Team Leader: Alex Harrison Minor Applications Team Leader Contact Details:

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1 APP 04 Application Number: 14/01203/FUL Minor Retrospective change of use from bed and breakfast (use class C1) to 13 bedroom house in multiple occupancy (use class Sui Generis) divided between 2 buildings (Resubmission of 13/01826/FUL) AT 111 Church Green Road, Bletchley, Milton Keynes FOR Mr Oliver Lynch Target: 28th July 2014 Ward: Bletchley Park Parish: West Bletchley Council Report Author/Case Officer: Sarah Hine Contact Details: sarah.hine@milton-keynes.gov.uk Team Leader: Alex Harrison Minor Applications Team Leader Contact Details: alex.harrison@milton-keynes.gov.uk 1.0 INTRODUCTION (A brief explanation of what the application is about) 1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together, planning history, additional matters and summaries of consultees responses and public representations. Full details of the application, including plans, supplementary documents, consultee responses and public representations are available on the Council s Public Access system All matters have been taken into account in writing this report and recommendation. 1.2 The Site The site is located in the residential area of Church Green Road and is occupied by two detached properties one of which is referred to as 111 Church Green Road, the original three storey house which fronts onto Church Green Road. The second property is 111a which is a detached two storey dwelling to the rear. The site was previously operated as a bed and breakfast with 111a as the owner s accommodation. To the rear is an area of hardstanding currently used for car parking with a mature tree protected by a Tree Preservation Order within it, beyond this is informal soft landscaping. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report.

2 1.2 The Proposal Retrospective planning permission is sought for the conversion of 111 Church Green Road from a Bed and Breakfast (use class C1) to a 13 bedroom House in Multiple Occupation (HiMO), use class Sui Generis. The accommodation will be divided as 8 beds within the 111 and a 5 bed HiMO in the former owner s accommodation (111a) this will provide accommodation for 13 unrelated occupants. Both the main house and former owner s accommodation have separate entrances, kitchens and living accommodation therefore each unit operates as a separate HiMO sharing only parking, amenity space and refuse storage. Details of the proposal as described above can be seen in the plans appended to this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National Policy National Planning Policy Framework - Paragraph 7: Definition of sustainable development - Paragraph 17: Bullet point 4- High quality design - Paragraph 63: Design standards - Paragraph 64: Poor design 2.2 Local Policy Core Strategy Policy CS 13: Ensuring High Quality, Well Designed Places. 2.3 Adopted Milton Keynes Local Plan D1 Impact of development proposals on locality T15 Parking provision H10 Subdivision of dwellings and Houses in Multiple Occupation 2.4 Supplementary Planning Guidance Houses in Multiple Occupation Supplementary Planning Document Parking Standards for Milton Keynes (April 2009 Addendum) 3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) 3.1 Impact on Character and Appearance of the area There are currently no other HiMO s within the area and therefore the proposal is considered acceptable in terms of the council adopted standard. The application is retrospective and did not result in any external changes to 111 or 111a Church Green Road. 3.2 Impact on highways Under the parking standards set out in the Houses in Multiple Occupation SPD the requirement is to provide eleven independently accessible off-street parking spaces. There is sufficient car parking provided to the rear of the site to accommodate this.

