Agenda item - BH2015/00360, 38 Queens Gardens, Brighton- Full Planning

Change of use from three bedroom single dwelling (C3) to three bedroom small house in multiple occupation (C4). (Retrospective).

RECOMMENDATION – GRANT

Ward Affected: St Peter’s and North Laine

Change of use from three bedroom single dwelling (C3) to three bedroom small house in multiple occupation (C4). (Retrospective).

(1)             The Planning Applications Manager introduced the application by reference to photographs, plans and elevational drawings. The application site related to a two-storey property located in the North Laine Conservation Area, and the application sought permission to change to change to C4 use as a small house in multiple-occupancy. The main considerations related to the principle of the change of use; the impact on the conservation area; the standard of the accommodation; transport and sustainability. The property had a shared kitchen and bathroom between the three bedrooms. Policy CP21 specifically addressed such applications and stated that they should be refused if more than 10% of surrounding properties were in use as HMOs. This mapping exercise had been undertaken and only 3.8% of nearby properties were in use as HMOs – 4 units out of 105. In terms of amenity the application was considered acceptable, and was recommended for approval for the reasons set out in the report.

              Questions for Officers

(1)             Councillor Miller noted that any unlawful HMOs would not be taken into account in policy terms as a material consideration.

              Debate and Decision Making Process

(2)             Councillor Morris stated that he was in receipt of information that the actual number of HMOs in the street was higher. In response Officers explained that information on HMOs was gathered from licensed HMOs through the Housing Department; planning records and Council Tax records.

(3)             Councillor Miller noted that any illegal HMOs would not be a material consideration.

(4)             Councillor Morris noted that residents were concerned about these types of HMOs.

(5)             Before the vote was taken the Planning & Building Control Applications Manager confirmed the retrospective nature of the application should have no bearing on the Committee’s decision.

(6)             A vote was taken by the 10 Members present and the Officer recommendation that permission be granted was carried on a vote of 9 in support with 1 abstention.

18.5       RESOLVED – That the Committee has taken into consideration the Officer recommendation and agrees with the reasons for the recommendation set in the report and resolves to GRANT planning permission subject to the conditions in the report.