Seven-person HMO at 45 Tangier Road, Portsmouth

What was proposed

The application sought to change a dwelling into a seven-bedroom, seven-person house in multiple occupation, with ensuite bedrooms, communal space and cycle storage.

“CHANGE OF USE FROM DWELLINGHOUSE (CLASS C3) TO A 7-BED/7-PERSON HOUSE IN MULTIPLE OCCUPATION (SUI GENERIS)”

“The proposal is for the change of use of the property from a dwellinghouse (Class C3) to a 7 Bedroom - 7 Person House in Multiple Occupation (Sui Generis).”

Officer report

The site and surroundings

The site is a two-storey terraced property in a mixed area within a local centre, near shops, services, buses and Baffins Pond.

“The application site is a terraced two storey property. The area is mixed in its character, with a variety of two storey buildings. Some of these are houses whilst others are shops and other commercial uses with flats above…”

“The site is located within the Tangier Road Local Centre, where there are a range of shops, leisure, employment and services, and local buses. Fratton Rail station is an approximate 30 minute walk to the south. Baffins Pond is approximately 275m to the east.”

Officer report

Earlier planning history

An earlier pre-application request resulted in an officer opinion that the property was in dwellinghouse use.

“14/00456/PREAPP Preapplication request for confirmation on use of property Officer opinion that application site was in C3 use…”

Officer report

What officers recommended

Officers concluded that the proposal was acceptable and recommended conditional permission, subject to a legal agreement securing Solent protection mitigation.

“RECOMMENDATION I - That delegated authority be granted to the Assistant Director of Planning & Economic Growth to Grant Conditional Permission subject to satisfactory completion of a legal agreement to secure:”

“(a) the mitigation of the impact of the proposed residential development on Solent Special Protection Areas (recreational disturbance and nitrates) by securing the payment of a financial contribution and relevant conditions (below);”

Officer report

Consultees’ views

Highways and Private Sector Housing raised no objection; cycle storage and a housing licence were identified as relevant requirements.

“No objection. Tangier Road is a residential road with bus stops and local amenities in close proximity. It is not considered that size of development would lead to a material impact to the function of the highway or result in any unacceptable safety impact. There may be increase insistences of vehicles hunting for space in the vicinity, this is however an issue of residential amenity for your consideration of the application. A condition for cycle storage is requested.”

“No objection. The property would likely require a licence under Part 2, Housing Act 2004.”

Officer report

Objections received

Twenty-four representations opposed the scheme, raising concerns including parking, noise, crime, infrastructure, drainage, density, character and flood risk.

“Increase in noise and disturbance; • Increase in crime and anti-social behaviour; • Lack of car parking provision leading to an increase in traffic and exacerbation of existing on-street parking problems; • Undue strain on local services and infrastructure, including sewage, drainage, waste management and Doctors/Dentists…”

“Concerns about impact on community • Density of HMOs within the city and local area • Impact on character of the area • Overdevelopment of the site and issues with room sizes not meeting the required standard • Impact of flood risk • HMO register is out of date…”

Officer report

Who spoke

The agent addressed the committee as a deputation speaker.

What members debated

Members questioned parking and sewage, while officers said parking standards were the same for the existing and proposed uses and refusal on parking was indefensible.

“The area in front of the property was not a parking space. They noted that the fallback position for the lawful use of the property for C3 had a parking standard of two spaces under the adopted guidance, and the proposed use also had a parking standard of two spaces meaning there was no increase in demand for parking because of the current application.”

“Officers stressed to members that the application was policy compliant on the parking issue because the standard for the existing and the proposed uses were exactly the same. In their professional opinions, there was not a technical failure against the standards and a decision to refuse based on parking would be fully indefensible.”

Minutes

The committee’s decision

The committee resolved to refuse permission contrary to the officer recommendation.

“DECISION RESOLVED to refuse to grant planning permission contrary to officer recommendation for the following reasons:”

Minutes

Why permission was refused

The stated reasons were insufficient parking causing highway safety and residential amenity impacts, and no mitigation for Solent Special Protection Areas.

“Lack of car parking due to the location in front of zebra crossing in a commercial centre leading to highway safety impacts and loss of amenity for residents.”

“No mitigation for the effects on the Solent Special Protection Areas (recreational disturbance and nitrates).”

Minutes