Four-bedroom HMO at 27 Hawthorn Terrace, Londonderry

What was proposed

The application sought to change a dwelling into a four-bedroom HMO at 27 Hawthorn Terrace.

“LA11/2024/0794/F under consideration for a HMO at 27 Hawthorn Terrace which would bring the number of HMOs on Hawthorn Terrace to 8, equating to 18.6%. This along with the introduction of a further HMO at this site at 24 Hawthorn Terrace would bring the number of HMOs on Hawthorn Terrace to 9, equating to 20.9 %. Approval of this application would therefore not exceed the 30% threshold of HMOs within this street in accordance with Policy HOU 13.”

“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

Why officers recommended approval

Officers considered the HMO policies, design, amenity, parking and services requirements satisfied, with no significant adverse impacts expected.

“Transport and Movement 11.15 Objectors have raised concerns regarding parking in particular the cumulative impact with the need for at least 4 cars and parking capacity. DFI Roads note from previous applications that there is limited spare capacity for car parking in the area but that parking is a planning matter and Council should be satisfied that any shortfall in parking provision is in compliance with planning policy.”

“Objectors have also raised issues with the impact of parking congestion impact on services and bad parking. As the parking requirement is no more onerous for the proposed HMO than the existing dwelling, as outlined above, planning officers are content the proposal would not increase parking congestion or restrict access for emergency vehicles.”

Officer report

Concerns about HMOs

Objections focused on overprovision of HMOs and possible loss of the area’s character.

“Concerns were raised by the objections that the proposal would add to overprovision of HMOs in the area and lead to a loss of character in the area. The proposal has been assessed accordingly against HOU 13 regarding the number of HMOs along Hawthorn Terrace and complies with HOU 13 in this regard.”

Officer report

What councillors said

Councillor Jackson proposed refusal, while Councillor Leonard seconded the proposal and Councillor Gallagher requested legal advice.

The committee debate

Members discussed the 10% HMO cap, Policy HOU 13, student accommodation demand, concentrated HMOs, narrow streets and limited parking.

“The Committee subsequently moved into confidential business at this point. Considering the legal opinion, Councillor Gallagher stated that the application should be determined in accordance with the relevant planning policies and guidelines and expressed the view that the Council should avoid exposing itself to unnecessary legal proceedings or associated costs in the future.”

“Councillor Jackson advised that the application site was situated within an area already characterised by a high concentration of HMOs. He expressed the view that HMOs should be distributed more evenly across the City rather than being concentrated within particular neighbourhoods. He reminded Members of previous discussions regarding the need to avoid circumstances similar to those experienced in the Holylands area of Belfast.”

Minutes

The final decision

The committee overturned the officer recommendation and refused the HMO application.

“The outcome of the vote was; For: Councillor Boyle, Devine, Jackson, Leonard, McGowan and Murphy. Against: Councillor Gallagher Abstain: Alderman Kerrigan, McMorris and Councillor Logue. The Proposal was Carried. The Committee Resolved to overturn the Officer recommendation to approve application LA11/2024/0794/F, and to refuse the application for reasons as previously outlined.”

Minutes