241 Tiverton Road, Selly Oak, Birmingham, B29 6DB

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1 Committee Date: 03/04/2014 Application Number: 2014/00776/PA Accepted: 04/02/2014 Application Type: Full Planning Target Date: 01/04/2014 Ward: Selly Oak 241 Tiverton Road, Selly Oak, Birmingham, B29 6DB Retention of Change of use from residential dwelling (Use Class C3) to a large House of Multiple Occupation (Sui Generis ) with 7 bedrooms. Applicant: Agent: Recommendation Approve Subject To Conditions Mr P Milton Spinney Way, The Park, Thurgarton, Nottingham, NG14 7HA Jigsaw Planning and Development Ltd 1 Park Lane, Southwell, Nottinghamshire, NG25 0QN 1. Proposal 1.1. This application proposes the retention of the change of use from a Class C3 dwellinghouse to a sui generis large house in multiple occupation (HMO) Planning permission was granted in May 2012 (2012/01883/PA) for a single storey rear extension and front dormer window while the property was still in Class C3 use. A rear dormer window was also installed under permitted development rights. In July 2013 internal works were undertaken to create 7 bedrooms and the change of use occurred when 7 students moved in The ground floor comprises 2 bedrooms (11.8sqm and 11.1sqm both including ensuite shower/wc) and a kitchen/lounge. The first floor comprises 3 bedrooms (13.8sqm, 10.45sqm and 8.4sqm all including ensuite shower/wc). The second floor comprises 2 bedrooms (9.64sqm and 7.13sqm) and a separate shower/wc. The property is laid out in accordance with the proposed plans A rear garden of approximately 68sqm is provided No off-street parking is provided. Floor plans Elevations 2. Site & Surroundings 2.1. The application site is a two and a half storey mid-terrace on the east side of Tiverton Road. It is located at the heart of the Bournbrook area where the vast majority of properties are in student occupation, many as Class C4 small HMOs and sui generis large HMOs. Page 1 of 7

2 Site location Street view 3. Planning History /05/ /01883/PA Planning permission granted for the erection of a single storey rear extension and installation of a dormer window to front. 4. Consultation/PP Responses 4.1. Transportation Development: No objection. The proposal is not expected to have any notable impact on traffic and parking at this location. Parking options are limited in the vicinity but there are good public transport links. Secure and sheltered cycle storage provision is recommended to be installed in the rear garden to encourage residents to consider cycling as an alternative mode of travel Regulatory Services: Awaiting response West Midlands Police: Awaiting response Local Councillors, Residents Associations and the occupiers of nearby properties notified of the application; the following responses received: Cllr Karen McCarthy (Selly Oak): Objects. The householder application (2012/01883/PA) showed 6 bedrooms and this is what should have been created with the extension works. The applicant applied for an HMO licence for 7 residents only 3 months later in August bedrooms represent overintensive development of the property with consequent impact on local facilities and amenities, including parking, waste and water/sewerage. Selly Oak Ward Committee: Objects. The property is too intrusive, overintensive for the site and adds nothing to the immediate and surrounding neighbourhood. An increase in the local population would put an unacceptable strain on resources available to the ward and would impact on community cohesion and safety due to the transient nature of the occupants. The increase in this type of application is of ongoing concern to the Ward Committee and local residents due to the intensity of such developments in area that are already over-populated and the impact of noise, traffic, parking and community facilities adversely affects family life and those residents seeking quiet enjoyment of their homes. Bournbrook Neighbourhood Forum: Objects. It appears the intention was always to use the property as a 7-bed HMO. The property is in a residential area and is unsuited to being used as a large commercial HMO. There is inadequate sound insulation to the attached property. Parking for the area is insufficient as it is likely several of the intended occupants will have cars. The water and sewer supplies in the area are becoming overburdened. The concentration of inhabitants will generate large amounts of rubbish. The amenity of the area will be detrimentally affected. The intensity of development is also excessive and will adversely affect the area. Selly Oak Branch Labour Party: Objects. There are too many houses in multiple occupation in the Bournbrook area and another one should not be permitted. Page 2 of 7

