Agenda item

Change of use from dwelling (use class C3) to House in Multiple Occupation (use class C4) including single storey rear extension and alterations to garage [Hull Road] [Site Visit]

Members considered a full application for a change of use from a dwelling (use class C3) to a House in Multiple Occupation (use class C4) including single storey rear extension and alterations to garage.

Representations were received from Councillor Warters.  He urged Members to not feel compelled to grant permission even if Officers reported that it fell within the Council’s percentage of less than 10% of houses being HMOs within 100 metres of the site under consideration. He felt 10% of houses being shared houses, harmed a community’s make up and Badger Hill should be assessed as a distinct community. He thought that the application should also be judged on the impact that it made on the streetscene and noise.

Further representations in objection were received from Daniel Rhodes. He felt that there were too many HMO’s in the local area and made reference to the property’s location in a cul de sac and a local petition regarding the numbers in the area.

Representations in support were received from the agent on behalf of the applicant, Melissa Madge. She informed the Committee that the applicants were told that they did not exceed the threshold for the number of HMO’s in the area, would operate the property as a home for their daughter and her friends (whilst they were studying at University) and that the proposal accorded with Council policy.

During debate Members felt that the application was inappropriate in its location in the cul de sac, and as there were numerous HMO’s to the rear of the property granting permission would increase the percentage of HMO’s in the area.

Councillor Carr moved refusal. Councillor Craghill seconded the motion. On being put to the vote this was carried. [amended at meeting on 9 July 2015]

It was suggested that the reason for the refusal be finalised between the Chair and Vice Chair.

Resolved: That the application be refused.

Reason:   The application property is a semi-detached house located at the head of a quiet suburban residential cul-de-sac where there are no existing Houses in Multiple Occupation. If the proposal were approved it would mean that the percentage of Houses in Multiple Occupation within 100m of the property would increase from 9.1% to 13.6% which is well above the 10% figure contained in the council's Controlling the Concentration of Houses in Multiple Occupation Supplementary Planning Document where it is considered that a street level area can tip from balanced to unbalanced leading to concerns in respect to factors such as noise, community integration, parking pressures and property maintenance.  In addition, there are already at least 4 additional HMO's which although a little outside the 100m area as defined in the Supplementary Planning Document back on to properties in Pinewood Hill and can impact on the amenity of residents in the cul-de-sac.   It is considered that the specific circumstances are such that if approved, the proposal would individually (and cumulatively with other nearby HMO's) cause harm in respect to local community integration and the upkeep of properties and  have the potential to create undue late night noise and disturbance in the immediate residential environment.  As such the proposal conflicts with the fourth criterion of policy H8 (conversions) of the City of York Draft Local Plan (2005), the thrust of paragraphs 5.3 and 5.15 - 5.16 of the Draft Controlling the Concentration of Houses in Multiple Occupation Supplementary Planning Document (2012, amended July 2014) and advice contained in the first criterion of paragraph 58 of the National Planning Policy Framework.