B/06/0658 BOSTON BOROUGH COUNCIL PLANNING COMMITTEE 12 DECEMBER 2006 Reference Number: Application Type: B/06/0658 Application Expiry Date Full Planning Permission Proposal Description At: Change of use of existing residential dwelling to house of multiple occupancy (maximum of four letting rooms) 60, Woodthorpe Avenue, Boston, Lincolnshire, PE21 0NP For: G Staniland Third Party Reps: 1 Author of Report: Kelly Grunnill Parish: Ward Name: 26 November 2006 Fishtoft Parish Council Fishtoft Date of Report: 28 November 2006 MAIN RECOMMENDATION: GRANT Planning Committee Agenda – 12 December 2006 1 B/06/0658 1.0 REASON FOR REPORT 1.1 A previous application for house in multiple occupation (HMO) at the address was recently refused by the planning committee. 2.0 PROPOSAL AND BACKGROUND 2.1 The application site is located within the built up part of Boston and forms part of a large housing estate. It consists of a detached two storey house with integral garage that gains access onto Woodthorpe Avenue. There is a gravel drive and small parking area in front of the house that currently accommodates parking for about four cars. Either side, to the rear and opposite the site are residential dwellings of various ages and types. 2.2 An application for the conversion of a house into multi occupation (6 letting units) was refused by Committee in August. It was considered in the previous application that the conversion of this property would increase the intensity of use and activity to a scale that would be harmful to residential amenity, highway safety and the character of the area. An appeal has been lodged with the Planning Inspectorate in respect of the previous refusal. This application has been revised so that it is for a maximum of four letting units in order to address the previous reason. The proposal could therefore accommodate eight persons. 2.3 In the proposal a WC and washing facilities at ground floor are being provided in part one of two of the existing garages. This will reduce the depth of one of the spaces in the garage but will still allow room for the parking of a small car. A grassed area of land at the front of the site will be gravelled to provide one additional on-site parking space. This will involve the removal of a small ornamental tree. There will therefore be space for five cars (one of which will be in the full length garage) plus space for a small car in the reduced garage. 3.0 RELEVANT POLICY BACKGROUND 3.1 The relevant policies: Adopted Local Plan H8 - Creating extra accommodation in existing premises H3 - Quality of Housing Developments. G1 - Amenity G5 - Floor Risk G6 - Vehicular and Pedestrian access T4 - Car Parking Standards Interim Plan G1 - General Considerations. H8 - Quality of Housing Developments H12 - Creating Extra Accommodation in Existing Premises F1 - Flood Risk T4 - Car Park Standard Planning Committee Agenda – 12 December 2006 2 B/06/0658 4.0 REPRESENTATIONS 4.1 1 letter of representation have has been received. The following issues have been raised: Incompatible use in this area which consists of family type properties. Noise and disturbance generated by increased traffic movements and intensification of use of the property. 5.0 RELEVANT CONSULTATIONS 5.1 County Council Highways - No objection to the provision of 4 letting rooms. 5.2 Housing Services - No objection. Internal space and layout is acceptable. 5.3 Fishtoft Parish Council has raised the following concerns: Parking problems Overcrowding Control over occupancy levels Monitoring/enforcement of occupancy Kitchen space may not be large enough to meet the needs of 6 occupants (development could actually accommodate eight persons) Noise and disturbance 6.0 PLANNING ISSUES AND DISCUSSION 6.1 The main issues in the determination of this application are: Principle of the development; Impact on highway Impact on residential amenity; and Internal Layout. Principle of the Development 6.2 Government Planning Guidance on residential development encourages the development of land within settlement boundaries, in sustainable locations close to local amenities and transport networks. This proposal generally accords with this broad aim. The type of development proposed will provide a form of housing tenure that accords with the Government’s drive towards providing a greater mix to meet the needs of the whole community, and this includes migrant workers accommodation. Impact on Highway 6.3 The development comprises 4 units with parking for up to 5 vehicles (two within the existing garaging and three on the gravel drive to the front of the property). There are also car parking bays on the public highway along Woodthorpe Avenue. Whilst there is the potential for the development to add to on street parking, the HMO is likely to be occupied by individuals on low incomes and as a consequence car ownership levels are not expected to be high. It is considered that traffic generated by the proposed use will not be significantly greater than that Planning Committee Agenda – 12 December 2006 3 B/06/0658 which arises from normal residential use of a four bed property. At the time that the house was built, a reversing bay was included within the plot. This reversing bay would be lost if all 4 cars were to be parked within this area at one time. The highway authority does not raise any objections to conversion of this dwelling into four units. Impact on residential amenity 6.4 The use is likely to lead to a marginal increase in the number of people and activity on site than if the house were to remain a private domestic dwelling. However, the building is detached, set on a reasonable sized plot and its use for HMO purposes is unlikely to detrimentally affect the living conditions of other local residents. No external changes are proposed which will overshadow or overlook surrounding properties. 6.5 Concern has been raised regarding the potential number of residents that could occupy the 4 units and future enforcement of the approved occupancy. A planning condition to limit occupancy would be extremely difficult to enforce and the most practical way forward in such instances is for occupancy to be controlled by the requirements set out within the Housing Act which are enforced by this Council. The Housing Act specifically sets out space standards and levels of occupancy. Given the size of the proposed dwelling and the proposed internal arrangements, the maximum number of people that could occupy the dwelling under the Housing Act is 8 (the previous refused proposal could accommodate ten persons). Any increase in this number could amount to overcrowding and the necessary legal action being taken. It is therefore recommended that a condition is attached which ensures that no rooms other than those specified are used for sleeping accommodation. Internal layout 6.6 The layout has been assessed in accordance with the Amenity Standards for Housing in Multiple Occupation which have been adopted by the Council. The proposed layout accords with these standards and noise insulation measures will be carried out within the building to accord with Building Regulations. 7.0 SUMMARY & CONCLUSION 7.1 Conversion of the property into an HMO of 4 lettings will not have an unsatisfactory impact on residential amenity or highway safety and there is ample space for bin storage. The proposal is therefore considered acceptable. 8.0 RECOMMENDATION - GRANT 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. There shall be no more than 4 bedroom units in the property. Reason: In the interests of controlling the expansion of the capacity of the property in accordance with Adopted Boston Borough Local Plan Policies G1, G3, G6 and T4 and Boston Planning Committee Agenda – 12 December 2006 4 B/06/0658 Borough Interim Local Plan Policy H12. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no windows or dormer windows shall be added to the property other than those expressly authorised by this permission, unless planning permission for such development has been granted by the Local Planning Authority. Reason: To protect residential amenity and to accord with Adopted Local Plan Policy G1. 4. No rooms other than those identified on the approved plans shall be used as bedrooms. Reason: In order to avoid over-intensive use of the site, in the interests of residential amenity and to accord with the objectives of Policy G1 of the Boston Borough Local Plan. Reason for Granting Planning Permission Planning Permission has been granted because the proposed change of use, subject to conditions, will not significantly harm residential amenity, highway safety, built environment, landscape features nor drainage systems. The development accords with the aims and objectives of Policies G1, G3, G6, T4, and H8 of the Adopted Boston Borough Local Plan, H12 of the Boston Borough Interim Local Plan (Non-Statutory Development Control Policy) (February 2006). STEVE LUMB Assistant Director - Regeneration Planning Committee Agenda – 12 December 2006 5