Agenda item

The Officer’s presentation;

a.       This is a retrospective application for retention of a dwelling; the final build deviated from the original approved plans.

b.       The original planning application allowed on appeal 11 July 2019; for the erection of new 2 storey dwelling attached to side of 29 Hobhouse Close and associated structures; new property with own post code

c.       Deviations: front bay window is the wrong design; white band is thicker than the others in terrace due to structural methods; no pillars installed; projecting structural walls at ground floor; additional window in first floor rear elevation; the garage to the rear of no.29 is no longer part of the property.

d.       The application was called in by the Ward Members; 90 objections from 42 individuals; concerns expressed ranged from the use of the property as an Airbnb; property modified from 2 bedroom to 5 bed property; the property is a small HMO not appropriate for the location; the property is detrimental to the parking situation in the are due to its use and occupancy; the front elevation of the property is incongruous with the character of the area; the internal arrangements do not march the approved scheme.

e.       The property was granted a Licence for a House of Multiply Occupation for 5 occupants (use class C4) by the Local Authority’s private renting sector housing service.

f.        The short-term letting of the property does not require planning permission and does not form part of this application and should not be given any weight when making the final decision.

g.       The report sets out all the areas of consideration that the application must be weighed against and seeks with this application to remedy the deviation.  Officers recommends the application for approval subject to conditions set out in the report.

Questions for clarification

h.       The issues that have risen centre on no.30 which is tied to the application titled no.29 as it was built on the land owned by no.29.

i.         Members explored what options were available to committee to manage the use of the property to prevent it being used for short lettings to protect the amenity of the area.

j.         HMO License was issued in June 2022 for 5 occupants and restricts the property to an occupancy level that constitutes a C4 use.

k.       Issues of breaches of license for Houses of Multiply Occupation is a matter for the Private Housing Service and not a planning matter.  It is for the Private Housing service to consider whether the use of this property, as an Airbnb, short-term let is in breach of any enforceable legislation.  Evidence would need to be provided to enable the matter to be investigated. 

l.         An owner of a property is able to reconfigure the rooms/space within the dwelling without any reference to planning.  In this instance the owners have increased the number of bedrooms from 2 to 5.

m.     Questions were asked on what conditions could be attached to the grant of the application that would be enforceable, to address the concerns raised by local residents.  Members were reminded that the matter would be for the Private Housing Service to address; that an advice note could be added but not a condition as that would be unenforceable.

n.       Members were reminded that the application before them was to remedy the deviation in the final construction of the property; that the applicant could appeal the decision for non-determination; should the appeal be successful the planning inspector would not consider conditions to mitigation current concerns.  

o.       The Chair noted that there was no appetite to consent to the application without addressing local concerns on the way the property was being managed.  It was proposed that Officers seek legal advice to determine what conditions can be applied from the plethora of legislation; to arrive at a form of words that can be applied and agreed at the next meeting of this committee. 

p.       Members were happy for this matter to be deferred on that basis and when moved by the Chair, seconded by Cllr Francis, it was:

RESOLVED: (7 for; 1 against) That the consideration of the application be deferred to the next meeting of this committee on the 18^th January 2023; that Officers seek legal guidance on the conditions that can applied on granting of the application.