Application No: 24/P0137

Ward: Figges Marsh

Officer Recommendation: GRANT Planning permission subject to conditions

The Area Manager, Development Management introduced the report

Cllrs Irons and Akyigyina spoke to the Committee highlighting the following points:

-       Residents have expressed concern about tenants placed at the property, effectively making the premises an unregulated care home, the preivous tenant caused a lot of anti-social behaviour with police attendance numerous times

-       While the developer has siad that it won’t be a care home, they haven’t consulted with neighbours or addressed the impact of such a facility without regulators in the buidling

-       There are a lot of HMOs in the area, residents are not consulted and the tenants have a history of causing problems for other residents in the area. 

It was confirmed by officers that:

-       Residents have been taken into consideration, but officers are obliged to follow the planning principels.  There have been serveral conversations with the applicant and have assurance in writing that this property won’t be a care home.  Enforcement teams can be sent to investigate should it become apparent that that is not the case.

In response to questions it was confirmed that:

-       The previous use of the premises were operating under a different classifcation which di not require permission.  The application has to be considered uner the criteria relevant to the current application

-       Enforcement Manager had visited in December 2023 and confirmed that carers were on site, with one individual in the property.  A February 2024 visit showed a layout for 6 persons, but no evidence of anyone staying there at that time. As far as officers are aware, it’s not being used as a care home

-       All the rooms are single aspect, the constraints of the site don’t allow for more.

-       It is not known when the astro turf was installed instead of natural grass

-       The kitchens are small, but they do comply with requirements

-       The number persons in the HMO has been updated, and is now only for five, if the developer wished to change that, they would need to reapply, and they do need a separate licence from housing to be an HMO.

-       Enforcement teams can be deployed to make checks and ascertain compliance

-       From a planning perspective, it is difficult ot quantify anti-social behaviour, but part of the licence agreement which they will need to get from the Housing Department, will cover ASB and how to handle it.  Further action can be taken if the landlord does not deal with it, but it is not a planning criteria

-       Enforcement can visit as often s required.  Housing also inspect proeprties

Committee members commented that:

-       There did not appear to be a planning reason to object

-       Call-ins were an important part of the planning process, and could highlight how devleopers needed to improve

-       Regular inspections will be required at this property to satisfy members that it is complying with conditions

-       The Planning Policy constrains how members can vote

-       Policy D3 could apply, the location of the kitchen might not satisfy criteria for comfort, Policy G6, requires a biodiveristy net gain, but the grass has been changed to astroturf

-       There were concerns about undermining the policy if the application were agreed

Members agreed to the application subject to

-       adding in a condition on biodiveristy,

-       adding in an inofrmative so that papers and minutes of this meeting be tied to any future application

-       request licensing to review complaince in areas not under planning control

-       protect the Poplar tree if in good health

Members voted, 4 against, none not voting, and 5 + chair in favour of the application.