Appeal 6000987

The appeal is allowed and planning permission is granted for erection of three storey extension to rear, external alterations and change of use from offices/retail to HMO (house in multiple occupation) (total of 24 bedrooms), 1 self-contained flat and offices at [site address] , [name] [postcode] in accordance with the terms of the application, Ref 24/01145/FULL, subject to the conditions in the attached schedule.

An application for costs was made by the appellant against Hull City Council in relation to the appeal. This application is the subject of a separate decision.

The number of rooms was reduced during the determination of the planning application which has necessitated a revised description. The appellant agreed the description in the banner heading above with the Council and this is the basis on which I have determined the appeal.

The Government launched a consultation on reforms to the National Planning Policy Framework in December 2025, but as the proposals are still subject to change, they carry little weight. Accordingly, the decision was made with reference to the December 2024 version of the Framework.

The main issues are whether the proposed development: • makes adequate provision for car parking; and • is of an appropriate scale, which provides adequate levels of outdoor amenity space for future occupiers.

The appeal site is a three-storey terrace property with commercial use on the ground floor with the floors above vacant. The property faces onto the busy [address], which is subject to parking restrictions and has off street car parking to the front. There are a range of single and two storey extensions to the rear. The site adjoins the [name], a music venue. The surrounding area comprises a mix of commercial and residential uses.

Permission was granted in 2024 under [name] 22/00027/FULL for the change of use of part of the upper floors and roof space from offices/retail to a 8 bedroom HMO. The appeal is for the erection of a three-storey extension to the rear and change of use to a 24-bedroom HMO and 1 self-contained flat, with the existing lettings agents offices retained on the ground floor.

The site has been allocated for residential use in the Hull Local Plan 2016 to 2032 (2017) (LP) for an indicative 20 dwellings to be provided on the upper floors. Although no specific details have been included on how the site could be developed, any development proposals would need to accord with other policies in the LP, including car parking provision.

Policy 32 of the LP refers to the car parking standards which are set out in [name], with flexibility having regard to a) the accessibility of the development, b) the type, mix and use of development; c) the availability of and opportunities for public transport; d) local car ownership levels and e) the need to reduce the use of high emission vehicles. As there are no formal parking standards for large HMOs, the parking standards for small C4 HMOs have been used by the Council in assessing this scheme and similar applications. The proposed development would retain the three informal car park spaces to the front of the property and provide three new spaces including a disabled car parking bay to the rear. This provision would fall significantly below the 24 spaces required by the LP. Furthermore, it would represent only 12.5% provision, which is below the 20% level of flexibility identified for the city centre locations in Supplementary Planning Document 5 – Hull City Centre Parking Strategy (2019).

I observed that [address] has a dedicated bus lane in both directions and segregated cycle facilities. Bus stops are located in front of the appeal site and on the opposite side of the road, which provide frequent bus services to and from Hull City Centre. I also noted that there is a local Asda supermarket a short walk from the appeal site as well as a range of other shops and local services. The appeal site therefore has excellent availability and access to public transport and local services.

The Planning Committee report references 2021 Census data which states that 55.5% of households in the local area have no access to vans or cars indicating low car ownership. The Planning Committee Report also states that car ownership in HMOs is likely to be lower than self-contained flats. The appellant supports this view because in their experience people who reside in HMOs are more often in a more transient stage of their lives and on lower incomes. No substantive evidence has been provided by either of the main parties to support or contradict these assertions. Nevertheless, given that the proposed development provides a lower cost housing option than alternative rental models, it is not inconceivable that car ownership of future occupiers of the HMO would be low. As the appeal site is well served by public transport and would provide on-site cycle storage facilities, in my view it is more likely that future occupiers of the HMO would utilise these alternative methods of transport.

The proposed development includes the provision of 26 cycle parking spaces to the rear of the site. I note that on this basis, the Council’s Highways Authority accepted the reduced level of car parking proposed due to the sites excellent access to alternative modes of travel and the low car ownership associated with HMO’s. The Council’s planning committee refused the planning application contrary to this recommendation as the lack of on-site car parking provision would increase competition for on street parking, resulting in indiscriminate parking. I observed that there is limited, unrestricted on street parking available in proximity to the appeal site. Whilst only a snapshot in time, at my site visit there was little evidence of unauthorised parking near the appeal site. Given the lack of unauthorised parking at my site visit and that there is no substantive evidence to suggest otherwise, I am satisfied that unauthorised parking in the local area is well enforced.

The Council also raised concerns that due to the provision of accessible rooms, carers of future occupiers are likely to be required to visit the site and increase parking pressure, although there is no substantive evidence before me that this would be the case. Nevertheless, given the low numbers of accessible rooms this is unlikely to generate significant additional car parking pressure.

