Flexible HMO and dwelling use at 6 Goodyear Crescent Sherburn Road Estate, Durham

What was proposed

The application sought ten-year flexible use between a dwellinghouse and a small HMO, with cycle and bin storage in the rear garden.

“Planning permission is sought to change the use of the property from a dwellinghouse (Use Class C3) to a flexible use which allows the property to switch between a House in Multiple Occupation (HMO) (Use Class C4) and a…”

“Cycle storage and bin storage is proposed within the rear garden area.”

Officer report

The site

The site is a two-storey semi-detached house in an existing residential area, with no off-street parking.

“The application site is a two storey semi-detached dwellinghouse located at the junction of Goodyear Crescent and Habgood Drive, within an existing residential area at Sherburn Road, approximately 2km to the east of Durham City Centre. The front of the site is enclosed by a low level wall with a pedestrian access and grassed area to the front and side, and a mix of grass and hardstanding to the rear. At present the property does not benefit from any off-street parking.”

Officer report

Planning history

There were no planning applications relevant to this proposal.

“There are no planning applications that are relevant to the current application.”

Officer report

What officers recommended

Officers recommended approval because the proposal met relevant policies and would not cause unacceptable community imbalance, amenity harm or highway safety problems.

“When assessed against other policies of the County Durham Plan relevant to the application, it is considered that the introduction of a small HMO utilising Class V of Part 3 of the GPDO to interchange from a C4 small HMO to a C3 dwellinghouse for a period of 10 years in this location would not unacceptably imbalance the existing community towards one dominated by HMOs, nor would it result in an unacceptable impact upon the amenity of existing or future residents through…”

“The proposed scheme is therefore considered to be in accordance with Policies 6, 16, 21, 29, 31 and 41 of the County Durham Plan, the Parking and Accessibility and Residential Amenity SPD’s, Parts 2, 4, 9, 12, 14 and 15 of the NPPF and Schedule 7A of the Town and Country Planning Act 1990.”

Officer report

What consultees said

Highways raised no objection, Environmental Health supported conditions, and the area contained 6.3% exempt student properties within 100 metres.

“HMO Data confirms that within the 100m radius of, and including 6 Goodyear Crescent, 6.3% of properties are Class N exempt student properties as defined by Council Tax records.”

“Environmental Health Nuisance Action have raised no objections subject to conditions relating to sound proofing measures and management plans.”

Officer report

Objections and support

Two organisations objected over highway safety, noise, residential amenity and the possible effect of flexible use on HMO monitoring.

“The application has been advertised by site notice and individual notification letters sent to 13 neighbouring properties. Two letters of objection have been received from Gilesgate Residents Association and the City of Durham Trust.”

“Impact on highways safety • Increased noise and disturbance to residential amenity • Concern raised that there is a clear risk of thwarting the very purpose of the Article 4 Directions through the proposed flexible use permission as both a House in Multiple Occupation (Use Class C4) and as a Dwellinghouse (Use Class C3) and that consideration needs to be given to how the property is recorded when assessing new proposals against the requirements of policy 16 of the CDP.”

Officer report

Who spoke

A City of Durham Trust representative asked how flexible properties would be counted, and an officer explained that robust recording arrangements were intended.

What members discussed

Members discussed HMO recording, flexible use, student housing, council tax losses and whether the policy threshold should be reduced.

“Councillor M Wilkes noted the Principal Planning Officer had said ‘intention’ and asked whether a policy change was required. The Principal Planning Officer noted it was simply a change in recording.”

“Councillor M Wilkes noted that once again the Committee was at the position of deciding upon another property being changed to a student let. He noted that each student property represented a loss of around £2,000 in Council Tax, though noting students should not be expected to pay Council Tax.”

Minutes

The committee decision

The committee approved the application subject to the report’s conditions, with the date in Condition 3 amended to run from the decision notice.

“Councillor M Wilkes moved that the application be approved, he was seconded by Councillor D Freeman and upon a vote being taken it was:”

“That the application be APPROVED, subject to the conditions as set out within the report, with amendments to Condition 3 in relation to the date from the Decision Notice as discussed by the Committee.”

Minutes