Officers Report
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Committee Date: 27/11/2014 Application Number: 2014/06740/PA Accepted: 06/10/2014 Application Type: Full Planning Target Date: 01/12/2014 Ward: Selly Oak 150 Bournbrook Road, Selly Oak, Birmingham, B29 7DD Retention of conversion from dwellinghouse (Use Class C3) to a seven bedroom House in Multiple Paying Occupation (Sui Generis) Applicant: Mrs Jean Marlow 212A Beaumont Road, Bournville, Birmingham, B30 1NX Agent: Recommendation Approve Subject To Conditions 1. Proposal 1.1. The application is for the retention of the use of the property as a seven bedroom sui generis large House in Multiple Occupation (HMO). No external works have been undertaken to facilitate the conversion. 1.2. 150 Bournbrook Road was previously a large, 5 bedroom terraced house (use class C3), with a single storey rear extension constructed in the early 1990s (1991/05390/PA). The site has a substantial rear garden around 300 sq m immediately to the rear and a further 900 sq m landscaped area associated with the site, which doglegs to the south east and is believed to be a former builders yard. A 1920s side extension to the original Edwardian building provides potential off-street parking via a ground floor through garage. 1.3. Internally, three bedrooms, a shower room, kitchen and lounge/ common room are at ground floor level, with four bedrooms, two bathrooms and a further common/tv room at first floor level. Bedroom sizes range from 9.42 sq m (bedroom 6) to 15.60 sq m (bedroom 3). Ground floor plan First floor plan 2. Site & Surroundings 2.1. 150 Bournbrook Road is a large Edwardian mid-terrace property, located at the south eastern end of Bournbrook Road, some 100m away from its junction with Raddlebarn Road. Properties to both the south east (No.152) and north west (No.148) are used as C4 small HMOs, along with No’s 144, 146, 154, 156, 158 and 160, all within the existing terrace run on the south-western side of the road. Page 1 of 7 2.2. The surrounding area is predominantly residential terraces on the south-western side of Bournbrook Road, with larger semi-detached and detached properties on the opposite side of the road. The area comprises a mix of Class C3 dwellinghouses, Class C4 small HMOs and sui generis large HMOs. Many properties are occupied by students due to the proximity to the University of Birmingham. Site location Street View 3. Planning History 3.1. -27/01/92- 1991/05390/PA- Erection of ground floor study and bathroom extension- Approved. 4. Consultation/PP Responses 4.1. Transportation Development- No objections. 4.2. WM Police- No objections. 4.3. Surrounding occupiers, Ward Councillors and residents associations notified- One comment received, from the Community Partnership for Selly Oak (CP4SO): 4.4. ‘We are saddened by this application which pertains to a remarkable family house on the edge of Bournbrook and comes from an applicant that has been an active contributor to one our member organisations. We object on principle to the application because we have a policy of objecting to all applications to convert dwelling houses into Sui Generis large HMOs. There are very few large HMOs with planning approval in the Bournbrook area and we believe the needs of the area, including its student residents and its landlords would be better served by maintaining the area of restraint on such properties: * An oversupply of student rooms in Selly Oak; * If every house in Bournbrook were converted to a 7 bed HMO there would be an increase of at least 1500 rooms in the area; * Adding further student rooms will result in more vacant properties, lower rents, and thus less money for property maintenance; * The high density of occupation in Bournbrook is affecting public services, for example, water pressure has dropped and sewers have collapsed; and * Students prefer to live in smaller groups of 4-5. Larger groups tend to be more diverse and function less well as a group leading to security and welfare issues. We believe the Council have negative policies regarding Bournbrook which are made clear in the applicants supporting statement. The City cannot tolerate a neighbourhood which is so overcrowded for 9 months of the year and deserted for the remaining 3. The negative impact of this situation for long term local residents and shops is plain for all to see. Therefore, the fact that only a handful of properties have large HMO approval should be taken as an opportunity to limit unchecked growth. With the above in mind CP4SO suggest that if this property is to be rented out that it be limited to 6 rooms. However, if the application is to be approved they request that a condition be placed on the application limiting occupation to no more than 7 unrelated people.’ 5. Policy Context Page 2 of 7 5.1. UDP (2005); draft Birmingham Development Plan (2013); Selly Oak Local Action Plan (2001); Places for Living (2001); Residential Uses (Specific Needs) (1992); Car Parking Guidelines (2012); draft Selly Oak SPD (2014); NPPF (2012); NPPG (2014). 6. Planning Considerations 6.1. Principle 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 20.18 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. The draft Selly Oak SPD notes the Bournbrook area is ‘over saturated’ with HMOs and suggests that purpose built student accommodation may reduce the demand for HMOs in Bournbrook. 6.2. Notwithstanding the Area of Restraint designation, the student population has continued to increase incrementally and is now highly concentrated in the Bournbrook area, as alluded to in the Selly Oak SPD. The Council has recently undertaken public consultation on a proposed Article 4 Direction. On 30th November 2014 this will 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 4 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. The vast majority of dwellings in the vicinity of the application site, including both properties either side and along the run of terraces, appear to be in student occupation and the non-traditional family dwelling character is firmly established. I consider refusing the application on the basis of local concentration, amenity and environmental effects would be unlikely to be upheld at appeal. Separately, other cross-Departmental work being coordinated by the Council aims at addressing wider environmental issues associated with the concentration of HMOs within the area. 6.3. 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. 6.4. Impact on adjoining occupiers The application property adjoins No’s 148 and 152 Bournbrook Road. Both neighbouring properties are in use as small HMOs, therefore the application is not considered to have an adverse impact on the amenity of these properties. No objections have been received from any of the neighbouring properties. The lack of local impact, combined with the prevalence of HMOs within the wider Bournbrook area, means in principle, the retention of the 7 bedroom HMO is considered acceptable in this instance. 6.5. The existing footprint of the building has been utilised to facilitate the 7 bed HMO, with no extensions or external alterations to the appearance of the property. Therefore the retention of the use would not have any implications for overlooking and loss of light. Page 3 of 7 6.6. Size and character of the property & living conditions While the use of terraced dwellings as HMOs is normally resisted, the internal layout as completed is considered suitable – with all of the bedrooms exceeding the space guidelines of 6.56sqm in Places for Living and 6.5sqm in SPG Residential Uses (Specific Needs). A communal kitchen, two common rooms, two shower rooms with WCs, a bathroom and large rear garden area are also provided. All are considered to be an acceptable size. 6.7. Car parking and highway safety Off-street car parking can be provided via an existing through garage, although realistically this appears limited for day-to-day use. Further to this, there are 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 within a highly sustainable location, around 625m away from Selly Oak Train Station, 100m away from shops on Raddlebarn Road and approximately 640m from Bristol Road where there is access to bus routes, further shops and services and the University of Birmingham beyond. Transportation Development have raised no objections to the retention of the use, which is not considered to have an implications for highway safety or free flow of traffic. 6.8. Cumulative impact Comments made by CP4SO centre on the cumulative impact of all currently 6 bed HMOs being converted into 7 bedroom HMOs.