Five-bedroom HMO at First Floor Flat, 241A Portswood Road, Southampton

What was proposed

The application sought to change a five-bedroom dwelling into a Class C4 HMO, without external alterations or additional bedrooms.

“Proposal 2.1 The application seeks permission to change the use of the property from a dwellinghouse (Use Class C3) to a House in Multiple Occupation (Use Class C4). No external alterations are proposed. Internal alterations are proposed; however, the overall layout will remain largely unchanged, and there will be no increase in the number of bedrooms which will remain at 5.”

Officer report

The site and surroundings

The property is above a commercial unit in a mixed-use shopping centre, near residential gardens, public transport and local services.

“The site is located within the Portswood District Shopping Centre, which is predominantly characterised by a range of commercial uses, including food and drink premises. The site is bounded by a service track to the rear which runs alongside the rear gardens of the residential properties in Abbotts Way. The boundary of the Portswood Residents Gardens Conservation Area follows the rear edge of the gardens of these properties.”

“The property comprises of a three storey terraced building. The ground floor contains a commercial unit, with residential accommodation above at first-floor level, accessed via a door on the front elevation. The property has also been extended into the roof space, with the addition of a dormer window creating a second-floor level. There are currently 5 bedrooms and an open plan living/kitchen area.”

Officer report

The officers’ assessment

Officers recommended approval, considering the high-street setting, existing five-bedroom accommodation and flexible future use outweighed the 10% HMO threshold breach.

“Whilst the proposal would exceed the 10% threshold set out in the HMO Supplementary Planning Document, Officers consider that this exceedance arises primarily from the specific characteristics of the site and its context within a busy section of Portswood High Street.”

“SPD is primarily directed at managing concentrations of HMOs within suburban areas characterised by traditional family housing, where overconcentration can undermine community balance. Those circumstances do not apply in this instance, where the site forms part of a mixed-use commercial frontage.”

Officer report

Consultation and objections

Five residents objected over noise, amenity, outdoor space, waste, HMO concentration, family housing, occupancy, overlooking, parking and nearby balconies.

“Response It is acknowledged that the proposal does not provide private outdoor amenity space for future occupiers. However, given the site’s location on Portswood Road within a highly accessible area, including good access to a range of bus routes, future residents would be able to reach nearby public open spaces with relative ease.”

“Response The existing 5 bedroom flat does not meet the definition of a family dwelling outlined in Policy CS16 due to the lack of any external space. Furthermore Policy H4 supports meeting housing needs while maintaining a balanced community. HMOs provide a legitimate housing option, and a flexible-use condition would allow the property to switch between C3 and C4 use for 10 years, enabling it to return to family use if required.”

Officer report

Who spoke

The applicant and an objecting ward councillor addressed the Panel with the Chair’s permission.

The Panel’s decision process

The Panel first rejected the recommendation for approval, then considered and seconded refusal reasons concerning household balance and waste servicing.

“The Panel then considered recommendation that the application be conditionally approved. Upon being put to the vote the recommendation was lost with the chair casting the deciding vote.”

“Cllr Windle then proposed reasons for refusal as set out below. Reasons were seconded by Cllr Greenhalgh. Upon being put to the vote the motion to refuse was carried.”

Minutes

The final decision

Planning permission was refused because the proposal would create an excessive HMO concentration and rely on inadequate refuse and recycling arrangements.

“Therefore, the proposal will be contrary to saved Policies SDP1(i) and H4(ii) of the City of Southampton Local Plan Review (Amended 2015), Policy CS16 of the Local Development Framework Core Strategy Development Plan Document (As amended 2015) as supported by section 9 (Policy and Methodology) in the Houses in Multiple Occupation Supplementary Planning Document (Approved May 2016) which states ‘Planning permission will not be granted i) where the proportion of HMO dwellings…”

“The existing accommodation is currently physically divorced from its refuse storage with no clear area for storage within the flat, and no rear access to the ‘associated’ store to the rear of the site. Residents are expected to take rubbish down the stairs, exit the building onto Portswood Road and then walk along Portswood Road before doubling back into the unmade rear service lane where the refuse store is located; some 210m away from the front door.”

Minutes