3 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to the conditions set out at the end of this report. 5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation) 5.1 Impact on character and appearance of area The adopted HiMO SPD recognises that an over concentration of HiMO s can result in a detrimental impact within an area due to the often transient nature of the population living in such accommodation. The SPD sets out that HiMO s should not exceed 35% of the total number of properties within a 50 metre radius of the application property to avoid the over concentration with any area. The percentage is calculated through the assessment of the number of lettable rooms within HiMO s plus the number of one bedroom properties within the sample area against the number of residential dwellings. 5.2 In accordance with the adopted HiMO SPD, it is noted that no other HiMO s are recorded within the 50 metre radius of 111 Church Green Road When the 13 bedrooms at 111 and 111a Church Green Road are calculated the total concentration for the site is 32% which is therefore below the 35% threshold and is therefore acceptable. In these terms the HiMO at 111 Church Green Road is considered acceptable. 5.3 The previous use of the site was bed and breakfast accommodation, it is considered that this use by its nature would have resulted in an increased number of comings and goings from the site which by the nature would be disruptive to residents. It is considered that number of comings and goings and associated disturbance would be less for the house in multiple occupation. 5.4 Impact on highways The Highways officer has confirmed that in accordance with the adopted parking standards 11 on plot parking spaces should be provided for a 13 bedroom HiMO. Therefore the provision to the rear of the application site is considered acceptable. A number of representations received in relation to this application have referenced a restriction to prevent residents parking on Church Green Road, it is considered that sufficient parking is provided within the site. If residents parking on Church Green Road results in traffic issues then additional traffic regulations should be sought from the council s traffic department. It is considered that the control of parking within this location is beyond the scope of this planning application. 5.5 Other matters Policy H10 of the Local Plan requires that HiMOs are provided with adequate outdoor space which is easily accessible to be used as a bin store. The SPD specifies that an area 15sqm should be provided for drying and bin storage.

4 The SPD does not give and indication of the specific size for the bin store, but requires that storage is provided for: 1 black sack per bedroom 1 pink recycyling sack per bedroom 1 blue recycling box per 3 bedrooms 1 x 240 litre green bin for food and garden waste per 6 bedrooms The SPD also requires that bin stores are secured, unobtrusive and easily accessible from the road. 5.6 It is considered that the proposed bin store will provide sufficient space to accommodate refuse provisions in accordance with the standards set out within the SPD. It is noted that a number of public representations have made reference to vermin infestations with the current refuse arrangements, it is considered that the proposed meet the planning requirements in respect of refuse and that pest control issues are a separate matter which should be addressed by the relevant council department Church Green Road is set within a large plot and it is considered that there is adequate space within the property to provide drying space for the residents. 5.8 Cycle storage is required at a level of 1 space per bedroom. It is considered that the existing garages to the rear of the site provide sufficient space for the cycle storage, it is considered that the delivery of this facility can be adequately secured by condition. 5.9 Noise has been identified as a key issue associated with the sub-division of homes, this noise is divided into two categories of either internal noise (i.e. noise from televisions or doors banging) or external (i.e. parties or anti-social behaviour). Given that both 111 and 111a are detached properties internal noise is not identified as an issue although a condition will seek to provide a sufficient level of internal noise insulation to protect the amenity of residents. This condition will require the submission of a noise assessment, that all internal bedroom walls and (where there is a habitable room above or below) bedroom ceiling and floors, meet the sound insulation standard of a minimum value of 40dB It is considered that external noise maybe an issue given the high concentration of HiMO residents within one facility. That said this is not considered sufficient to justify a refusal and it is considered that surrounding residents are adequately protected by other existing legislation Conclusion In conclusion it is considered that the proposal will not adversely impact on the character of the area and that adequate car parking is provided within the site.

5 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 51 of the Planning and Compulsory Purchase Act (D11) 2. Within 3 months of the date of this notice, the following shall be undertaken: A) All party walls to adjoining properties shall meet the sound insulation standard of a minimum value of 43dB and all internal bedroom walls and (where there is a habitable room above or below) bedroom ceilings and floors shall meet the sound insulation standard of a minimum value of 40dB. B) Proof that the above standards have been achieved shall be provided by the submission of a noise assessment to the Local Planning Authority. The noise assessment shall be carried out in accordance with British Standard 8233:1999 (Sound Insulation and Noise Reduction in Buildings) and shall demonstrate that the sound insulation achieves the minimum values as stated above. The submitted details shall include the test methodology and results with all supporting data. Reason: To avoid nuisance from noise and vibration between the proposed dwelling units and between adjacent properties and the proposed dwelling units. 3. Within four weeks of the date of this decision submit to the Local Planning Authority for their written approval details of on site bin storage for the storage of household refuge and recyclables. Within eight weeks of the date of written approval of the local Planning Authority install the bin storage and thereafter retain and maintain in accordance with the approved details. Reason: To ensure satisfactory facilities and to prevent harm to the amenities of the area. 4. Within 4 weeks of the date of this decision details of the rotary driers/drying area and cycle parking shown in the approved drawings shall be submitted to the Local Planning Authority for their written approval. Within eight weeks of the date of written approval of the Local Planning Authority install the rotary driers/drying area and cycle parking and thereafter retain and maintain in accordance with the approved details. Reason: To safeguard the appearance of the area and the amenities of local residents. 5. Within two months from the date of this decision notice the car parking area shown on the approved drawings shall be constructed, surfaced and permanently

6 marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway.

