Four-bedroom HMO at 2 Marlborough Terrace, Londonderry

The site and surroundings

The site is an end-of-terrace Victorian dwelling in Derry, surrounded by similar houses, with a small rear yard and mews lane access.

“Site and Surrounding Area The application site is located at No.2 Marlborough Terrace, Derry which is located within the development limit of Derry City as indicated within the Derry Area Plan 2011 (DAP).”

“The application site comprises an end of terrace two and a half storey Victorian terraced dwelling with pitched roof and rendered circular arch and polychromatic brick window openings which have been rendered. A small flat roofed dormer is located within the existing roof slope. Land levels are relatively flat along this section of Marlborough Terrace. The rear of the application site contains a small yard fronting onto a mews lane.”

Officer report

Earlier planning history

Earlier permission was granted for dormer windows and renovations to the dwelling.

“Planning History Planning Application Reference: A/1978/0774 Development Description: Dormer windows and renovations to dwelling Decision: Permission Granted…”

Officer report

Why officers supported it

Officers considered the proposal policy-compliant, within the street’s 30% HMO limit, and unlikely to cause significant harm to residential character or amenity.

“Policy HOU 13 of the LDP states that in the transition period until the Local Policies Plan is adopted, the Council will not permit more than 30% of any of the houses within any street to be granted for further HMO development. As per the direction in paragraph 16.102 of the Justification and Amplification to Policy HOU 13, the percentage of current HMOs on Marlborough Terrace is calculated as 16%.”

“Policy HOU 14 states that planning permission will only be granted for HMO development where all five criteria are met. These criteria are assessed accordingly below: • The proposal is for a four-bedroom HMO which therefore does not exceed the 4- bedroom threshold within the first criteria. • The gross internal floor space of the original property measures approx.”

Officer report

Consultation and objections

Environmental Health had no objection subject to advice and a possible air-management condition, while no representations were received.

“Consultee Responses Environmental Health - No objections, EHS has provided comments regarding noise from a hot food premises at No.1, recommended a condition regarding air management quality and informatives regarding noise, odour, HMOs and waste storage and disposal.”

“Representations There have been no representations received in respect of this planning application.”

Officer report

Who spoke

A Senior Planning Officer presented the application and recommended approval subject to conditions.

The committee vote

The motion to overturn the officer recommendation was supported by thirteen members, with one abstention.

“LA11/2024/0744/F - Change of use from single family dwelling to house in multiple occupation (HMO) with minor internal alterations at 2 Marlborough Terrace, Derry. The Senior Planning Officer presented the above application, details of which were previously circulated to Members.”

Minutes

The final decision

Permission was refused because the application exceeded the 10% HMO threshold previously agreed by Council.

“The Proposal was therefore Carried The Committee Resolved to overturn the Officer recommendation and refuse planning permission, because the application exceeded the 10%”

Minutes