173A Osbaldwick Lane York YO10 3BA [19/02065/FUL]
Change of use from dwelling (use class C3) to House in Multiple Occupation (use class C4) [Osbaldwick and Derwent]
Members considered a full application from for the change of use of No.173A Osbaldwick Lane with 2 upper floors, to a small House in Multiple Occupation (HMO), (Use Class C4). The application had previously been reported to the March 2020 Area Planning Sub-committee meeting and deferred in order to explore the potential to add a condition requiring the tenancy agreements for the HMO to restrict the ownership of private cars.
Officers gave a presentation based upon the slides at pages 67-72 of the Agenda and provided an update which had been circulated via email prior to the meeting, reporting:
· an additional representation from Councillor Warters, reiterating the points he had made during discussion of this item at the March committee, that there was no parking provision for the HMO use of this dwelling. The parking provision to the front of No 173/173a was solely for the two commercial uses of the property and that to approve HMO use without parking provision would be in direct contravention of the City of York Council’s policy. He had suggested that if this application were to be approved then it should be conditioned to include the requirement for ‘no car tenancy agreements to be issued to tenants’. If this was not possible, he advised the committee to refuse the application as to approve it would likely lead to displaced car parking providing a traffic hazard on the public highway and a hindrance to the functioning of neighbouring businesses.
In response to questions from Members, the council’s Solicitor clarified that under classification use class C4, occupants would share basic kitchen and bathroom amenities only, and that there were no requirements that they should share any other living space.
Following debate, Cllr Galvin moved to refuse the application, this was not seconded.
Cllr Webb then moved, and Cllr Orrell seconded, that authority be delegated to the Assistant Director for Planning and Public Protection, in consultation with the Chair and Vice-Chair, to approve the application subject to a condition requiring that two
parking spaces on the forecourt be reserved for the residential
use, and that if this is not achievable, that the application be
referred back to this sub-committee. Also, an amendment to
condition 4, to require storage provision for a minimum of 6 cycles.
Cllrs: Craghill, Fisher, Orrell, Webb and Hollyer voted in favour of
this motion. Cllrs: Cullwick, Galvin, Melly and Waudby voted
against this motion and Cllr Crawshaw abstained from voting, and
the motion was declared CARRIED. It was therefore:
Resolved: That AUTHORITY BE DELEGATED to the Assistant Director for Planning and Public Protection, in consultation with the Chair and Vice-Chair, to approve the application, subject to the conditions listed in the officers report and the following condition and amended condition.
Additional Condition 5
Two car parking spaces on the forecourt be reserved for the residential use, and that if this is not achievable, that the application be referred back to this sub-committee.
Amended Condition 4
Prior to occupation of the property as a House in Multiple Occupation, details of cycle storage, to provide a minimum of 6 cycle spaces, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.
Reason: It is considered an acceptable use of the property as a small HMO (use Class C4) in terms of the concentration of HMOs in the area and the impact on residential amenity and highway safety, provided that two car parking spaces on the forecourt be reserved for the residential use. The application accords with the requirements of the NPPF, Policy H8 of the Publication Draft York Local Plan 2018 and Policies GP1 and H8 of the Development Control Local Plan 2005. Consideration has been given to the imposition of a condition requiring the development to be car-free, however this would not meet the NPPF tests of reasonableness. A requirement for a minimum of 6 cycle spaces has been conditioned so as to encourage and facilitate cycling as method of travel rather than car.
[There was a short comfort break between 8.30pm to 8.40pm].
- Report_173A Osbaldwick Lane, item 62c PDF 328 KB
- 19-02065-FUL 173A Osbaldwick Lane, item 62c PDF 3 MB
- 173 Osbaldwick Lane presentation, item 62c PDF 557 KB