Appeal 6001363

The appeal is allowed and planning permission is granted for the conversion of an existing dwelling house into a 10-bed (10-person) HMO at [site address] , Hertfordshire [postcode] in accordance with the terms of the application, Ref 07/25/0410/F, and the plans submitted with it, subject to the conditions in the attached schedule.

The main issues are:

whether the proposed development would result in an over-concentration of

whether the proposed development would have an effect on the amenity, character and appearance of the local area.

The appeal site comprises a detached building which addresses [address]. This is a busy dual carriageway connecting Broxbourne, Hoddesdon and beyond from the north to London and its suburbs to the south. The site is set within a predominantly residential area albeit that the immediate locality features a wide variety of different uses including a public house, pre-school, nursing home, retail uses and other commercial functions.

Policy H5 of the Broxbourne Local Plan 2020 (BLP) sets out various criteria for the acceptability of proposed HMOs. In summary, these explain that the proposal must be located close to town centres and public transport, achieve minimum room sizes, not adversely impact, including cumulative impact, the character and appearance of the local area and the building or the amenity of adjoining or adjacent residential occupiers. The policy itself does not refer to an over-concentration of HMOs although this is mentioned in the supporting text. Equally, the term ‘over-concentration’ is not defined.

The Officer’s Report sets out at paragraph 7.9 that there are understood to be three other HMOs within 500 metres of the site. It is however highlighted in the Council’s Statement that this may not capture HMOs that have less than five occupants. Even so, I am unable to conclude that this represents a particularly great number of HMOs that would represent an over-concentration within this 500 metre radius. There will no doubt be many hundreds of homes within this area and the addition of one, albeit a large, HMO could not be reasonably considered as an over-concentration in this context. I accept that the ward, as a whole, may have higher concentrations of HMOs although no evidence to this effect was provided.

Therefore, I conclude that this proposal would not result in an over-concentration of HMOs in the locality and in this regard the proposal therefore complies with policy H5 of the BLP.

In terms of the effect of the proposal on the character, appearance and amenity of the area; I note that the proposal involves limited external alterations. These are effectively confined to replacing the existing garage doors with a wall and windows and this would not have a significant effect on the area. There is likely to be an increase in the number of occupants at the property as the former four bedroom home would be occupied by up to ten people. Even so, I have no reason to conclude that the occupants would create any greater degree of activity or disturbance than a single family home. This is particularly the case to the front of the property as it addresses the busy [address] where traffic noise is significant. The profile of the occupants may differ to a family unit of accommodation but again there is no reason to find that this would create any adverse effects on neighbours living conditions.

As such, I conclude that the proposal would not have an adverse effect on the amenity, character and appearance of the local area and the proposal therefore complies with policy H5 of the BLP.

I have considered the comments of neighbouring residents in relation to the main issues set out above. However, comments have also been raised in relation to the number of occupants and vehicle parking and traffic creation.

I have imposed a condition, discussed below, to limit the number of occupants to no more than ten people. Vehicle parking provision is in accordance with local standards as a minimum of five parking spaces can be provided, and possibly slightly more. In any case, the site is well connected to public transport infrastructure and local services and facilities which is encouraged by policy H5 of the BLP. I appreciate that there may be an increase in traffic movements however any increases would not have an unacceptable impact on highway safety and the cumulative impacts on the road network would not be severe.

The Council have provided a schedule of conditions in the event the appeal is to be allowed. I have imposed these with modifications and edits having regard to paragraphs 56 and 57 of the National Planning Policy Framework and Planning Practice Guidance.

Condition 1 is a general time limit condition to comply with the Town and Country Planning Act 1990. Condition 2 is to ensure the development proceeds in accordance with the approved plans for certainty.

Condition 3 requires matching materials to be used in the replacement of the garage doors with a wall and windows. This is imposed in the interests of the character and appearance of the area.

The Council has proposed a condition (number 4) relating to a garage conversion. I have taken this to mean that the area shown for cycle and refuse storage is to be retained for such purposes and I have modified it as such. Even if this was not the full intent of the Council, I find this condition to be reasonable and necessary in any case.

Condition 5 relates to noise attenuation in the interests of the living conditions of the occupants. This is necessary given the proximity of the HMO to the busy [address] and potential disturbance from road traffic noise. Whilst this condition does cross-reference other legislation, it remains pertinent and is a recognised construction standard.

I have added an additional condition which restricts the number of occupants to a maximum of ten as this ensures that there is sufficient vehicle and cycle parking available in addition to allowing the Council to consider whether a higher number of occupants would result in other potential adverse effects.

For the reasons given above the proposal complies with the development plan and the material considerations do not indicate a decision other than in accordance with it. The appeal is allowed.

The development to which this permission relates shall be begun within a period of three years commencing on the date of this decision.

The development hereby permitted shall be carried out and completed in accordance with plan numbers PF-02 [name], PF-03 [name], PF-04 [name], PF-05 [name].

The garage conversion to bedrooms 3 and 4 shall be finished externally in materials to match the existing building.

The garage area shown on plan PF-02 [name] shall only be used for refuse and cycle storage or other purposes incidental to the use of the building as a House in [name].

The sound insulation within the proposed development should be constructed in accordance with Building Regulations Approved Document E (England).

[address] in [name] hereby permitted shall not be occupied by more than ten residents. End of Schedule