The proposal would bring into residential use the vacant upper floors of the building and retain an active frontage along [address]. Whilst the proposal would not provide the level of car parking strictly required in the LP, I am mindful of the constrained nature of the appeal site and the potential harm increased car parking to the front of the building would have on the character and appearance of this part of the [address] Conservation Area. Therefore, having considered the views of the Highways Authority and all the relevant matters raised, I am satisfied that the specific circumstances of the appeal site and the provision of 26 cycle parking spaces, provide sufficient justification for a flexible approach to car parking standards as set out in Policy 32 of the LP.

Taking all these factors into account, I conclude that the proposed development makes adequate provision for car parking given the circumstances and thereby accords with Policy 32 of the LP, which seeks amongst other things to ensure that development complies with parking standards and guidelines.

Policy 7 of the LP sets out internal space standards and space for the storage of refuse and recycling containers for new HMOs, however it does not set specific requirements for the provision of outdoor amenity space. Although Policy 14 of the LP states that development should have regard to encouraging active and healthy communities it does not refer to the provision of outdoor amenity space. The Council adopted the Houses in Multiple Occupation Supplementary Planning Document 20, in 2022, which is also silent in respect of open space requirements for such development. Therefore, the level of outdoor amenity space which would be considered adequate for the scale and type of development proposed in this location is not clear.

The proposed development would provide a communal area to the rear of the dwelling which would have step free access and would be available to all occupants to socialise and interact. Whilst this would only provide a small area of outdoor space, the appeal site is also a short walk from Peel Street Park and [address], which would provide further, alternative options for outdoor recreation for future occupiers.

The Council contend that many HMOs comprise traditional terraces and therefore benefit from outdoor spaces, however no substantive evidence has been put forward on the standard of these spaces and how they compare to the amenity space proposed as part of the appeal scheme. I also note that the previous scheme did not include outdoor amenity space, albeit this proposal was of a much smaller scale than the appeal.

I therefore conclude that the proposed development is of an appropriate scale which provides adequate outdoor amenity space and therefore accords with Policy 14 of the LP which seeks amongst other things to ensure that development delivers high quality environments.

The appeal site is located within the [address] Conservation Area (CA). Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the conservation area. The CA is predominantly blocks and terraces of 19th and early 20th century dwellings and commercial buildings. While the surrounding terraces vary in terms of architectural style and scale, the historic integrity of the appeal site contributes positively to the character and appearance of the CA as a whole and thereby to its significance as a designated heritage asset. Bearing in mind the limited changes to the external appearance of the front of the building and improvements to its rear through the demolition of existing structures, the character and appearance of the CA as a whole would be preserved. I note that the Council raised no objection in this regard either. Nevertheless, this lack of harm weighs neutrally and does not amount to a consideration in support of the appeal or alter my overall conclusions on the main issues.

Third parties have raised concerns in relation to the loss of daylight and privacy to the rear of the dwellings which front onto [address]. The property already has windows at the second-floor level which face onto [address] and the proposed extension would not include any windows on its rear elevation. Whilst new dormers would be inserted there is already a significant level of overlooking and the proposal would not cause significant additional harm. Due to the orientation of the appeal property in relation to dwellings on [address] and its separation by [address], the proposed development would not lead to unacceptable harm to the living conditions of neighbouring residents with regards to daylight and outlook. Although concerns have also been raised in relation to the potential increase in anti-social behaviour, I have not been provided with any evidence to support that this would be the case.

I have considered the Council’s suggested conditions and where appropriate amended the wording to more closely align with the Planning Practice Guidance (PPG). I have also removed tailpieces to conditions that circumvent the statutory route to vary conditions or deprive interested parties of the opportunity to comment.

In order to meet legislative requirements, a condition shall be imposed to address the period for commencement (1). I have imposed a condition relating to approved plans for the avoidance of doubt (2). A condition is required in relation to external materials/surfaces (3) and meter boxes (17) in the interests of visual amenity.

In order to protect the living conditions of future occupants with regards to noise, a condition is required in relation to the submission of a sound attenuation scheme (4) and mechanical ventilation scheme (5). In the interests of amenity and public safety a condition is required in relation to vehicle parking details (6). A condition is necessary to ensure that the development provides sufficient cycle parking facilities (7). In the interests of residential amenity conditions are required with regards to the storage of refuse (8), landscaping (9) and boundary treatments (10)

To ensure that risks from land contamination to future users of the land and neighbouring residents are minimised a condition is required in relation to contamination (11). A lighting condition is required (12) in the interests of minimising opportunity for crime and visual amenity. In order to protect the development and future occupants from flooding and provide adequate drainage, conditions are required in relation to a flood risk assessment (13), flood warning and evacuation plan (14), surface water drainage (15) and sustainable systems maintenance (16). In the interests of biodiversity, conditions are required in relation to the bat roost assessment (18) and nest boxes for birds (19).

For the reasons given above, and taking into account all relevant matters raised, I conclude that the appeal should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos; 24.4014-01; 24.4014-06 rev N; 24.4014-07 rev K; 24.4014-08 rev E; and 24.4014-09 rev C.