3 Also, this one is far too large and too intensive. It is completely unsuitable for the area. 1 letter from a local resident: Objects. All side roads in Selly Oak are saturated by the density of the student population. There are problems with traffic, cleanliness, rats, noise, and with normal amenities in the shopping area. This distorts the living conditions for ordinary people and families and drives them out, thereby exacerbating the problem. Any future extension plans should be refused. Apparently student populations are falling and extensions should not be necessary. The potential rental income inflates house prices, making them unobtainable for first-time buyers or young families or retirement properties which would help to balance the variety of population and be of benefit to the area, perhaps encouraging other traders into the shops apart from the present letting agencies and fast-food outlets. Planning decisions should be used to transform the area so it benefits all in the city and retrospective applications should be refused. 5. Policy Context 5.1. UDP 2005; Draft Birmingham Development Plan 2013; SPG Selly Oak Local Action Plan 2001; SPG Places for Living 2001; SPG Residential Uses (Specific Needs) 1992; SPD Car Parking Guidelines 2012; National Planning Policy Framework Planning Considerations Principle 6.1. UDP policy 5.19C acknowledges there are areas of the City where the quality of the residential environment has been adversely affected by high levels of student and other private rented accommodation and it states that Areas of Restraint will apply in such areas to prevent further erosion of the residential character. UDP policy and the Selly Oak Local Action Plan (SOLAP) define the Area of Restraint in Bournbrook and indicate that within it, planning permission may be refused for further HMOs and purpose-built student accommodation Notwithstanding the Area of Restraint designation, the student population has continued to increase incrementally and is now highly concentrated in the Bournbrook area. The Council has recently undertaken public consultation on a proposed Article 4 Direction. This would introduce a requirement for planning consent for a matter which currently is Permitted Development - changing from a Class C3 Dwellinghouse to a Class C4 small HMO (with between 3 and 6 unrelated residents). If the Article is confirmed, it will cover a wide belt surrounding the area around Bournbrook where there is a realistic prospect of maintaining a balanced community. However, in Bournbrook itself, where this application site is, there is little opportunity to redress the balance and the key issue for consideration here is whether one further sui generis HMO would materially affect the character of the area. Other cross-departmental work being coordinated by the Council will be addressing wider environmental issues within the area The vast majority of dwellings in the vicinity of the application site appear to be in student occupation and the non-traditional family dwelling character is firmly established. There is already a cumulative effect due to the proportion of properties in private rent in the locality and approval of this application would not significantly alter that. Refusal of this application on the grounds that it would exacerbate the existing change in character is highly unlikely to be capable of justification at appeal. Page 3 of 7

4 6.4. Detailed matters for consideration in the assessment of HMOs are set out in UDP policy 8.24 and include the effect of the proposal on the amenities of adjoining occupiers, the size and character of the property, the floorspace standards of the accommodation, car parking facilities. Impact on adjoining occupiers 6.5. At the time of writing, comments from Regulatory Services are awaited however it is noted that no representations have been received from the occupiers of either of the adjoining properties. Other than the presence of two bedrooms on the ground floor, the layout accords with a traditional dwelling with communal space on the ground floor and bedrooms on the upper floors. The property could have up to six bedrooms without the need for planning permission and the noise and disturbance likely to be generated by one additional occupant is unlikely to have a significant effect on adjoining occupiers The side-facing first floor window in bedroom 5 is clear glazed and fails to comply with the recommended 10m per storey setback in Places for Living where habitable room windows are proposed overlooking private space. I note from the plans associated with application 2012/01883/PA this is an original window and although previously to a bathroom, the neighbour has a similar clear-glazed window so there is equal overlooking. On that basis I believe it would be unreasonable to withhold consent on this use. Size and character of the property and floorspace standards 6.7. While the use of small terraced dwellings as HMOs is normally resisted, the property benefits from an extension and dormer windows and in its enlarged state is capable of providing a suitable layout. The shared kitchen and lounge are relatively small but all of the bedrooms meet the 6.56sqm recommended in Places for Living. Double beds are shown on the plans but in reality these are not full size doubles at 1.2m wide by 2m long. Car parking and highway safety 6.8. No off-street car parking can be provided due to the small size of the site however Transportation Development notes that this is the same for most properties in Bournbrook. On-street parking is in high demand but the site is well-served by public transport, it is 600m to Bristol Road where there is access to shops and services and the University of Birmingham is only a short distance beyond that. Transportation Development does not anticipate parking and traffic movement generated by this site likely to have a notable impact on the area and I have no reason to disagree. The recommendation to require cycle storage in the rear garden is noted and a suitable condition is attached. 7. Conclusion 7.1. This application is recommended for approval. The former traditional residential character of the area has already been eroded and approval of this application would not materially affect the new character of the area. The internal layout is acceptable and the site is not expected to have a significant adverse effect on adjoining occupiers or local highway conditions. 8. Recommendation 8.1. Approve subject to conditions Page 4 of 7

5 1 Requires the scheme to be in accordance with the listed approved plans 2 Requires the submission of cycle storage details Case Officer: Amy Stevenson Page 5 of 7

6 Photo(s) Figure 1: Application site Page 6 of 7

7 Location Plan a 33a m TEIGNMOUTH ROAD Depot m m Works 201a Works Baths a m 113a m a a 198a Works 250 to a a TIVERTON ROAD This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No , 2010 Page 7 of 7