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Birmingham City Council Planning Committee 03 March 2016

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Birmingham City Council Planning Committee 03 March 2016 Birmingham City Council Planning Committee 03 March 2016 I submit for your consideration the attached reports for the South team. Recommendation Report No. Application No / Location / Proposal Determine 8 2016/00019/PA 14 Pershore Avenue Selly Park Birmingham B29 7NP Change of use from residential (Use Class C3) to HMO (Use Class C4). Approve - Conditions 9 2015/09475/PA Site bounded by Westcote Avenue, Lower Beeches Road and The Green Longbridge Birmingham B31 Erection of 9 New 2, 3 & 4 bedroom dwellings with associated landscaping and parking Approve - Conditions 10 2015/09999/PA Land at Green Lane, Teviot Grove and Medway Grove Kings Norton Birmingham Reserved matters application for the erection of 58 dwellings comprising 18, 2 bedroom apartments; 4, 2 bedroom houses; 16, 3 bedroom houses; 19, 4 bedroom houses and 1, 5 bedroom house (Phase 1 development) in accordance with outline approval 2014/09196/PA Page 1 of 2 Director of Planning and Regeneration Approve - Conditions 11 2015/09477/PA Site bounded by Topland Grove and Raven Hays Road Longbridge Birmingham B31 Erection of 8 dwellings with associated landscaping and parking Authorise 12 2013/02178/PA Former Birmingham Battery Site, Land at, Aston Webb Boulevard, Selly Oak, Birmingham Deed of Variation to 106 legal agreement following outline consent 2013/02178/PA to allow the provision of the original full Phase 1B highways works to complete the Selly Oak New Road Page 2 of 2 Director of Planning and Regeneration Committee Date: 03/03/2016 Application Number: 2016/00019/PA Accepted: 07/01/2016 Application Type: Full Planning Target Date: 03/03/2016 Ward: Selly Oak 14 Pershore Avenue, Selly Park, Birmingham, B29 7NP Change of use from residential (Use Class C3) to HMO (Use Class C4). Applicant: Mr John Etheridge 1 Whitley Court Road, Quinton, Birmingham, B32 1EZ Agent: Integrity Surveying Limited Able House, 26 Waterloo Road, Wolverhampton, WV1 4BL Recommendation Determine Report Back 1. Members will recall that the above application was reported to Planning Committee on 18th February 2016 and was deferred minded to refuse on the grounds that the proposal would be contrary to the policy for ‘Houses in Multiple Occupation in the Article 4 Direction Area of Selly Oak., Edgbaston and Harborne Wards’. 2. Policy HMO1 states the conversion of C3 family housing to HMOs will not be permitted where there is already an over concentration of HMO accommodation (C4 or Sui Generis) or where it would result in an over concentration. An over- concentration would occur when 10% or more of the houses, within a 100m radius of the application site, would not be in use as a single family dwelling (C3 use). 3. In this instance 11.1% of properties within 100m of the application site would be in use as HMO’s and as such on this figure alone the proposal would be contrary to policy HMO1, as such the following reason for refusal is offered. i) The proposed change of use of 14 Pershore Avenue to a small house in multiple occupation (Use Class C4) would result in an overconcentration of such accommodation in the surrounding area causing detriment to local amenity and creating an unbalanced neighbourhood. The application is therefore contrary to policy 8.24 and 8.25 of the Birmingham Unitary Development Plan (2005); policy HMO1 of the Houses in Multiple Occupation in the Article 4 Direction Areas of Selly Oak, Edgbaston and Harborne Wards Planning Policy Document (2014) and guidance contained within the National Planning Policy Framework (2012) ORIGINAL REPORT 1. Proposal 1.1. This application is for the change of use of 14 Pershore Avenue from a dwellinghouse (Use Class C3) to small house in multiple occupation (Use Class C4). Page 1 of 8 1.2. The requirement for this application has arisen due to an Article 4(1) Direction, within a defined area within which the application site is situated, which states development consisting of a change of use of a building to a use falling within Class C4 (house in multiple occupation) from a use falling within Class C3 (dwellinghouse) would require planning permission. 1.3. No external alterations are proposed. The ground floor would provide one bedroom, lounge/dining room, kitchen and bathroom, with the first floor providing one bedroom and a bathroom with a further two bedrooms within the roofspace. Link to Documents 2. Site & Surroundings 2.1. The application site relates to the property of 14 Pershore Avenue, Selly Park. This is a two storey terraced property situated within a row of similar properties fronting onto Pershore Avenue. Pershore Avenue has no vehicular access and is set behind the properties that front onto Pershore Road. 2.2. The property is currently in use as a dwellinghouse (Use Class C3) and both neighbouring properties of 13 and 15 are in residential use. 2.3. The surrounding area has a predominantly residential character, with residential properties opposite and to the south and west. To the east is large recreational ground. Location Map 3. Planning History 3.1. 