Two small HMOs at Flat 1 And Flat, 2 19 Edwin Street, Gravesend

What was proposed

The application sought to change Flat 1 into a five-person HMO and Flat 2 into a four-person HMO.

“The application is for a Proposed Lawful Development Certificate; Change of use of Flat 1 (Class C3) at basement & ground floors to a 5 person House of Multiple Occupation (HMO) (Class C4) and change of use of Flat 2 (Class C3) at first & second floors to a 4 person HMO (Class C4).”

“Flat 1 which is at basement and ground floor levels would be changed to a 5 persons HMO and Flat 2 would be changed into a 4 persons HMO.”

Officer report

The site and surroundings

The property is a two-storey building with a basement containing two flats, near dwellings, commercial uses, a garage and a railway line.

“The application site consists of a two storey building plus basement which is situated on the corner of Edwin Street at the junction with Saddington Street which is in use as two flats. Flat 1 which is at the basement and ground floor levels has three recreation rooms and at ground floor level there is bedroom 1, bedroom 2, kitchen and a bathroom.”

“A long Edwin Street to the north and south there are other dwellings in use as single family dwellings. Within Saddington Street to the west there are a mixture of commercial uses and to the east there is a garage and residential development beyond. The railway line is to the north of Saddington Street.”

Officer report

Earlier planning history

Earlier applications concerned a basement door and lightwell railings, and conversion of the ground floor into a self-contained flat.

“Reference Description Decision Decision Date 20241057 Replacement of basement door with window. Installation of railings to lightwell.”

“Conversion of ground floor into a one bedroom self contained flat. Permitted 11.07.2011”

Officer report

Why officers supported it

Officers considered each flat a separate C3 dwelling and each proposed HMO a C4 small HMO within permitted development limits.

“The Town and Country Planning (Use Classes) Order 1987, assigns use classes to various uses. In the case of flats, they are use Class C3 (a) and for small HMO’s the legislation designates this as use Class C4 with the description of; ‘Small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.’ Class L, Part 3, Schedule 2 of the GPDO, allows for conversion from C3…”

“As there are two separate addresses in this application – Flat 1, 19 Edwin Street and Flat 2, 19 Edwin Street each flat must be assessed separately in respect of Class L, Part 3, Schedule 2 of the GPDO.”

Officer report

What the committee had to decide

The committee had to determine whether the proposed changes required planning permission under the permitted development rules.

“The application type submitted under reference 20250995 is known as a Lawful Development Certificate. This type of application simply establishes whether or not certain works or uses require planning permission.”

“While the local concerns may be relevant with a planning application, due to the nature of the Lawful Development Certificate application, they are not relevant for this application. The Local Planning Authority is simply required to establish whether the proposal requires planning permission or not.”

Officer report

Who spoke

A speaker supporting the application said fire exits were a matter for HMO licensing rather than this planning decision.

Members’ discussion

Members asked why the application was before them and queried fire exits; they were told the legal requirements determined the certificate.

“The Chair asked for clarification from the Legal Officer of what the Committee were to determine. The Legal Officer advised that the Committee were only able to consider the GDPO and the requirements of this. If it was deemed that the requirements were met then there was a legal requirement to issue the Lawful Development Certificate.”

“Members queried why the application was being presented to the Committee if it was considered by officers, that all the requirements of a GDPO had been met. It was explained that under the Council’s Constitution, that a Member was permitted to call in an application without being named or giving a reason for doing so.”

Minutes

The committee’s decision

The committee granted the Certificate of Proposed Lawful Development for the proposed five-person and four-person HMOs.

“RESOLVED that that a Certificate of Proposed Lawful Development should be GRANTED”

“Note: Matt Driscoll (External Planner on behalf of the applicant) spoke in favour of the application.”

Minutes