Agenda item - BH2019/02055 -10 Gladstone Terrace, Brighton BN2 3LB- Full Planning

RECOMMENDATION – GRANT

Ward Affected: Hanover and Elm Grove

            Change of use from existing 3no bedroom residential flat (C3) to 6no bedroom small house in multiple occupation (C4) (retrospective)

(1)        It was noted that an in-depth presentation had been provided by officers in advance of the meeting and was included on the council website detailing the scheme by reference to site plans, floor plans, elevational drawings and photographs which also showed the proposed scheme in the context of neighbouring development.

(2)        The application site related to a first and second floor flat in a three- storey terraced house. The property was not located in a conservation area, but there was an Article Four direction in place restricting the conversion of single dwelling houses to houses in multiple occupation (C4 use class). This application sought consent for change of use from a 3 bedroomed flat to a six bedroomed small house in multiple occupation (C4) (retrospective). The main considerations in determining the application related to the principle of the change of use, impact upon neighbouring amenity, the standard of accommodation which the use would provide and transport issues. Overall, the scheme was considered to be acceptable, although as it was considered that a property housing 6 non-connected adults would be likely to generate more noise disturbance than a typical family using the same space, in consequence a condition had been attached restricting the use of the flat roof as a terrace area to safeguard the amenities of neighbouring properties. Given that the property was a flat it did not benefit from permitted development rights and could not be extended without the need for planning permission. The application was recommended for grant.

            Questions for Officers

(3)        Councillor Theobald sought confirmation regarding whether the property was already operating as an HMO as it appeared that retrospective permission was being sought. It was confirmed that the property had been operating as an HMO since April 2019.

(4)        Councillor Shanks sought clarification regarding the number of HMO’s identified by the mapping exercise, she was familiar with the area and was aware that there were a large number of multi- occupied properties. It was confirmed that 8 properties had been identified out of 100, within a 50m radius, which fell below the 10% trigger level.

(5)        Councillor Miller referred to the fact that this unit was located in a terraced property and was sandwiched between other flats in the same building. He asked whether there were policies in the City Plan Part 2 which gave the ability to restrict such use.

(6)        Councillor Yates asked whether the mapping exercise identified all properties within the agreed radius e.g., churches/shops or only those dwellings which were in domestic use. The Head of Planning, Liz Hobden, explained that whilst there was no provision within the City Plan to prevent flatted accommodation from being used as an HMO, under the Use Classes Order only HMO’s with between 3 and 6 residents represented a change of use.

            Debate and Decision Making Process

(7)        Councillor Childs stated that he did not support the application, which , had resulted in the loss of a family home, for which there was a need in the City. An adverse impact could also occur in terms on noise, traffic and refuse generated by this intensified use, also on neighbouring amenity.

(8)        A vote was taken and on a vote of 7 to 3 planning permission was granted.

129.3    RESOLVED – That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to GRANT planning permission subject to the Conditions and Informatives also set out in the report.