Committee Date: 17/07/2014 Application Number: 2014/02259/PA Accepted: 28/04/2014 Application Type: Full Planning Target Date: 23/06/2014

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1 Committee Date: 17/07/2014 Application Number: 2014/02259/PA Accepted: 28/04/2014 Application Type: Full Planning Target Date: 23/06/2014 Ward: Selly Oak 101 Hubert Road, Selly Oak, Birmingham, B29 6ET Retention of change of use from Class C3 dwellinghouse to sui generis HMO, erection of ground and first floor rear extensions and front and rear dormer windows, and increase from 8 to 10 bedrooms. Applicant: Agent: Recommendation Approve Subject To Conditions Mr M Ali 101 Hubert Road, Selly Oak, Birmingham, B29 6ET Arcon Architects 250 Walsall Road, Birmingham, B42 1UB 1. Proposal 1.1. Planning permission is sought for: retention of the change of use of the property from a Class C3 dwellinghouse to a sui generis House in Multiple Occupation (HMO) erection of a ground and first floor rear extension retention of front and rear dormer windows resulting increase from 8 to 10 bedrooms 1.2. As the applicant has recently purchased the site it is not known when the change of use took place, however the property had 8 bedrooms at the time he acquired the site. Initially, the application proposed an increase to 11 bedrooms but the scheme has been altered during the course of the application in response to officer advice The existing rear wing would be lengthened and widened to create a ground floor wing measuring 9.5m long x 3.5m wide x 3.1m tall with a monopitch roof and a first floor wing measuring 4.4m long x 3.2m wide x 7.5m tall with a monopitch roof The front dormer, already constructed, is positioned approximately centrally on the front roofslope of the original part of the house and measures 1.7m wide x 2m tall x 3.3m deep The rear dormer, also constructed, is positioned approximately centrally on the rear roofslope of the original part of the house and measures 1.7m wide x 2.1m tall x 3.4m deep Internally, the site would comprise: Page 1 of 7

2 Ground floor: 3 bedrooms all with ensuite shower room (12sqm, 10.23sqm and 9.78sqm), separate WC, large lounge/kitchen First floor: 5 bedrooms all with ensuite shower room (ranging between 13.45sqm and 10.8sqm) Second floor: 2 bedrooms both with ensuite shower room (16.5sqm and 12.7sqm but both with some reduced headheight) 1.7. The applicant owns No.99 Hubert Road, which is the adjoining semi, and a concurrent application (2014/02247/PA) for a similar proposal features elsewhere on this agenda. Proposed floor plans Proposed elevations 2. Site & Surroundings 2.1. The application site forms half of a pair of winged semi-detached properties c.1900 both benefitting from a two storey side extension erected in the mid-1990s. The planning history indicates that both this and the adjoining site, No.99 Hubert Road, were used as shops until The majority of nearby properties are modest winged terraces with very shallow front gardens and fairly short rear gardens The site is close to the junction of Hubert Road and Exeter Road and the grounds of the Elim Church Centre, part of which is used as a day nursery. No. 103 Hubert Road is residential The surrounding area is predominantly residential and comprises a mix of Class C3, Class C4 and sui generis HMOs since many properties are occupied by students due to the proximity to the University of Birmingham. Location Plan Street View 3. Planning History /09/ /02694/PA 101 Hubert Road Planning permission granted with conditions for conversion of shop to house and erection of two-storey side extension /04/ /02247/PA 99 Hubert Road Planning application for retention of change of use from Class C3 dwellinghouse to sui generis HMO, erection of ground and first floor rear extensions and front and rear dormer windows, and increase from 8 to 10 bedrooms Awaiting decision. 4. Consultation/PP Responses 4.1. Transportation Development: No objection. It is not considered this change will have any notable impact upon traffic and parking demand at this location. While parking options are limited within the vicinity it must be acknowledged there are good public transport links. If possible, secure and sheltered cycle storage provision Page 2 of 7

