8-person HMO at 38 Margate Road, Southsea

What was proposed

The application sought to increase the existing HMO from six to eight occupants by converting the ground-floor study and lounge into bedrooms.

“The Applicant has sought planning permission for the change of use of the dwelling from the current lawful use of as a HMO with up to six individuals living together, to allow up to eight individuals to live together as an HMO.”

“Notwithstanding that the applicant has applied for planning permission, it is necessary to consider whether the works described on the application form and set out on the accompanying information constitutes an act of 'development' as defined in Section 55 of the Town and Country Planning Act (1990) and thereby is able to be controlled by the Local Planning Authority.”

Officer report

The site and its history

The site is a two-storey terraced dwelling with rooms in the roof, and an earlier certificate confirmed lawful C4 HMO use.

“The application site is a two storey terraced dwelling with rooms in the roof in a predominately residential area. The dwelling is located near to the Elm Grove high-street, with a wide variety of services and transportation options. Nearby is the area of 'Somerstown' , a residential area in inner Portsmouth, with the city centre also nearby to the north west. The site is also accessed from the rear via an alleyway.”

Officer report

What officers recommended

Officers recommended unconditional permission because the increase was not a material change of use and the proposal complied with relevant policies.

“As detailed above, the application is considered to fully comply with the relevant policies of the Local Plan. However, notwithstanding the compliance or otherwise of the proposal with the polices of the Local Plan, it is noted that on the details of this case, the changes in the character of activities are not sufficiently significant, as a matter of fact and degree, to result in a material change in the use of this property.”

“Should the Committee conclude, contrary to this recommendation, that the change in occupation, as a matter of planning judgement of fact and degree in this specific case results in a material change of use requiring planning permission, then they should consider whether permission should be granted with conditions.”

Officer report

What consultees said

Private Sector Housing said the property required licensing, while Highways found no unacceptable highway or safety impact but sought cycle-storage details.

“Private Sector Housing: The City Council Private Sector Housing team advise that this property would require to be licenced under Part 2, Housing Act 2004.”

“Highways: "Margate Road is a residential road with bus stops and local amenities in close proximity along Kings Road/Elm Grove. It is not considered that size of development would lead to a material impact to the function of the highway or result in any unacceptable safety impact. There may be increase instances of vehicles hunting for space in the vicinity, this is however an issue of residential amenity for your consideration of the application.”

Officer report

What people objected to

Six objections came from outside the vicinity and raised concerns about HMO concentration, housing, living conditions, noise, parking, waste and management.

“Area already considered overconcentrated with HMOs, with further intensification harming housing mix and community balance, and conflict with HMO threshold policy and concerns regarding accuracy of the HMO register and mapping • Loss of a family dwelling to an 8-bed HMO, reducing availability of family housing and altering the character of the area • Scale and intensity of occupation considered excessive, resulting in overdevelopment and poor living conditions within the…”

“Errors, inconsistencies and lack of clarity in submitted plans and application details, raising concerns over accuracy of existing use, bedroom numbers and compliance with standards • Increased noise, disturbance and general activity associated with intensified HMO occupation, harmful to neighbouring residential amenity • Increased parking pressure and congestion in an already constrained area, with insufficient provision on site • General strain on local infrastructure…”

Officer report

Who spoke

The team leader introduced the report, and the agent gave a deputation supporting the application.

What members discussed

Members discussed whether permission was needed, living standards, the objections’ location and the reliability of HMO records.

“Members' Questions In response to questions, officers provided the following information as clarification: • Although some members felt the application needed planning permission as it was a change of use from C4 to sui generis, officers said that according to their professional opinion and counsel's advice, and depending on the circumstances of each case, it did not where one or two occupiers were added.”

Minutes

The committee decision

The committee resolved to grant unconditional permission.

“RESOLVED that unconditional permission be granted.”

Minutes