Agenda item

Application P18K0466 - 23 Bozward Street

The Deputy Director - Economic Development and Planning recommends that the Planning Committee grant planning permission, subject to the conditions set out in the plans list.

 

Minutes:

Introduction

 

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.

 

Site Visit

 

The application was not the subject of a site visit.

 

Report/Background/Late Papers

 

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 spaces.

 

There were no late papers circulated.

 

Officer Presentation

 

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 refused.

 

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.

 

Public Representations

 

There was no one registered to speak on the application.

 

Key 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.

 

  • In 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 rights.

 

  • 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 Department.

 

  • Some 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 Officer’s report.

 

Contrary to Officer’s recommendation it was:-

 

RESOLVED: That the Committee refuse planning permission for the following reason:

 

The site 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.

 

Policy 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

Planning 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.

 

In 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 regard.

Supporting documents: