Agenda item

This application seeks planning permission to convert a three-bedroom single occupancy dwelling house (Use Class C3) into a four-bedroom house in multiple occupation (HMO) (Use Class C4). 

The application has been brought to Committee at the request of the local Member because of concerns in respect to the impact of HMO's. [Osbaldwick] [Site Visit]

Members considered an application for a change of use from dwelling (use Class C3) to a house of multiple occupation (HMO) (use Class C4).

In their update to Members Officers commented that the figures used in the report to refer to one existing HMO within 100 metres of the property at 19 Farndale Avenue were incorrect. They also revealed that twelve properties had been left off the list, which led to a recalculation in the percentage of properties in the area which were HMOs. The overall number was still below the threshold in the Council`s approved Supplementary Planning Document.

Representations in objection to the application were received from a local resident who was also a member of Osbaldwick Parish Council. He questioned the numbers used in the Officer’s report to calculate the percentage of HMOs which were 100 metres distance away from the application site, in particular the reliance on Council Tax data. He felt that a more vigorous inspection needed to take place to discover which houses were HMOs, and which were not.

Discussion between Members and Officers focused on whether the figures of the number of HMOs that had been included in the Officer’s report were robust enough to justify granting approval for the application. Some Members suggested that the application be deferred in order to give Officers more time to carry out a proper survey of houses in the area.

Officers informed the Committee that due to changes in legislation, that if an unauthorised HMO had been a shared property before April 2012, the owners could apply for a Certificate of Lawful Development , which may take several months to resolve.  

They suggested that as a result of this, the list of retrospective applications from unauthorised HMOs could increase and could be detrimental to the application under consideration.

Further discussion ensued with some Members feeling that the figures for the number of HMOs in the area were not clear enough in order to be able to grant planning permission, because they felt that current local knowledge from the Parish Council and local residents would be more accurate.

Others considered that if the Committee decided to defer the application, that they would set a precedent for stalling with future similar applications because of opinions over the accuracy of figures of HMOs in the area. Additionally, some Members felt that the system of verification of houses as HMOs was an improvement on the previous system and that the Committee should concur with the Officer’s recommendation for approval. They added that the Committee should follow the Council’s policy and that this should be applied consistently.

RESOLVED:       That the application be approved.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to residential amenity and the impact on the character and appearance of the area. As such the proposal complies with Policy H8 of the City of York Development Control Local Plan, and the Council’s Supplementary Planning Document ‘Controlling the concentration of Houses in Multiple Occupancy’ (2012).