7 Appendix to 14/01203/FUL A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) A1.1 03/00622/FUL CHANGE OF USE FROM DWELLING (USE CLASS C3) TO BED & BREAKFAST ACCOMMODATION (USE CLASS C1) PERMITTED /00269/FUL RESIDENTIAL DEVELOPMENT COMPRISING EXTENSION AND CONVERSION OF MAIN BUILDING FROM BED & BREAKFAST (CLASS C1) TO FOUR FLATS, DEMOLITION OF OUTBUILDINGS AND ERECTION OF TWO HOUSES AT REAR. REFUSED /01826/FUL Retrospective change of use from bed and breakfast (use class C1) to 13 bedroom house in multiple occupancy divided between 2 buildings WITHDRAWN A2.0 ADDITIONAL MATTERS A2.1 None (Matters which were also considered in producing the Recommendation)

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12 A3.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council s web site) Comments Officer Response A3.1 Senior Landscape Architect No objection Highways Development Control The Council s adopted parking standards for HIMOs include standards up to a total of 7 bedrooms. Unlike the standard for C1 use (which is 1 space per bedroom in zone 3, where the site is located) HIMO standards require less than 1 space per room (apart from a 3 room HIMO which is 1 per room). The requirement ranges from between 71% and 83% of the maximum of 1 per room. With no parking standard for 13 rooms it is reasonable that the parking requirement should also sit within the above range of 71% - 83% which is 10 or 11 spaces. The applicant has included a parking layout for 11 spaces which is up to the higher part of this range. I therefore conclude that this is a reasonable level of parking to serve the development. In order to prevent cars from spreading too far apart and reducing capacity I recommend that spaces are properly marked out on the ground. This can be dealt with by the following condition: PT01 Parking to be provided Within two months from the date of this decision notice the car parking area shown on the approved drawings shall be constructed, surfaced and permanently marked out. The car Discussed in paragraph 5.4

13 parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway HIMO - Private Sector Housing A response has been received confirming that the 3 storey 111 Church Green Road has been licensed and that the 2 storey 111a Church Green Road does not require a license. Environmental Health Manager Any comments received will be reported Landscape Services Manager Trees Any comments received will be reported Parish - West Bletchley No objection Ward - Bletchley Park - Cllr Clancy Any comments received will be reported Ward - Bletchley Park - Cllr Gowans Any comments received will be reported Ward - Bletchley Park - Cllr McKenzie Any comments received will be reported Local Residents The occupiers of the following properties were notified of the

14 application: Old Church School Church Green Road Bletchley Old School House 104 Church Green Road Bletchley Church Green Road Bletchley Milton Keynes The Elms Bletchley Milton Keynes The Elms Bletchley 22, 20 and 18 Craigmore Avenue Bletchley 101, 103 and 105 Church Green Road Bletchley A total of 7 third party response have been received raising the following: The construction works could disturb the roots of the tree in 111. Some of the residents are also parking in the Elms, which is making accessing this street dangerous. The property could disturb residents in the morning and late at night. The road is not wide enough to support parking on both sides. A HiMO is unsuitable in relation to surrounding housing. The majority are owner occupier. The property has not been maintained and is falling into disrepair. There is currently a vermin infestation at the entrance where the refuse is stored. The proposed fence bin store would not solve this issue; a solution to prevent scavengers should be secured. Some cars(one or two) parking on Church Green road may act as a speed control. There could be a total of 26 residents on the site each with their own car.

15 The current residents parking on the street is impacting on the flow of traffic. There is a current planning condition that residents of the B and B should not be parking on Church Green Road. A similar condition should be applied to this application. The application could result in 13 cars parking on site, emergency services use this road and therefore additional parking on the road could have an adverse impact.