The Committee considered an
application for the proposed erection of a single storey rear
extension to an existing 5 bed House in Multiple Occupation (HMO)
to form a 6 bed HMO Use Class C4, 23 Bozward Street.
Reason Why Being Considered by Planning Committee
The application was referred to
Planning Committee on 24th January 2019 whereby the
Committee deferred the application, minded to refuse, on grounds
that the proposal would result in an increase in demand for
roadside parking on Bozward Street and adjacent streets that
currently experience problems of congestion and would lead to
inconvenience for local residents and exacerbate the difficulties
they faced in parking their vehicles.
The original report was
attached as Appendix 1.
The application was not the
subject of a site visit.
The report set out the comments
of the Deputy Director – Economic Development and Planning
with regard to the concerns expressed by Members related to car
parking. The parking standards for HMOs were set out in the adopted
Houses in Multiple Occupation Supplementary Planning Document
(October 2014). In this regard the site
is located within Zone 2 wherein a total of two parking spaces
would be required for both 5 and 6 bedroom HMO’s.
The Worcestershire County
Council Streetscape Design Guide was also a material planning
consideration and requires both 5 and 6 bedroom HMO’s to
provide a total of 3 parking spaces and six cycle
There were no late papers
The Development Management
Services Team Leader drew the Committee’s attention to
paragraphs 3.9 to 3.11 of the report with regard to the ‘fall
back’ position, which meant that the applicant could exercise
permitted development rights to construct the extension to provide
the additional accommodation if the application was
The Development Management
Services Team Leader continued to recommend the application for
approval but if Members resolved that they were minded to refuse
the application then a suggested reason for refusal was given at
paragraph 3.17 of the Officers report, although it remained his
opinion that the reason was not sufficiently robust.
There was no one registered to
speak on the application.
Points of Debate
- Members asked what relevant policy was referred to when this
property became an HMO in terms of highway matters. The Development Management Services Team Leader
stated that prior to the Article 4 Direction conversion of the
property to a HMO was permitted development. Reference was made to the Development Plan and the
Streetscape Design Guide and LTP4 which were material
considerations for parking.
this case, as a permitted HMO the proposed extension would be
subject to Prior Approval consultation.
In the absence of objections from neighbours the Local Planning
Authority has to approve the Prior Approval. Under this process there was strict criteria which
were different to a planning application. Members were referred to paragraph 3.12 of the
report that related to these permitted development
- Members asked if planning permission was given was there any
condition that could be attached to make car parking
better. The Development Management
Services Team Leader stated that whilst he was aware of some
reported instances where it had been sought to restrict car ownership by residents of HMO’s, nevertheless he did not consider
that such a condition would satisfy the relevant tests in itself
and because the use of the property as a HMO was its permitted use.
The Legal Team Manager also confirmed that such a condition would
not be recommended and stated that
there was an opportunity to remove permitted development rights for
future extensions on this application.
- Concerns had been raised that there could potentially be more
people living in the property than allowed. The Development Management Services Team Leader
stated that use of the property as a Class C4 HMO was limited to
occupation by no more than 6 residents. However, if there were any
concerns regarding the number of occupants then these should be
raised with the Local Planning Authority and Housing
Members were of the opinion to approve the application and remove
permitted development rights. Other
Members still objected to the proposal.
A proposal was made to refuse
the application, this was seconded, and on being put to the vote
the application was refused as set out in paragraph 3.17 of the
Contrary to Officer’s
recommendation it was:-
RESOLVED: That the Committee refuse planning permission for the
comprises a two storey terraced dwelling within an established
residential area that is characterised by predominantly two storey
Victorian terraced houses that are broadly similar in original
design, layout and appearance. A common characteristic of these
properties is also the high incidence of roadside parking
throughout the day and evening hours on Bozward Street and the
surrounding streets, where the high density of development limits
the opportunity for off-road parking. Consequently, the streets are
dominated by parked cars.
SWDP 21 of the South Worcestershire Development Plan 2016 requires
all development, inter alia, to have regard to the amenities of
neighbouring residents in terms of traffic generation and the
provision of car parking facilities. This is reflected in the
Council's adopted Supplementary
Document - Houses in Multiple Occupation (2014) which includes
parking standards for HMO's to ensure that adequate provision for
off street parking is made available in the interests of the
amenity of nearby properties. Whilst the HMO SPD recognises that
there may be circumstances in which on-street parking may be
permissible, nevertheless this may not be the case in circumstances
where there is insufficient capacity to accommodate on-site car
parking in an acceptable manner on streets that already incur
problems with on-street parking.
the opinion of the Local Planning Authority, the proposal would
lead to increased pressure for roadside parking on Bozward Street
and adjacent streets that currently experience problems of
congestion and would lead to inconvenience for local residents and
exacerbate the difficulties they face in parking their vehicles
throughout the day and evening hours. The proposal would thereby
also be contrary to the aims and interests that Policy SWDP 21 of
the South Worcestershire Development Plan 2016 and the Council's
adopted Supplementary Planning Document - Houses in Multiple
Occupation (2014) seek to protect and promote in this