Council accused of acting ‘unreasonably’ by refusing Odd Down HMO

Bath & North East Somerset Council is being challenged after refusing permission for a property in Odd Down to become a house in multiple occupation (HMO).

The council rejected the application to change three-bed 34 Banwell Road into dual use as a four-bed house or HMO for between three and six students.

Planning officers said the semi-detached house shares a party wall and garden boundary with No. 36, while the rear garden of 98 Cranmore Place, which is already a HMO for up to five sharers, backs onto the garden of No.36, with a small footpath as separation.

They said No. 36 would end up “sandwiched” between two HMOs which would cause the people living there “unacceptable” harm.

The council received no objections from the public to the proposals.

Following the refusal in March, an appeal has now been lodged with the Secretary of State. The appellant says the Cranmore Place property is on a separate street with no shared side boundary or continuous frontage.

There is also said to be open green space between the properties.

Four-figure costs are being sought from the council for acting “unreasonably”, with the authority’s conclusion branded “factually incorrect and results from a misinterpretation of the site context and misapplication of policy”.

A planning inspector will now consider whether to uphold the council’s decision or overturn it.