Agenda item

The Planning Manager:

a.    described the application property, a two storey property located on the south side of St Martins Lane.

b.    reported that planning permission was sought for a change of use from Use Class C3 (Dwellinghouse) to a House in Multiple Occupation (Use Class C4) for up to six people, highlighting that the applicant had originally applied for a change of use from a C3 residential property to a House in Multiple Occupation and self-serviced accommodation for up to 14 occupants.

c.    reported that the applicant had defined ‘self-serviced accommodation’ as rooms which were rented out in a similar manner to a guest house although without a host living at the property. Occupants would have access to use communal facilities within the property during their stay and would be expected to stay from one day up to a few months. The Planning Authority considered this definition of self-serviced accommodation to fall within the same use class as a House in Multiple Occupation (C4) as it would be occupied in the same way, albeit guests may stay for shorter periods of time.

d.    explained that planning permission was required for the proposed development because of a city-wide Article 4 direction that removed permitted development rights to development comprising the change of use from a use falling within Class C3 (dwelling houses) of the Town and County Planning (Use Classes) Order 1987, as amended, to a use falling within Class C4 (Houses in Multiple Occupation) of that Order.

e.    reported that the property was previously used as an office from the 1970s until late 2016 when a prior approval was granted for its use as a C3 residential property.

f.     reported that the property was located within the Cathedral and City Centre Conservation Area No. 1.

g.    provided details of the policies pertaining to the application, as follows:

·         Policy LP26 – Design and Amenity;

·         Policy LP33 – Lincoln’s City Centre Primary Shopping Area and Central Mixed Use Area;

·         Policy LP37 – Sub-division and Multi-Occupation of Dwellings within Lincoln 86;

·         Supplementary Planning Guidance;

·         Houses in Multiple Occupation;

·         National Planning Policy Framework;

h.    outlined the responses made to the consultation exercise.

i.      advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         accordance with National and Local Planning Policy;

·         impact on residential amenity;

·         impact on visual amenity;

·         parking provision and cycle storage;

·         bin storage and collection;

·         crime.

j.      concluded that the proposed change of use would not cause harm to the amenities of future occupants, neighbours and the wider area nor lead to or increase an existing over-concentration of Houses in Multiple Occupation, in accordance with Policy LP37 of the Central Lincolnshire Local Plan (2017) and relevant guidance within the National Planning Policy Framework.

Members discussed the content of the report in further detail, making individual comments in respect of the application as follows:

·         given the type of property and its prominent position in the city centre, information regarding the conditions imposed, such as waste collection arrangements, should be made available to occupants in order that they had an understanding of the requirements associated with them;

·         there was not sufficient time for officers to proactively enforce any potential breaches of the conditions associated with the application, particularly with regard to the number of occupants;

·         more of these types of applications would undoubtedly be submitted in the future as commercial units in the city centre potentially sought a change of use to residential given the current climate nationally with regards to retail and the high street;

·         the flexibility of reverting the property back to a Class C3 property was more favourable;

·         appropriate enforcement would take place should any report of a breach associated with the conditions be received, particularly with regard to the number of occupants exceeding six in this case;

·         the number set out in the reason for condition (3), as per the report, should be amended from three to six, confirming that the occupancy of the property by more than six residents could be harmful to the amenity.

The Planning Manager explained that information and awareness to occupants or tenants of the property was not something that could be imposed as a condition as part of a planning consideration. This could, however, be included as an informative.

Regarding enforcement of a breach of the occupancy condition, it was difficult to proactively enforce this as the authority’s enforcement powers were usually reactive. Upon receipt of a complaint enforcement action would be taken to rectify the issue.

Given that the property consisted of four double bedrooms, a question was raised as to why officers had negotiated the number of occupants down from fourteen to six rather than seven or eight. This related to the scale of the property and level of amenity that occupants would have. Additionally, six occupants was the upper limit of a Class C4 limitation, with more than six occupants making the property ‘sui generis’, or a larger House of Multiple Occupation consisting of more than six people sharing.

RESOLVED that the application be granted conditionally, subject to the amendment of a typographical error in the reason associated with condition number (3) in the report, as outlined above.