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88 Pelham Road, Gravesend, Kent, DA11 0JB Application Description

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88 Pelham Road, Gravesend, Kent, DA11 0JB Application Description SUMMARY REPORT Application Ref: 20160138 Site Address: 88 Pelham Road, Gravesend, Kent, DA11 0JB Application Change of use from guest house (Class C1) to a house in Description: multiple occupation (Class C4). Applicant: Mr G Peters PCD Homes Agent: As Applicant Ward: Pelham Ward Parish: Non-Parish Area Decision due date: 02.05.2016 Publicity expiry date: 08.04.2016 Decision level: Planning Regulatory Board - 07 September 2016 Reasons for referral: At request of Cllr Brian Sangha. Concern from high number of existing conversions, balance of housing and apartments, loss of the guest house, impact on the neighbours. Recommendation: Permission subject to conditions and informatives as per the report to Board on 20 July 2016 Summary of Reasons for Recommendation This report serves as an additional assessment to the application for 88 Pelham Road. It should be considered in conjunction with the conclusions of the previous report from the Regulatory Board held on the 20th July 2016. The conclusion of the assessment set out in this report finds that there is a diverse community on Pelham Road, with a range of ages, occupations etc. The introduction of a HMO will therefore not be out of keeping due to the heterogeneous community that exists. It is noted that there is a significant level of social deprivation in the area and the provision of affordable rented accommodation will be beneficial to this group. Moreover, an assessment of the infrastructure finds that the site is adequately served by transportation due to its location and there are ample facilities within close proximity. There are a range of housing types with a clear demand for single occupancy housing which the proposal will serve. To reduce any problems that may be associated with a HMO a management plan is being required before the change of use can be implemented which will allow effective scrutiny that the site will be appropriately managed, an approach supported by the Department for Communities and Local Govt. The proposal is considered to be in accordance with local and national planning policy and it is for these reasons that permission is recommended. ___________________________________________________________________ MAIN REPORT 1. Application Background This application was originally reported to the Regulatory Board on the 20th July 2016 with an officer recommendation for permission subject to planning conditions. Members of the Board are requested to bring to this meeting a copy of the previous report (Agenda Item 5b). The application is for the change of use from the existing Guest House at No. 88 Pelham Road to a house of multiple occupation (HMO) with eight bedrooms. The existing dwelling is currently being used as a Guest House with five rooms on the first and second floor and a two bedroom flat on the ground floor. The ground floor flat is used by the owners of the property who manage the Guest House. It was resolved by the Board that the application be deferred to receive further information on the demographics of the area due to concern over the impact of conversions of properties in Pelham Ward into smaller units of accommodation and the implications for community and social infrastructure. An assessment of this is made below. This report serves as a subsequent report with further analysis based on Member comments and requests at the previous Regulatory Board meeting. The previous assessment considered the following key issues: • Permitted Development Rights • Change of Use • Design • The impact on the character of the surrounding area. • Conservation Area • Housing need in the area • Tourist facilities • Suitability of the site for future residents • Impact on neighbouring amenity. • Highways 2. Conclusion of Previous Report The previous report set out that a C3 single family dwelling with its permitted development rights can operate as a 6 bed HMO without requiring planning permission. Moreover, case law finds that an eight bed HMO is not materially different from a six bed HMO. In this case it would not be permitted development because of the condition attached to the existing planning permission restricting the use to a Guest House and the fact remains that permission would be required and an assessment has been made on the merits of this application. However, weight should be given to the above, in that any house in the borough, subject to having permitted development rights intact, could operate as a HMO without the need for planning permission. The applicant has provided information to show that the property is not running as a tourist facility, as the guests are not tourists but are instead people from out of area who are working locally. This is supported by the references made to the current guests within the neighbour objection letters. Moreover, the evidence submitted indicates that the Guest House has low level occupancy and is not a viable business. There is evidence that the property has been advertised as a Guest House for 18 months with no purchasers. Therefore, there is no loss of a fully functioning Guest House and the proposed is not contrary to Gravesham Local Plan Core Strategy Policy CS09 (Culture and Tourism). Objections have been raised that the HMO would have a detrimental impact on the amenity of the neighbouring properties. However, it is necessary to question the harm in comparison to the existing use and as a large family dwelling. Many of the objections raised to the HMO would also apply to the Guest House and a large family dwelling, therefore are unsubstantiated. Moreover, GBC Regulatory Services have confirmed that they have the ability to enforce against noise nuisance and a proper management regime would be required as part of the licensing. The proposal has been found to be acceptable in terms of the living requirements and amenity of future residents. A HMO would provide a form of living accommodation that contributes to the council’s need and contributes to the makeup of the community. The proposal is therefore in accordance with Policy CS14 (Housing Type and Size), Policy CS15 (Housing Density) and Saved Policy H6 (Provision to Meet Special Housing Needs - clustering of residential hostels and homes). It is not found to create a clustering of similar uses and is not harmful to the social sustainability of the community. Moreover, there is no impact on the character of the surrounding area and the conservation area as the application relates to the change of use and is therefore in accordance with Policy CS19 (Development and Design Principles), Policy CS20 (Heritage and the Historic Environment) and Saved Policy TC3 (Development Affecting Conservation Areas). The Guest House has been in existence since the 1970s and therefore its use as a large family dwelling has been lost for a significant amount of time. As such, the proposed is not contrary to Policy H5 (Increasing the Housing Stock by the Conversion of Existing Buildings). The existing guest house would have visitors that require parking provision and the net increase for the Guest House would not cause harm on the highways. Moreover, case law finds that HMOs have been permitted in well-connected areas with no parking provision. The site is well connected to the town and public transport and has provision for two vehicles. Overall, it is considered that there is no harm on the amenity of the neighbouring properties or the highways. The loss of the existing guest house is not found to be detrimental to the tourism in the area and would be an insufficient ground for refusal. The proposed is in accordance with local and national planning policy and it is for these reasons that permission is recommended. 3. Planning Analysis and Service Manager (Development Management) Comments There was a lengthy discussion by the Board at the meeting in April, with the Ward Councillors for Pelham Ward raising concerns with the impact that conversions have on the area. Their concerns relate to a high percentage of flat and multiple occupation housing, and whether there is an unbalance in the community in comparison to family dwellings. Concerns about the community mix were addressed as part of the original assessment as presented at the Board on 20.07.2016. Cllr Sangha referred to local statistics for the area which show that there have been a larger number of conversions in the Pelham Ward, when compared to other wards in the borough. It is worth noting that this application stands to be determined on the current local and national planning policies. At present, there are no planning policies applicable in this case, that suggest the council should resist conversion due to existing conversions in the area. The necessary policy to consider is saved policy H5 of the Gravesham Local Plan First Review 1994. The preamble states that there is a need to accommodate the growing number of smaller households and to provide low cost housing in the borough, indicating that a way to achieve this is by allowing more flexible arrangements within the existing housing stock. The preamble goes on to explain that ‘regard must be paid to the character and amenity of existing housing areas where single family occupancy is the norm and where traffic and other environmental considerations make intensive forms of occupancy unacceptable’. Moreover, the preamble indicates that adaptions will be targeted at properties closer to the town centre. Under Policy CS14 of the Gravesham Local Plan Core Strategy the Council will resist conversion of family sized residential units to smaller units. It is therefore worth noting that in this case, this has already been lost. As highlighted in the previous report the Guest House has been in existence since the 1970s and therefore its use as a large family dwelling has been lost for a significant amount of time.
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