22/10/2015 – 2015/06208/PA Change of use from residential use (C3) to HMO use (C4). Application returned as invalid. 4. Consultation/PP Responses 4.1. Transportation Development – No objection. 4.2. Regulatory Services – No objection. 4.3. West Midlands Police – No objection. 4.4. Letters of notification have been sent to surrounding occupiers, local resident’s associations and Selly Oak Ward Councillors. A site notice has also been posted. 4.5. The Community Partnership for Selly Oak – Object to the application on the grounds that the density of HMO properties in the area is already too high. 4.6. Selly Oak Ward Committee - The Ward Committee and residents object to the application because of the over intensive use of the property which is inappropriate for the area. In addition the increase in more Homes in Multiple Occupation would put an unacceptable strain on resources currently available to the ward and local community, as well as impact on community cohesion and safety due to the transient nature of many of the occupants of these types of dwellings. Page 2 of 8 4.7. In addition to the above, one further letter of objection has been received from a neighbouring occupier, objecting to the application on the following grounds • The avenue has always been a (Class C3) residential area and changing it to a HMO would cause endless problems with the access of the residents already here. • This is a private avenue; the new landlord would have to pay more towards the upkeep of the avenue than the residents already here. 5. Policy Context 5.1. The following national policy is relevant • The National Planning Policy Framework (2012) 5.2. The following local policy is relevant. • The Birmingham Unitary Development Plan (2005) • Draft Birmingham Development Plan • Houses in Multiple Occupation in the Article 4 Direction Area of Selly Oak, Edgbaston and Harborne Wards (2014). • Specific Needs Residential Uses SPG 6. Planning Considerations 6.1. In normal circumstances, the conversion from a C3 use to a C4 use is permitted development and owners of properties would normally have no need to inform the Local Planning Authority that a dwelling is changing to a small HMO. However, in November 2014, an Article 4 Direction was bought into effect that removes these permitted development rights within a designated area of Selly Oak, Edgbaston and Harborne wards. The application site falls within this area. 6.2. The decision to introduce an Article 4 Direction in this area resulted from an analysis of city wide concentrations of HMOs revealing the particularly high levels found in Bournbrook and the spread to surrounding areas of Selly Oak, Harborne and Edgbaston wards. 6.3. The policy accompanying the Article 4 direction ‘Houses in Multiple Occupation in the Article 4 Direction Area of Selly Oak, Edgbaston and Harborne Wards’ which was adopted by the Local Planning Authority in September 2014 aims to manage the growth of HMOs by dispersing the locations of future HMOs and avoiding over- concentrations occurring, thus being able to maintain balanced communities. It notes that the neighbourhoods included in the confirmed Article 4 area have capacity to accommodate further HMOs in the right locations. 6.4. Policy HMO1 states the conversion of C3 family housing to HMOs will not be permitted where there is already an over concentration of HMO accommodation (C4 or Sui Generis) or where it would result in an over concentration. An over- concentration would occur when 10% or more of the houses, within a 100m radius of the application site, would not be in use as a single family dwelling (C3 use). The city council will resist those schemes that breach this on the basis that it would lead to an overconcentration of such uses. Page 3 of 8 6.5. Should the application not cause an over concentration, or the exacerbation of an existing over concentration, the city council will then apply the existing policies that apply to HMOs city wide in determining planning applications for C4 HMOs, as well as large HMOs in the Article 4 Direction area. The proposal would also need to satisfy these criteria in order to be granted planning consent. 6.6. Using the most robust data available to the Local Planning Authority, including Council Tax records, Planning Consents and HMO Licensing information, it is revealed that within 100m of 14 Pershore Avenue there are 72 residential properties. Of these properties and including the application site, 8 are identified as being HMO’s, equating to 11.1%. As such, based on this figure alone, the application would be contrary to policy HMO1.
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