Agenda item

Change of use of existing religious retreat/bed and breakfast accommodation (max. 8 B&B) to 20 bedroom house in multiple occupation (HMO)/Sui Generis (key worker accommodation for rent).

Public Participation

Michael Presley spoke in objection to the application

Steve Lovatt spoke in support of the application

 

The Planning Officer, Julie Mitchell presented the application for a change of use of existing religious retreat/bed and breakfast accommodation (max. 8 B&B) to a 20 bedroom house in multiple occupation (HMO)/Sui Generis (key worker accommodation for rent).

 

Site was on the southern extent of Millford Hill conservation area, walking distance to the city centre.

 

Original building although not visible from public vantage points, was noted as making a positive contribution to the conservation area.

 

There was a single vehicular and pedestrian access route to Tollgate Road.

There was no street frontage and surrounded from all sides by residential dwellings.

 

Because the proposal was for the change of use to a multiple occupancy for more than 6 unrelated occupiers, it required a HMO.

 

The proposals also included refuse and cycle storage and a formalised parking area. There was no requirement to remove or encroach upon trees.

 

Slides 34-35 showed a plan of the internal proposed layout for ground and first floor levels.

 

The application was recommended for approval as set out in the report.

 

The main issues which had been considered to be material in the determination of this application were listed as,

 

1. Existing use.

2. Principle of the proposed change of use

3. Scale and design

4. Impact on the Conservation Area, including works affecting trees

5. Residential amenity

6. Access, parking and highway Impact

7. Impact on River Avon SAC

 

Members of the Committee had the opportunity to ask technical questions of the officer. In response to queries, it was clarified that the Fire consultee had been contacted for comment by Licensing, however the comments had not been included as not received back in time.

 

The key workers that would stay in the property, would be working in residential nursing homes nearby. 

 

The bedrooms could be listed as double bedrooms on space requirements, however it had been advised that the rooms were intended for single occupancy. The licence would list the number of occupants.

 

Members of the public, as detailed above, then had the opportunity to speak on the application. Some of the main points included comments around the number of applicants and request for there to be fewer and restricted to one per room.

 

Whether there would be dedicated staff to maintain the site and grounds. The scale of the proposal and whether at a later date the applicant may try to merge the site with a nursing home.

 

That there was a requirement for essential affordable carer accommodation.

 

Local Member Cllr Hocking then spoke in objection to the application, noting that as already declared earlier in the meeting, he lived on Tollgate Road and that his property backed on to the site.

 

In addition, he knew both parties, the residents that had objected and the applicant, which put him in a difficult situation and therefore, he would move the motion and then not take part in the vote.

 

Cllr Hocking noted that Wessex care had five care homes in close proximity to the site. The proposals had a lack of bath space, no first floor kitchen facility or communal space. The amenity and kitchen space on the ground floor were not enough for a good quality of life for those that would live there.

 

He mentioned that the Licensing Team had guidance on persons versus amenity space, however pointed out that it was only guidance and not a requirement.

 

The site was on the edge of parking zones C and E, and it was not possible to assume that not all residents would have a car and therefore would require a parking space. He stated that he wished to see a maximum of 20 residents for the 20 rooms.

 

The Officer clarified that the size of the building had not changed and that the internal changes had been set out to meet the restrictions.

 

The Highways Officer, Julie Cleve noted that she had dealt with several proposals with HMOs in the Salisbury area and that a difficulty was that there was no parking standard. The closest was for a hostel which required one space per bedroom. A reduction on parking was allowed depending on criteria. Overspill could be controlled with the parking permit scheme and the proximity to the amenities and the city centre and transport meant that it was accessible.

 

 

Cllr Hocking then moved a motion of refusal, against Officer recommendation, stating the reasons as lack of parking, and impact on resident’s quality of life. This was seconded by Cllr Smale.

 

The Committee was invited to discuss the application, the main points included comments around conditions for car parking, the number of bedrooms and how many residents would be permitted to stay in each room and whether an informative regarding restricting the number of occupants per room, could be included in a decision if approved.

