GROUNDS OF APPEAL STATEMENT 6 APPLE WAY OLD BASING HAMPSHIRE RG24 7HA APPEAL AGAINST THE LOCAL PLANNING AUTHORITY’S DECISION TO REFUSE PLANNING PERMISSION APPLICATION REFERENCE: 16/01031/ROC FOR THE VARIATION OF CONDITION 1 OF 14/03327/FUL TO ALLOW CONTINUE USE OF PROPERTY AS AN HMO FOR FURTHER PERIOD OF 2 YEARS Our Ref: 61447 AUGUST 2016 GROUNDS OF APPEAL STATEMENT Contents 1.0 Introduction to the Proposal ...................................................................................................... 3 2.0 Description of the Appeal Proposal, the Site and Surroundings ................................................ 4 3.0 Reasons for Refusal .................................................................................................................... 8 4.0 Relevant Planning Policies and Guidance .................................................................................. 9 5.0 Consideration ........................................................................................................................... 11 6.0 Non-related Planning Issues .................................................................................................... 20 7.0 Conclusion ................................................................................................................................ 21 APPENDICES: APPENDIX A – DECISION NOTICE FOR 14/03327/FUL APPENDIX B – PLANNING OFFICERS REPORT FOR 14/03327/FUL APPENDIX C - DECISION NOTICE FOR 16/01031/ROC APPENDIX D - PLANNING OFFICERS REPORT FOR 16/01031/ROC APPENDIX E –CABINET REPORT PROPOSED ARTICLE 4 DIRECTION IN RELATION TO HMOs APPENDIX F - APP/N4205/A/09/2117729 40 ALBERT ROAD, FARNWORH, BOLTON, BL4 7DR AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 2 1.0 Introduction to the Proposal 1.1 AAH Planning Consultants have been commissioned to prepare and submit this appeal on behalf of Marie Stearn. 1.2 This statement sets out the appellant’s statement of case against the decision of the Basingstoke and Deane Borough Council as the Local Planning Authority (LPA) to refuse planning permission (Reference: 16/01031/ROC), for the variation of condition 1 of 14/03327/FUL to allow continued use of property as a House in Multiple Occupation (HMO) for further period of 2 years. 1.3 Although, the formal description of the planning application has not been altered, the planning officer has within the committee report suggested that the application be determined based on the removal of such condition in its entirety. The reason given is: ‘Whilst this application seeks permission for two further years of usage of the site as an HMO the National Planning Practise Guidance (NPPG) states that: "Circumstances where a temporary permission may be appropriate include where a trial run is needed in order to assess the effect of the development on the area…" It goes on to state that: "It will rarely be justifiable to grant a second temporary permission - further permissions should normally be granted permanently or refused if there is clear justification for doing so." As such it is considered that it is appropriate to consider this application in terms of a permanent change to use of the property as a four bed HMO rather than an application for the two year period. ’ Therefore, the description of the application should be for the removal of condition 1 of 14/03327/FUL to permanently allow use of property as a House in Multiple Occupation (HMO) and we are therefore appealing this description. 1.4 A copy of the decision notices are included with the accompanying appeal documents. AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 3 2.0 Description of the Appeal Proposal, the Site and Surroundings 2.1 The application site consists of no. 6 Apple Way, Old Basing, Hampshire, RG24 7HA. It is a detached 4 bedroom dormer bungalow property located at the end corner of a cul de sac as shown in image 2.1. Image 2.1: Location of Application Site (Red Line) 2.2 The front curtilage of the property is defined by a tarmac driveway and to the side it is defined by a gravel area, which is used for parking. The boundary is defined by mature vegetation and panel fencing. As shown in image 2.2 the surrounding residential properties are all of similar design appearance. AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 4 Image 2.2: Google Street View of No.6 Apple Way Prior to a Boundary Change (Red Marker) 2.3 As shown in image 2.3 the site is located in the village of Old Basing and has good access to local shops and community services related to this settlement with the nearest including the small supermarket at Linden Avenue at approximately 250m to the south west, Old Basing Infant School and Saint Mary’s Church of England Junior School both within 650m north west of the site as well as the Old Basing RBL Social Club at approximately 640m to the north west. The nearest bus stop is at