Agenda item

This application is for the conversion of a shop to 9 bedroom house in multiple occupation (HMO) along with proposed alterations to the building; including replacement of shop frontage and insertion of new windows/doors, alterations and extension to the existing garage for use as self-contained dwelling and provision of vehicle parking area within rear garden.

The application has been called-in to Committee by the Ward Member, Councillor Aspden due to; the change of use from a local business to accommodation,  a lack of parking and amenity space for 11 bedrooms plus garage conversion,  a particularly narrow access point and that an additional 11-bed HMO will not maintain the community balance in Main Street. [Fulford] [Site Visit]

Members considered a full application from Mr Justin Heaven for the conversion of a shop to 9 bedroom house in multiple occupation at Fantasy World, 25 Main Street, Fulford.

Representations in support were received from the applicant. He outlined his reasons for applying for permission to change the use from a shop to a 9 bedroomed house, and why he felt that Members should approve the application. The reasons were as follows;

·        The desire to keep the property in the ownership of the applicant’s family rather than sell it.

·        That  a House in Multiple Occupation(HMO) could allow for the applicant to continue to live in the building, whilst renting out other rooms.

·        That parking demand for a retail building was greater than that of than the proposed use of the building.

·        That the installation of new glazing would decrease the noise level that could be faced by prospective residents.

·        That the continued use of the premises as a shop would not be commercially viable, particularly given the loss of businesses in the vicinity.

Representations were received from a representative of Fulford Parish Council. They objected to the application due to; the loss of a longstanding business, the loss of off street parking which might lead to further on street parking, the impact on the Conservation Area of two HMOs in the vicinity and the narrow access to the property.

Further representations were also received from the Ward Member, Councillor Aspden. He stated that the community regretted the loss of business from Fulford, and considered that the proposed use would cause parking problems. He questioned why only two parking spaces had been proposed for nine residents, and questioned the safety of a doorway opening on to a narrow access point.

During their discussion Members noted that there were significant parking issues that needed to be addressed and that they were concerned that the narrow access would restrict the passage of emergency vehicles into the building.

Officers commented that in their view the proposed use was unlikely to generate significant parking problems over and above the existing retail use, and pointed out that the site was on a bus route with good cycling access to other parts of the city. They added that the access to the rear of the site was 2.2 metres wide, which was deemed as adequate under highway guidelines.

Some Members felt that the application should be refused due to unsafe access, inadequate parking provision and a concentration of HMOs in the area.

RESOLVED:       That the application be refused.

REASON:   (i) It is considered that the proposal incorporates insufficient off street parking to cater for the proposed use, resulting in the likelihood of vehicles being parked on the highway to the detriment of the free flow of traffic and highway safety, in conflict with Policy H8 ("Conversions") of the City of York Draft Local Plan.

                    (ii)     It is considered that the width of the vehicular access to the site is insufficient to safely accommodate the intensification of use which would be likely to result from the proposal, particularly in association with the use of the adjacent property as a House in Multiple Occupation, resulting in conflict between pedestrians and vehicles attempting to enter and leave the application site. 

                  (iii)      It is considered that the cumulative impact of the proposal, taken together with the existing House in Multiple Occupation (HMO) at 23 Main Street, would result in an overintensification of HMO`s in the area to the detriment of the character of the area and the amenity of adjacent occupiers as a result of increased levels of activity, noise and disturbance. Thus the proposal would conflict with Policy H8 ("Conversions") of the City of York Draft Local Plan