Agenda item

Change of use from residential apartment (Use Class C3) to House in Multiple Occupation (Use Class C4). [Fishergate Ward]

Members considered a full application by Mrs Olivia Adams for the change of use from residential apartment (Use class C3) to House in Multiple Occupation (Use class C4).

The Development Manager gave a presentation on the proposal, there was no update to the officer report.

Three speakers had registered to speak in objection to the application.

Public Speakers

Kenneth Fox, a resident of Fulford Place, raised concerns about the internal work that had taken place and the subsequent mess that had been left in communal areas.  He spoke against student accommodation, noting a shortage of family accommodation.

In response to questions from Members he stated that there were no HMO licenses at the building.

Philip Heaton, spoke on behalf of leaseholders and residents as a Director of Fulford Place residents’ management company.  He questioned the accuracy of the HMO information, stating that any HMO would breach the leasehold agreement and further stating that that HMOs have a negative effect on communities.

Brian Docherty, a resident of Fulford Place, raised concerns regarding possible breaches of the leasehold agreement and questioned the planning process.

The Development Manager responded to questions from Members and reported that approval of the application would give permission for a change of use under the planning legislation; leases were not material planning matters.  The Senior Lawyer present also confirmed that leasehold covenants were private agreements and not a material consideration when determining planning applications.  The application before members was a planning application for a change of use class, not a licensing issue.  Should the applicant go on to operate the property as an HMO, they would require an HMO additional licence from CYC to do so.

Internal work undertaken at the property did not require planning permission.

The method used to assess the number of HMOs in the vicinity was also described by the Development Manager.  It was acknowledged that the figure was unlikely to be 100% accurate, due to the many variables involved, including differences in when figures were updated and the number of assumptions that needed to be made when interpreting data.  It was, however, the best assessment that could be made.

Following debate, the Chair proposed the officer recommendation to approve the application, subject to the conditions contained within the report.  This was seconded by Cllr Melly.  On being put to a vote, with six in favour and three against it was:

Resolved:             That the application be approved.

Reason:               The application property was considered to be appropriate for the needs of future occupants as a 3no. bedroom HMO, with provision for parking and secure cycle storage acceptable within this context. The existing density levels of current HMOs was below the policy threshold (at both Street Level and Neighbourhood Level). The works will respect the general character of the building and area and the impact on the amenity of neighbouring residents would be acceptable. It was considered that the proposal complies with national planning guidance, as contained in the National Planning Policy Framework, City of York Council Draft Local Plan 2018, and the requirements of the City of York Council's Supplementary Planning Document: Controlling the Concentration of Houses in Multiple Occupancy.

[6.10-6.19 pm, the meeting adjourned.]