking or noise issues.  her main concern was the parking, with residents having had their drives blocked and the road being too narrow to park on both sides.  She requested that the item be deferred.

In response to questions Ms Barker clarified that there were no existing parking restrictions, large vans and lorries would sometimes need to straddle the pavement to pass and some car owners chose to park partially on the pavement to avoid blocking the road.

Following a Member question, the officer confirmed that the low wall at the front of the house could be removed under permitted development.

Mark Flynn, a resident, spoke in objection to the application on parking grounds.  He raised concerns regarding vehicles blocking driveways and highlighted that six residents with vehicles would increase parking congestion and have a detrimental impact on neighbouring residents.  He noted that the report described the road as a cul-de-sac, although it was a through road and was concerned that the Highways department did not have the correct information.

Cllr Lomas, the Ward Councillor, spoke in objection to the application on behalf of residents.  She noted that the change of use from a community based care facility was a loss for Acomb Ward.  She highlighted that unrelated tenants would not be able to manage the parked vehicles associated with the property and raised concerns regarding potential noise issues from separate households.

Claire Richards, the agent for the applicant, spoke in favour of the application and noted the previous occupiers would have had a number of additional vehicles associated with care workers and visiting friends and family.  She highlighted the plans for the property in terms of the layout, bin storage and parking plan.  She also explained the aim was to provide high quality accommodation for professionals and confirmed that it would be managed by a property manager.  She also noted the access to public transport, e-scooter hire and local shops.

In response to Member questions she confirmed the plan for parking on the hard standing at the front of the property and that students were not the target market for the property.

Officers responded to Member questions and clarified the following:

·        that the road could accommodate two passing vehicles.

·        Highways had been clear that it was a through road when they made their recommendations.

·        There was no requirement for a turning circle.  An HMO (house in multiple occupation) required parking to operate independently, this could be achieved with 3 spaces for 6 bedrooms.

·        The current application complied with parking guidelines, a refusal on highway grounds had to demonstrate an unacceptable impact on highway safety.

Following debate, Cllr Galvin moved the officer recommendation to approve the application, this was seconded by Cllr Orrell.  On being put to the vote, with seven votes in favour and one vote against it was;

Resolved:            that the application be approved.

Reason:              The application property is considered to be appropriate for the needs of future occupants within a 6.no. bedroom small HMO. Adequate provision for off-road vehicle parking has been demonstrated and secure cycle storage exists. the existing density levels of current HMO’s is well below the policy threshold (at both Street Level and Neighbourhood Level). The proposal is considered to comply with policy H8 of the 2018 draft Local Plan and the requirements of the Draft Supplementary Planning Document (SPD): Controlling the Concentration of Houses in Multiple Occupancy.