A developer whose plans to turn a three-bed Bath family home into a six-bed house in multiple occupation (HMO) were refused has now appealed to the Secretary of State.
Bath & North East Somerset Council planning officers had recommended Forest Edge Properties’ scheme for 6 Southdown Avenue in Southdown for approval but councillors on the planning committee unanimously turned it down at the end of July.
The developer had originally proposed a seven-bed house HMO with the garage becoming two bedrooms.
They then scaled back the plans, removing the proposed first-floor and front extension, and proposing a bedroom and a bathroom in the garage.
Planning committee member Councillor Paul Crossley (Southdown, Liberal Democrat) said at the time: “This is an example of outrageous greed and cramming stuff into an inappropriate building.”
The committee also heard it had become increasingly difficult to park in the area due to displacement from the neighbouring Oldfield Park and Westmoreland Residents’ Parking Zone.
Councillors agreed that the change of use and conversion of the garage to a habitable space would result in overdevelopment of the site through insufficient space for occupiers and would increase disturbance to neighbouring occupiers from overlooking and noise.
In appealing, the developer’s consultant says no evidence had been provided to suggest that the proposal would cause significant harm to the amenity of adjacent residents or create severe transport impacts.
The consultant’s report says the communal living/kitchen/dining space would be 23.2 square metres, which is above the minimum requirement of 20 as set out within the council’s own HMO licensing standards document for six people.
Meanwhile, all bedrooms exceed the minimum 6.51 square-metre requirement for single bedrooms and council policy indicates that two off-road parking spaces are sufficient for a six-bed HMO.
The report adds: “The refusal appears to have been based on concerns relating to the original (superseded) seven-bedroom scheme and on generalised opposition of HMOs, rather than a fair assessment of the submitted plans in their own merit.”
The proposed HMO would result in a concentration of 8.1% within a 100-metre radius, which is below Bath’s 10% threshold.
A planning inspector will now decide whether to uphold the committee’s decision or to grant permission.
