Agenda item

The Assistant Director for Planning:

a.    advised that planning permission was sought for change of use from a second 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 86

·         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 second 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. Similar comments applied as to those outlined in the previous associated agenda item.

RESOLVED that planning permission be granted subject to the following 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 3 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.