Agenda item

The Assistant Director for Planning:

 

a.    advised that planning permission was sought for a change of use from a ground floor flat (C3) to a House in Multiple Occupation (HMO) at No. 7 The Avenue, a 3 storey property located on the east side of the road

 

b.    described the application site situated between a three storey property to the south which had been converted into 6 flats, including 1 HMO and a commercial property to the north previously granted consent to be used as offices by Lincolnshire County Council, with parking for County Council staff located to the rear of the site

 

c.    advised that the property was divided horizontally into 3 flats and three separate applications had been submitted to convert each one into a HMO, the other planning applications included for consideration elsewhere on tonight’s agenda as follows:.

 

·         2020/0937/C4 – 4 bedroom Ground Floor Flat

·         2020/0952/C4 - 3 bedroom First Floor Flat

·         2020/0953/C4 - 3 bedroom Second Floor Flat

 

d.    reported that Planning data showed that permission was originally granted for the subdivision of the property into 3 flats in 1951

 

e.    highlighted that a previous application was granted for the conversion of the garage into a 1 bedroom flat under application 2020/0271/FUL, this application also approved some internal alterations to the existing property including removal of an internal staircase and addition of a bedroom at ground floor

 

f.     stated that this application and the other two submitted applications at the property had been brought before Planning Committee given the number of objections they had received

 

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

 

·         Policy LP33   Lincoln's City Centre Primary Shopping Area and Central Mixed-Use Area

·         Supplementary Planning Document: Central Lincolnshire Developer Contributions

·         Policy LP37   Sub-Division and Multi-Occupation of Dwellings within Lincoln

·         National Planning Policy Framework      

 

h.    advised members of the main issues to be considered as part of the application as to whether the application met the requirements of the Houses in Multiple Occupation Supplementary Planning Document (SPD) and Local Plan Policy

 

i.      added that officers considered the property’s location within the Central Mixed Use Area rather than a predominately residential area as a key factor in considering this application

 

j.      highlighted that:

 

·         Many previous applications for additional HMOs within the City which had been refused based on high concentration of HMOs in that particular area were often located within the heart of the ‘West End’ or streets located off the High Street of the City, characterised by being predominately residential in character, lined with terraced or semi-detached properties where the impact of a concentration of such uses would be significant and caused or added to a community imbalance.

·         In this case, officers considered the location and specific characteristics of the application property were key considerations in determining whether the change of use caused harm, despite being in an area defined as having a high concentration of HMOs.

 

k.    outlined the responses made to the consultation exercise

 

l.      concluded that the change of use of the ground floor flat from C3 to C4 was acceptable and would not harm the residential amenities of neighbouring properties, would not have an unduly harmful impact on the overall balance of the community or the mixed-use character of the area, in accordance with the CLLP Policy LP33, LP37 or the SPD.

 

Members discussed the content of the report in further detail. The following comments/questions emerged

 

In objection:

 

·         The whole purpose of Article 4 was to reduce high density of HMO’s in the Carholme area. This application represented blatant disregard to this.

·         There was a need for further housing stock across the City but not in this location due to over density.

·         The suggestion that the development would not take away further residential property was incorrect, as other families may be attracted to the property should planning permission for a HMO be refused.

 

General:

 

·         The house having been split into 3 units plus development in the garage at the rear amounted to a substantial number of bedrooms, 10 in total. What would be the occupancy limits of the bedrooms on all three floors as this was a concern?

·         Article 4 was set up to prevent residential properties being taken over from family homes and changed to HMO’s, however, this property was already split into 3 separate floors for multiple occupation.

·         The report referred to the property being used by mature 2^nd/3^rd year students. There were currently over 1,000 people on the waiting list for homes in the City. The property should be a family homes.

·         Could clarification be given that the 10% threshold for HMO’s in the area had not been exceeded?

·         There was potential for up to 11 students to reside in the property. The provision of 3 car parking spaces within the scheme was not sufficient.

·         Would the residents be liable for Council Tax or come under the business rate scheme?

·         This planning application raised challenges due to Article 4 direction. There was an argument for a balance to be struck between the loss of family housing and the fact that this property was located in a mixed-use area although it exceeded the 10% threshold for HMO’s.

 

Kieron Manning, Assistant Director of Planning offered the following points of clarification to members:

 

·         In terms of occupancy numbers, any grant of planning permission would be conditioned to restrict the number of occupants in each unit, in this case a maximum of 4 people.

·         The Article 4 threshold had been exceeded in the location of the proposed development, and stood at approximately 34%. However, the threshold of 10% was designed as an indicator of potential social imbalance. However, the application site was on the edge of the Central Mixed Use Area and in context was different to the West End. The remit of Planning Committee was to consider any potential impact/harm on the area. The nature of the street was not predominantly family housing.

·         Parking was an issue in every planning application. As the site was located within the City Centre the same methodology should apply in this case as similar previous planning applications granted. Residents parking in the area would prevent residents finding parking elsewhere in local streets.

·         As far as he was aware, occupants of the property would be exempt from Council Tax and business rates.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

Standard Conditions

 

1)         The development must be begun not later than the expiration of three years beginning with the date of this permission.

           

            Reason: As required by Section 91 of the Town and Country Planning Act 1990.

 

2)         With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the drawings listed within Table A.

            The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

           

            Reason: To ensure the development proceeds in accordance with the approved plans.

 

3)         The C4 (Houses in Multiple Occupation) use is permitted to change from C4 to C3 (Dwellinghouses) and back again to C4 without the need for a further application for planning permission for an unlimited number of times for a period limited to ten years hence from the date of this permission.

           

            Reason: In order that the owner can reasonably respond to local housing market circumstances for a period of ten years.

 

4)         Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 (SI 2010/653) or any Order amending, revoking or re-enacting that Order, no more than 4 residents shall at any time occupy the House in Multiple Occupation hereby approved whilst it is in use as a C4 (whereby the premises is occupied by unrelated individuals who share basic amenities).

 

Reason: In the interests of protecting residential amenity.