Agenda item

Change of use from dwelling (use class C3) to House in Multiple Occupation (use class C4), single storey cycle store and dormers to side and rear. [Holgate Ward]

Members considered a full application by Mr Adrian Hill for the change of use from dwelling (use class C3) to house in multiple occupation (use class C4), single storey cycle store and dormers to the side and rear.

Officers advised that residents had raised concerns about the possibility of widening the crossover which could affect the trees or the verge. Officers confirmed that there was no intention to widen the crossover. 

Barry Kellet, a neighbour, spoke in objection to the application. He advised Members that 60 residents had signed a petition objecting to the change of use to HMO, 93% of those were families and 7% were retired people. He advised that there was not room for two cars to park at the front as one would prevent access for the other and the proposed access for the cars would not work due to other vehicles parked on the road.

Jonathan Hall, another neighbour, also addressed the committee in objection. He expressed concerns that the report did not reflect up to date drawings. He stated that the property was not well maintained, that there was no need for student accommodation and raised concerns in relation to insufficient parking and the  potential for noise disturbance in the quiet neighbourhood including possible gatherings in the large garden.

Shan Shan Chen, the agent for the applicant, then spoke in support. She advised Members that the application complied with the threshold on concentration of HMOs, would not lead to an unbalanced community and would not create a strain on drainage works. The proposed conditions in relation to parking and the cycle store complied with requirements and two medium sized cars could be manoeuvred into car parking spaces. It was envisaged though that the occupants were more like to walk, cycle or use other means of sustainable transport. She advised that she was happy to have a condition for a management plan limiting the type and number of occupants.

Officers advised that use class C4 allowed up to 6 occupants and, without a good planning reason to restrict occupancy in the use class, this wouldn’t normally be restricted through a condition.

Members raised concerns in relation to: difficulty in manoeuvring into the proposed car parking spaces would lead to additional parking on street and would exacerbate existing on street  parking issues; access to cycle parking and refuse bins in the front garden could be hindered by car parking; problems with drains in Holgate area; loss of family house; and an HMO would upset the balance on a street of family houses and have a detrimental impact on neighbours amenity.

Councillor Cannon then moved, and Councillor Carr seconded, a motion to refuse the application on the above grounds. On being put to the vote, the motion fell.

Other members expressed sympathy with the concerns of residents but did not accept that the application could be¹ turned down on grounds of parking, acknowledging that a family house could lead to same number of cars as an HMO. Members noted that the applicant had offered to put a management plan in place to limit occupancy to 4 people in employment. They felt that there was a need for more properties for unrelated people and no  planning reason to refuse the application.

Councillor Flinders moved and Cllr Mercer seconded a motion to approve the application. On being put to the vote, the motion was carried and it was:

Resolved:  That the application be approved subject to the conditions listed in the report.

Reason:     It is considered that the proposal would not breach the guidelines set out in the Supplementary Planning Document “Controlling the Concentration of Houses in Multiple Occupancy” nor is there evidence that the use of the house as an HMO would result in significant harm to the living conditions of nearby houses. Parking provision would meet standards set out in the DCLP and is a similar arrangement to that existing at a number of nearby properties. The application complies with national guidance in the NPPF and Development Control Local Plan Policies.

[¹ Amended at Committee meeting held on 7 February 2018]