 

The original buildings number of 16 bedroom spaces and how the additional 4 had been achieved, by taking out spaces that were not required, such as a chapel and a reading room.

 

Following debate the Committee confirmed they had heard and seen all

relevant visual materials, and voted on the motion of refusal against officer

recommendation, with the reasons stated. The motion was not carried.

 

The Chairman, Cllr Westmoreland then moved the motion of approval in line with Officer recommendation. This was seconded by Cllr Britton.

 

The Committee confirmed they had heard and seen all relevant visual materials, and voted on the motion of approval, in line with Officer

Recommendation.

 

It was:

 

Resolved:

that application 20/09829/FUL be Approved in line with Officer recommendation with the following conditions:

 

1 - The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2 - The development hereby permitted shall be carried out in accordance with the following approved plans:

20-3314-200-C Proposed Site Plan October 2020 Revision C dated 13.1.2021

20-3314-201-A Proposed Basement Plan October 2020 Revision A dated 13.1.2021

20-3314-202-B Proposed Ground Floor Plan October 2020 Revision B dated 13.1.2021

20-3314-203-B Proposed First Floor Plan October 2020 Revision B dated 13.1.2021

20-3314-204-A Proposed Section Floor Plan October 2020 Revision A dated 13.1.2021

20-3314-205-A Proposed Roof Plan October 2020 Revision A dated 13.1.2021

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3 – No development other than internal works to the existing building shall take place on site, including ground works, storage of materials or other preparatory work, until a Detailed Arboricultural Method Statement and Plan have been submitted to the Local Planning Authority (and approved in writing) to demonstrate how infrastructure (parking, bin and cycle stores etc) can be constructed without causing damage to adjacent trees (T1, T2 and T3 in particular). The plan should include details of any level changes where required. Thereafter the development shall be undertaken only in accordance with the approved details, unless the Local Planning Authority has given its prior written consent to any variation.

REASON: To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, so as to ensure that the amenity value of the most important trees growing within or adjacent to the site is adequately protected during the period of construction. A pre-commencement is necessary to ensure that the potential for impact on trees is identified prior to works being undertaken.

 

4 - The building shall not be occupied as a house in multiple occupancy until the parking spaces have been provided in accordance with the approved plans.

REASON: In the interests of highway safety and the amenity of future occupants.

 

5 - No part of the development shall be occupied until the cycle parking facilities shown on the approved plans have been provided in full and made available for use. The cycle parking facilities shall be retained for use in accordance with the approved details at all times thereafter.

REASON: To ensure that satisfactory facilities for the parking of cycles are

provided and to encourage travel by means other than the private car.

 

6 - The development hereby permitted shall not be occupied until the refuse and recycling facilities shown on the approved plans have been provided and made available for use. These facilities shall thereafter be maintained in accordance with the approved details thereafter.

REASON: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.

 

7 - No external lighting shall be installed until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Professionals in their publication "Guidance Notes for the Reduction of Obtrusive Light GN01:2020", have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

INFORMATIVE TO APPLICANT:

 

The applicant is advised that this permission authorises a change of use of the existing building only and does not authorise any external alterations that may require planning permission other than the landscaping and outbuildings as shown on the approved site plan.

 

The applicant is advised that the use of the building as a House in Multiple Occupation will be subject to the requirements of a licence under the Housing Act 2004. Notwithstanding that the internal floor plans illustrated in the approved plans show 20 double bedrooms, the LPA have concerns that the use of all 20 bedrooms for double occupancy would lead to up to 40 persons sharing the communal facilities and parking area which has the potential to create overcrowded conditions that would fall short of the desired amenity and parking standards. Accordingly the manager/operator of the HMO is strongly requested not to permit the rooms to be let or occupied to the full capacity of double bedrooms.

 

The applicant is advised that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

Any alterations to the approved plans, brought about by compliance with Building Regulations, Licensing or any other reason, and resulting in external alterations to the existing building must first be agreed with the Local Planning Authority before commencement of work.

 

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.