Agenda item

This application seeks permission for the change of use of 71 Cromer Street from a private dwellinghouse (use class C3) to a 4 bedroom house in multiple occupation (use class C4).  [Clifton Ward]

Members considered a full application at 71 Cromer Street, York, for the change of use from dwellinghouse (C3 use) to a 4-bedroom House in Multiple Occupation (HMO) (C4 use).

The Development Manager gave a presentation on the application and provided Members with an update to the recommended planning conditions with the following additional conditions:

Cycle Parking

The building shall not be occupied until the cycle parking areas have been provided within the site in accordance with the outbuilding plan submitted on 07.02.23, and these areas shall not be used for any purpose other than the parking of cycles.

Reason:  To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

Refuse storage

All refuse and recycling storage shall be provided within the rear yard only and shall not be stored at the front of the property.

Reason:  In order to protect the visual amenity of the street.

Following questions from Members regarding the plans, it was reported that the car parking guidance related to the 2005 unadopted plan and therefore carried little weight.  Also, it was clarified that the reasons for refusing similar applications on the street related to the thresholds in place for HMOs and highlighted that one of applications had been granted by the Planning Inspector on appeal.

It was confirmed that the HMO licence for this application had been obtained for 4 rooms with 5 occupants in total.

Public Speakers

Bridget Cunniff, a neighbour, spoke in opposition to the application and noted an increase in the number of HMOs on the street.  She raised concerns regarding the loss of family homes and the safety of pedestrians in relation to parking.  She highlighted the increase in noise levels due to the increased activity on the street.

In response to Member questions, she emphasised the difficulties in parking.

Marie Ponamarenko, a local resident, spoke in opposition to the application and shared her concerns regarding the level of HMOs on the street.  She stated that there were several unregistered HMO properties that would take the street over the threshold.  She highlighted instances of anti-social behaviour and the transient population which resulted in a loss of community.

Cllr Wells, Ward Councillor also spoke in opposition to the application.  She noted that similar applications had been refused last year.  She also noted that the threshold for the street would be passed should permission be granted.  She spoke about the loss of community and increase in noise and disturbance to residents.

In response to questions from Members, it was reported that:

·        With reference to the appeal case elsewhere Cromer Street, as outlined within the appeal update, the Inspector had determined that a minor breach of the threshold in the street alone was not sufficient reason to refuse planning permission.

·        Should permission be granted, the street-level percentage of HMOs would be 10.5%.

·        The Supplementary Planning Document and the draft Local Plan Policy H8 have similar wording.  Policy H8 was not undergoing any significant modification as part of the Local and therefore carried some weight.

·        It was difficult to attribute different levels of harm between C3 and C4 use types. The Committee needed to identify the type and level of harm to use this as a reason for refusal. 

·        It was possible to condition the number of bedrooms so that the HMO did not exceed the existing number of bedrooms.

After debate, Cllr Melly moved the officer recommendation to approve the application, subject to the amended conditions contained within the update and a further condition limiting the number of bedrooms to four.  This was seconded by the Chair.

A vote was taken with 3 in favour and 3 against, the Chair’s casting vote meant it was:

Resolved:            that the application be approved subject to the amended conditions contained within the update and the additional condition, added by the Committee, of a maximum of four bedrooms.

Reason:              The proposal complies with policy H8 of the 2018 draft Local Plan in terms of HMO thresholds at street and neighbourhood level and the change of use of this property would not have a significant negative impact on the balance of the local community. The property would provide a good standard of accommodation for 4 individuals and the use of the property as an HMO is not considered to cause significant harm to the amenity of neighbouring residents. As such the proposed change of use would comply with the National Planning Policy Framework, Publication draft Local Plan (2018) and the Supplementary Planning Document.