3 should be installed within the rear area to encourage residents to consider this alternative mode of travel West Midlands Police: no objection Local MP, Councillors, Residents Associations and the occupiers of nearby properties notified of the application: the following responses received: Community Partnership for Selly Oak: Objects. Rear extension is very large and this and dormer window are likely to cause overlooking. Too many bedrooms, maximum should be 6. Inadequacies in the internal layout to the detriment of amenity for occupants. Strain on local services from the number of toilets and showers. Property is unlikely to be converted back to a family dwelling. In conjunction with No. 99 Hubert Road the proposal would create a 22 room hall of residence which would be out of keeping with the character of the area. Selly Oak Branch Labour Party: Objects. It is far too intensive and the extensions are too large for what was a small residential house. TARA Bournbrook Neighbourhood Forum: Objects. The property is in a residential area and is unsuited to being used as such a large HMO. They are also adjacent to the local Elim Church and a Children's Nursery. Inadequate sound insulation to the attached properties. Insufficient parking in the area. Water and sewer supplies in the area are already becoming overburdened. The residents will generate excessively 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. 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; SPG 45 Degree Code 2006; SPD Car Parking Guidelines 2012; National Planning Policy Framework 2012; DCLG Planning Practice Guidance 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 Page 3 of 7

4 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, especially as the premises are already used as an 8 bed HMO 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. The application property adjoins Nos. 99 and 103 Hubert Road. No.99 is also under the applicant s ownership and is the subject of a similar concurrent application. As the number of occupants and internal layout would be similar, noise transmission between the properties is expected to be the same. In respect of No. 103, all of the adjoining rooms within No. 101 would be bedrooms so they are unlikely to generate significant disturbance for No More general noise and disturbance arising from the number of occupants is unlikely to have a significant impact given the large number of intensively occupied properties in the vicinity The proposal complies with the 45 Degree Code in respect of both the existing and proposed situation at No. 99 Hubert Road and, due to the relative position of the properties, there would be no overlooking. The proposal also complies with the 45 Degree Code in respect of No. 103 and, although there are habitable room windows in the side elevation of the rear extension, these would face the blank side wall of No. 103 s wing and there would be no overlooking. The outlook from these proposed side-facing windows would be restricted as the distance to the existing wall would be 4m. Although less than the 12.5m recommended in Places for Living, this is the already the current situation with the existing side kitchen and bedroom windows on the rear wing and is to be expected in traditional Victorian terraced areas. 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 already benefits from a two storey extension and including the proposed extensions would be capable of providing a suitable layout - all of the bedrooms exceed the space guidelines of 6.56sqm in Places for Living and 6.5sqm in SPG Residential Uses (Specific Needs), additionally each bedroom has an ensuite, and there would be a large communal kitchen and living spaces and a usable garden area retained. Car parking and highway safety 6.8. No off-street car parking can be provided due to the small size of the site and Transportation Development notes the limited parking options in the vicinity but 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 approximately 350m 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 Page 4 of 7

5 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. External alterations 6.9. The scale and design of the ground floor rear extension is considered to be acceptable, taking account of the length of the original rear wing which would only be exceeded by 1.2m. First floor wing extensions are not normally permitted by the 45 Degree Code in order to preserve light and outlook for adjoining terraces however in this case, as No.103 s blank wing is adjacent to the application site no harm would arise from the proposed extension. Consequently I have no objection to the proposed enlargement of the first floor section of the rear wing. 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 for a house already used as an 8 bed HMO 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 1 Requires the scheme to be in accordance with the listed approved plans 2 Requires the prior submission of sample materials 3 Requires the prior submission of cycle storage details 4 Limits the approval to 3 years (Full) Case Officer: Amy Stevenson Page 5 of 7

6 Photo(s) Figure 1: Front elevation Figure 2: Rear elevation Page 6 of 7

7 Location Plan 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