No development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Details of a sound attenuation scheme shall be submitted to and approved in writing by the local planning authority prior to the commencement of works. The scheme shall be capable of restricting noise from entertainment venue(s) to a noise rating (NR) level of: • NR25 in bedrooms and living rooms and NR30 in all other rooms (0700 to 2300 hours); and • NR20 in bedrooms and living rooms and NR25 in all other rooms (2300 to 0700 hours). The noise rating values shall be measured as a 15-minute Leq at the octave band centre frequencies 31.5 Hz to 8 kHz. For other noise sources including noise from the commercial premises within the same building and external traffic noise a scheme that demonstrates compliance with appropriate standards e.g. BS8233 shall be submitted to and approved in writing by the local planning authority prior to the commencement of works. The scheme shall be implemented as approved and sound validation tests shall be undertaken to demonstrate that the required NR levels have been achieved in the completed building. If the required NR levels have not been achieved further attenuation works and sound validation testing shall be undertaken. The results of these tests, and evidence of other required mitigation measures to demonstrate compliance with the other appropriate standards, in the form of a verification report shall be submitted to and approved in writing by the local planning authority prior to occupation. The scheme shall thereafter be retained.

A mechanical ventilation scheme shall be installed for use when the openable windows need to be kept closed, details of which shall be submitted to and approved in writing by the local planning authority prior to its installation. The mechanical ventilation system shall be installed prior to occupation of the HMO and self-contained flat hereby approved and shall thereafter be retained and maintained in good working order.

The use hereby approved shall not commence until a vehicle parking area has been provided in accordance with the approved plans. The vehicle parking area shall be retained in its entirety for such use.

The use approved shall not commence until secure cycle parking facilities providing 26 spaces have been provided in accordance with a scheme to be submitted to and approved in writing by the local planning authority. The cycle parking shall subsequently be retained in its entirety for such use.

Prior to the commencement of the use, provision shall be made for the storage of refuse, in accordance with a scheme to be submitted to and approved by the local planning authority. The provision shall be retained in accordance with the scheme.

No development shall commence until a landscaping scheme with full details of both hard and soft landscape works has been submitted to and approved in writing by the local planning authority. The scheme shall show all existing trees and hedgerows on the site and details of any to be retained; measures for their protection in the course of development; and details of the species, size at planting, numbers, densities, location and proposed timing of new planting. The use hereby approved shall not commence until the hard landscaping works have been carried out in accordance with the approved details. All planting, seeding or turfing comprised in the approved details of the landscaping shall be carried out in the first planting season following the commencement of the development unless an alternative phasing scheme has been approved by the local planning authority. Any trees or plants which die, are removed or become seriously damaged or diseased within a period of 5 years from the implementation of the landscaping scheme, shall be replaced in the next planting season with others of similar size and species.

No development shall commence until details of a scheme to provide a means of enclosure for the rear (west) boundary of the site has been submitted to and approved in writing by the local planning authority. The scheme shall include details of the positions, design, and material of any walls, fences or other means of enclosure to be erected. The approved means of enclosure shall be installed before the use of the site commences and thereafter retained.

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the local planning authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the local planning authority.

Details of any external lighting to be incorporated into the development shall be submitted to and approved in writing by the local planning authority prior to its installation. It shall be installed before the use commences and shall thereafter be retained and used in its approved form.

The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by [name] ref: RLC/1744/FRA01 and the following mitigation measures detailed within the FRA: a) Identification and provision of a place of safety above 4m AOD as detailed within sections 5 and 6. b) Finished floor levels are set no lower than the existing finished floor level as detailed within sections 5 and 6. c) Flood resilience measures shall be incorporated to a level of 3.45m AOD as detailed within sections 5 and 6. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme.

Prior to the commencement of the use, a flood warning and evacuation plan shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details or particulars.

Surface water shall be drained via [name] (SuDS). Drainage details shall be submitted to the local planning authority for approval prior to the commencement of development and shall be carried out as approved.

No development above ground level shall commence until a management and maintenance plan for the lifetime of the sustainable drainage system has been submitted to and approved in writing by the local planning authority. The maintenance and management plan shall include details of how the system shall be maintained (including any plans for its adoption) over the lifetime of the system and how the maintenance of the system shall be managed. The system shall thereafter be maintained and managed as approved.

No meter boxes and letter boxes shall be located on the front elevation of the building without the prior written approval of their location by the Local Planning Authority.

The development hereby approved shall only be carried out in accordance with the approved Preliminary Bat Roost Assessment by [name] (July 2025) and the mitigation measures detailed within the survey report. The mitigation measures shall be fully implemented prior to the use commencing / occupation of the building and subsequently in accordance with the timing / phasing arrangements embodied within the scheme.

Prior to development commencing a plan detailing the specification and location of two artificial nest boxes for birds should be submitted to and approved in writing by the local planning authority. Features should be installed as approved during the development and prior to the use of the building hereby approved commencing and thereafter retained in perpetuity. END OF SCHEDULE