Agenda item

This application seeks planning permission to convert a three bedroom single occupancy dwellinghouse (Use Class C3) into a five bedroom house in multiple occupation (HMO)(Use Class C4).  No external changes are proposed as part of the proposed development.

This application has been brought before East Area Planning Sub-Committee due to the level of objection from local residents and Osbaldwick Parish Council.  [Osbaldwick] [Site Visit]

Members considered an application for the change of use from a dwelling house to a House of Multiple Occupation(HMO) at 53 Thirkleby Way.

In their update to Members, Officers read an email from Councillor Morley, which had been circulated before the meeting. Councillor Morley stated that Members should note that Thirkleby Way is divided into three distinct sections rather than being a single street and that therefore the small middle section was not a suitable place for an HMO. He also highlighted parking issues, and detrimental impact on the streetscene that would result from the use of the front garden for additional parking.

Information circulated by residents in opposition to the application, at the meeting was then considered by Members. This information is available online.

In response to a question from Members on the restriction of the use of tarmac, Officers responded that the construction of hard surfaces in excess of 5 sq metres did not need planning permission provided that a porous surface was used or that surface water drained into a porous area within the site such as a soakaway or garden border.

Officers advised Members that the new Housing Minister had recently announced changes which would result in a change of use from a dwelling to the new HMO use class being permitted development, meaning that Local Authorities may not have the power to restrict these developments from October 2010.

Representations in opposition to the application were heard from a local resident. He stated how he was pleased that Officers had mentioned that the street was divided into distinct sections and so should not be viewed as one single street. He added that the majority of houses along Thirkleby Way were family homes and that he felt that if this application was approved that schools and playgroups would be detrimentally affected by the reduction in family homes.

Further representations in opposition to the application were heard from a representative of Osbaldwick Parish Council. The representative circulated a list of student households in Osbaldwick amongst Members, which is available online. He stated that the Parish Council’s objection to the application was not due to the presence of students in the area, but due to a lack of a coherent strategy relating to controlling applications for HMOs. He felt that there was a need for further student accommodation to be created on the new university campus. He asked for a named vote from the Chair.

Additional representations in opposition to the application were heard from a local resident who circulated personal letters of objection to the Committee at the meeting. These letters are available online. He pointed out that the Officer’s report had not mentioned the detrimental affect on traffic resulting from the Sainsbury’s Local shop due to the delivery vehicles.

Councillor Cregan moved refusal of the application on the grounds of the visual appearance of the street being adversely affected and increased parking levels.

Councillor Moore seconded refusal of the application because he felt that the property would not provide adequate communal space and that it would cause a detrimental impact on neighbouring properties through an increase in noise.

Some Members felt that as there were a number of HMOs already present in Thirkleby Way, the perception of the character of the street would fundamentally change.

Other Members stated that they felt that there had been an increase in applications for HMOs because there was not sufficient student accommodation in the city. They also requested that a condition be added, if the application was approved, that the garden attached to the property must be maintained.

RESOLVED:             That the application be refused.

REASON:                  It is considered that the proposal would detract from the character of the area by virtue of creating an over concentration of Houses in Multiple Occupation within this section of Thirkleby Way. The proposal would make inadequate provision for off-street parking resulting in vehicles being parked on the highway to the detriment of the free flow of traffic and the amenity of the neighbours. The proposed internal layout would make inadequate provision for communal space within the property resulting in an unacceptable standard of amenity for future residents, and would be likely to result in noise and disturbance to the occupiers of the adjacent property(55 Thirkleby Way) to the detriment of residential amenity.