Four-bed HMO at 24 Hawthorn Terrace, Londonderry

“LA11/2025/0700/F A PPLICATION TYPE: Full Planning Application P ROPOSAL: Retention of change of use from 4 bed dwelling to 4 bed HMO L OCATION: Hawthorn Terrace, Londonderry, BT48 0DT APPLICANT: Cecelia Doherty A GENT: Tom Doherty A DVERTISEMENT: 21st and 23 rd October 2025 S TATUTORY EXPIRY: 4 h and 6 th November 2025 R ECOMMENDATION: Approval R EASON FOR PRESENTATION TO COMMITTEE: More than five separate individual objections A ll planning application forms, drawings,…”

“Site and Surrounding Area 4.1 The site is a terrace two storey dwelling located along Hawthorn Terrace. It is finished in pebble dash render with pvc windows and front door which opens to the public footpath. There is no in curtilage parking at the site. To the rear there is a small yard. This street and surrounding area is predominantly residential. The site is located within the development limits of Derry City as set out in Map 2 of the Derry Area Plan (DAP) 2011.”

“Planning History A/1988/4024 Decision: Permitted Development Decision Date: March 1988 Proposal: Alterations & Improvements to dwelling…”

“Planning Assessment and Other Material Considerations 11.1 Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise. The proposal has therefore been assessed against the policy framework listed in paragraph 8 and all other material considerations including consultation responses and relevant planning history.”

“Houses in Multiple Occupation (HMO) 11.4 A HMO does not fall within any use class as contained within The Planning (Use Classes) Order (Northern Ireland) 2015 and is therefore considered 'sui generis'. A HMO is also considered to be one unit of accommodation.”

“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. Hawthorn Terrace contains 43 dwellings. As per the direction in paragraph 16.102 of the Justification and Amplification to Policy HOU 13, the percentage of current HMOs on Hawthorn Terrace is calculated as 16.2%.”

“Consultee Responses • Environmental Health No objections. • DFI Roads – No objection. • NI Water - Refusal. Subject to the applicant engaging with NI Water as outlined in this response, NI Water may reconsider its recommendation.”

“Representations A total of 19 objections have been received from 15 separate postal addresses. The concerns raised are summarised below: • Parking and road safety • Impact on emergency services, bin lorries, deliveries and oil lorries including vulnerable residents • Cumulative effect on character of the area rather than just the facade. • Overprovision of HMOs on Street and within 100m of Hawthorn Terrace…”

“He stated that the continued concentration of HMOs within areas already subject to high levels of such accommodation was not consistent with the future growth and development that the Council wished to see within the City. On that basis, Councillor Jackson proposed, seconded by Councillor Leonard, that the Officer recommendation be overturned and that planning permission be refused for reasons as previously discussed under LA11/2024/0794/F.”

“Councillor Gallagher stated that he considered the application should be approved. He advised that he had not heard any planning or legal grounds that would justify departing from the Officer recommendation and, on that basis, expressed his support for the recommendation to grant planning permission. It was noted that Councillor Boyle and Alderman McMorris had stepped out of the meeting and would therefore abstain from the vote.”