A developer has won a planning appeal to turn a three-bed semi in Southdown into a six-bed house in multiple occupation (HMO).
A bedroom at an HMO property | Library image
Forest Edge Properties’ plans to change the use of 6 Southdown Avenue, including converting the garage, had been recommended for approval by council planning officers who said the proposals were policy compliant, including being under the 10% threshold for HMOs within a 100-metre radius.
But Bath & North East Somerset Council’s planning committee unanimously turned down the application last July, with Councillor Paul Crossley (Southdown, Liberal Democrat) saying at the time: “This is an example of outrageous greed and cramming stuff into an inappropriate building.”
Other concerns raised by local people were the impact on parking, additional noise and rubbish, and the loss of family homes to students.
During the application process, the plans had been revised, reducing the number of bedrooms from seven to six.
In refusing the plans, the committee said the change of use and garage conversion would be “overdevelopment” due to insufficient space for occupiers, and it would increase disturbance to neighbours.
The developer lodged an appeal last September, and an inspector appointed by the Secretary of State has now upheld it.
In its appeal statement, B&NES Council referred to three of the proposed six bedrooms falling short of Nationally Described Space Standards, but the inspector pointed out that councils have discretion on how to apply those standards – and that in fact all the proposed rooms are in line with B&NES Council’s adopted size requirements.
All six single bedrooms would be bigger than seven square metres (the council’s minimum room size requirement is 6.51 sq m).
The proposed ground-floor communal area, with 23.3 sq m of floorspace, would also exceed the 20 sq m requirement.
The inspector did not consider that noise levels from the HMO would be significantly greater and said there would be no overlooking of No.8 from the new windows.
Although a new rear access door would be closer to No. 8, she said it would not it would make a material difference to how the neighbours use their back garden.
Regarding concerns about over-saturation of HMOs, the inspector’s report said the proposal is in line with the concentration criterion. In response to neighbour concerns about traffic and car parking, she said there would be two off-street spaces, in line with the council’s adopted standards; on-street parking is available and the site is accessible for facilities, services and public transport connections.
Her report found “no substantive evidence” that anti-social behaviour and littering would arise as a result of HMO use, while matters including the driving up of property prices in the area and profit motivation for the scheme were not determining factors.
She set conditions, including secure and weatherproof storage for at least four bikes, along with refuse and recyclable waste storage facilities and the need for a valid energy certificate rating.
B&NES Council is looking at introducing a ban on three-bed ‘family homes’ being converted into HMOs. If adopted, it would come into effect under the new Local Plan.