approximately 175m to the south west of the site at Byfleet Avenue and is served by the no. 10 bus to Basingstoke which is 3km to the west of the site. AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 5 Image 2.3: OS Map of No.6 Apple Way (Red Marker) 2.4 The site is not within a Conservation Area or adjacent to any Listed Buildings. Under current permitted development rights a residential dwelling can be converted into a House of Multiple Occupants (HMO) for up to 6 persons. However, as shown in image 2.4 the property is within an area, which is subject to an Article 4 direction that has been designated since June 2011 and requires anyone wishing to create a HMO will have to apply for planning permission. AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 6 Image 2.4: Site within an area designated by an Article 4 Direction (Red Arrow) 2.5 The house has been an HMO since March 2015 when temporary planning permission was granted (Application Reference: 14/03327/FUL). The HMO currently provides accommodation for 5 occupants who are associated with Disaster Care Platinum who have contract jobs in the immediate area. The occupants generally live at the property during the working week and tend to go back to their homes at the weekend. Sometimes family and friends visit the occupants but this is on rare occasions. The client would like to use the property as an HMO for an additional 2 years before reinstating it back to a family dwelling. The Council are reluctant to consider the property for another temporary permission as an HMO as the National Planning Practice Guidance states that: “It will rarely be justifiable to grant a second temporary permission- further permissions should normally be granted permanently or refused if there is clear justification for doing so.” As such the council have considered the application as a permanent change of use of the property as a four bedroom HMO. AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 7 3.0 Reasons for Refusal 3.1 A decision was issued on 20th June 2016 for Application Reference: 16/01031/ROC, which gave the following reason for refusal: 1. The proposed change of use would result in an adverse impact upon residential amenity to neighbouring properties which is further exacerbated by the site’s cul de sac location and as such would be contrary to Policy EM10 2(b) of the adopted Basingstoke and Deane Borough Local Plan 2011 – 2029. 3.2 The property was given temporary retrospective planning permission for a period of 1 year to be converted from a residential use (C3 use) to a HMO (C4 use) on 27th March 2015 (Application Reference: 14/03327/FUL). The planning committee report recommended that the proposal (Application Reference: 16/01031/ROC) be approved so that the property could continue to be used as an HMO (please refer to Appendix D). However, members decided at the planning committee on the 15th June that the application should be refused due to the reason given above. 3.3 To view the planning committee meeting that took place on the 15th June, please follow the following link https://www.youtube.com/watch?v=E97A9ZN-wRY. The application is item 5 on the agenda and can be found at 2 hours 40 minutes on the YouTube video. AAH Planning Consultants Ltd Grounds of Appeal 27 Old Gloucester Street, London 6 Apple Way, Old Basing 8 4.0 Relevant Planning Policies and Guidance 4.1 The LPA, in their reason for refusal considered Policy EM10 2(b) of the Basingstoke and Deane Local Plan 2011 to 2029 (Adopted May 2016) for this case. 4.2 The policy wording is as follows with the key section highlighted in bold: Policy EM10 - Delivering High Quality Development All development proposals will be of high quality, based upon a robust design-led approach. 1. Development proposals (excluding household extensions28) will be permitted where they: a) Contribute to the provision of neighbourhoods and places for work and leisure that are well connected, accessible, safe, easy for people to find their way around and, function well in practical terms; b) Are accessible to all and promote buildings that are durable, adaptable and able to respond to changing social, environmental, technological and economic conditions; c) Positively contribute to the appearance and use of streets and other public spaces; d) Promote the efficient use of land and achieve appropriate housing densities which respond to the local context, as informed by community documents29, and which take into account the urban, suburban or rural location of the site; e) Provide a co-ordinated and comprehensive scheme that does not prejudice the future development or design of adjoining sites; and f) Minimise energy consumption through sustainable approaches to design. 2. All development proposals will be required to respect the local environment and amenities of neighbouring properties in accordance with the principles set out below.