Change of
use of dwelling to house to multiple occupancy (HMO) for up to 5 people.
LOCAL MEMBER: Councillor
Lesley Day
Link
to relevant background documents
Minutes:
1.
Application number
C16/0518/11/LL - 56 Upper Garth Road, Bangor
Change of use of dwelling
to a house in multiple occupation (HMO) for up to 5 people
(a) The Senior Development
Control Officer expanded on the application’s background and noted that the
property was located on Upper Garth Road in a mainly residential area. It was noted that the current legal use of
the property was as a private residential dwelling and it consisted of 5
bedrooms on the first floor. The
definition of a HMO was explained to the Committee and attention was drawn to
the relevant Planning policies within the report. In
terms of the public consultations, objections to the proposal were received for
the valid planning reasons noted below:
·
Lack
of information regarding parking
·
Concern
that parking problems already existed on this street.
·
An
over-provision of houses in multiple occupation in Garth ward.
·
The
development would be damaging to the amenities of neighbours.
In
addition, observations had been received which were not existing planning
considerations and attention was drawn to the late observations received on the
additional observations form submitted to the Committee.
It
was considered that the development was acceptable in terms of policy CH14 of
the Gwynedd Unitary Development Plan and it was not considered that approving
one additional HMO unit in the area would have a significant impact on the
general or residential amenities of the local area. In terms of transport and access issues,
although no new private parking provision was a part of the development, there
would be no increase in the density of the use of the site; no significant
change was expected in terms of the demand for parking and traffic
problems. After considering all
relevant matters, it was believed that the application was acceptable and
complied with relevant planning policies and the officers' recommendation was
for it to be approved with conditions.
(b) Taking advantage of the
right to speak, an objector noted the following main points:
·
That
he was Chairman of the Residents of Maes Hyfryd and represented the views of 22 houses located
adjacent to the proposed development.
·
That
many of the residents were elderly;
·
That
the area had its quota of HMO properties, namely number 52, 54 and 55 as well
as the Garth and Rathbone Halls of Residence that were located approximately
200 yards up the road.
·
That
it was an area of family homes.
·
That
there was an excessive number of student accommodation in the area with new
ones in St. Mary's, Dean Street and the High Street, and in particular
considering that student numbers were reducing.
·
That
parking problems existed in the area and that the proposed development would
increase the problem with the University's staff and students parking in the
area during the day
·
That
Gwynedd Council had addressed the problem of illegal parking in the area a few
years ago by painting yellow lines along one side of the road and along a
section of the other side.
·
That
there was approximately 139 metres between number 42 and 93 Love Lane junction
from on-street parking spaces for 25 vehicles but that 27 houses were located
along this section of the road.
·
That
the proposed development for 5 accommodation could lead to 5 vehicles and there
was no parking provision for them.
·
That
an individual chose not to move her vehicle to go to the shops as she would not
have a parking space upon her return.
·
The
development was unacceptable unless there was a parking provision available.
·
Having
more student accommodation in the area would lead to a reduction in Council Tax
income and an increasing demand for Council services in relation to refuse
collection, etc.
(c) The local member (who was
not a member of this Planning Committee), noted that she objected to the
application on the following grounds:
·
That
Garth was a pleasant residential area and was within reach of the High Street
and the University.
·
That
the area had traditionally provided accommodation for professionals such as the
Bishop of Bangor, University Lecturers and their families.
·
That
a total of 11 HMOs were located on Upper Garth Road and that student
accommodation tended to cluster together as families moved out.
·
Attention
was drawn to the fact that numbers 3, 5, 6, 7 and 9 Upper Garth Road located
near the Pier, 37, 39 (in the middle) and 52, 54 and 55 off Love Lane, were all
student accommodation.
·
That
approving another HMO would have a significant negative impact on Upper Garth
Road.
·
Reference
was made to the evidence used as background information to the Joint Local
Development Plan which showed that 42 out of 326 residential units in the ward
were HMO units, and it was noted that 3 of the 22 on the road in question were
HMO units - equating to 13.6%. Should
the application before the committee be approved, 18.2% of the units would be
houses in multiple occupation.
·
The
Gwynedd Unitary Development Plan noted that no more than 10% should be in the
Garth area and that the situation should be managed at the earliest opportunity
if an inclusive community was sought in Bangor.
·
That
the proposed development created an over-provision in the area in question and
that it was contrary to policy CH14 of the Gwynedd Unitary Development
Plan.
·
That
there would be a negative impact on the social and environmental character of
the area in terms of noise, disturbance, refuse and recycling.
·
That
the students would have their own cars and that parking problems already
existed and that the addition would lead to tension between residents and
neighbours.
·
It
was noted that the areas of Meirionnydd and Dwyfor
had concerns about second homes and that Bangor had its problems with student
accommodation.
·
Approving
the application would have a significant harmful impact on general amenities in
the area and that the proposal did not comply with policy B23 and that it would
be much better to offer it as a family home as there was a real lack of such
properties.
(d) It was proposed and
seconded to approve the application.
(dd) The following observations
were noted in favour of the recommendation to approve:
·
It
was difficult to accept the arguments about the mathematical reasons as there
were approximately 9,000 students, namely approximately 40% of the population,
in Bangor and that there was a lack of student accommodation.
·
Everyone
who lived in Bangor was a citizen of the city.
·
Traffic,
refuse problems could be dealt with through the Council's services.
·
The
application did not explicitly state that it would be a house for
students.
(e) In response to a query regarding imposing a
planning restriction to prevent students from bringing a car to the city of
Bangor, the Senior Planning Service Manager explained that the application had
not been submitted as student accommodation and that it would not be reasonable
to impose a condition to restrict the use of vehicles.
(f)
The
Senior Planning Service Manager noted further that this type of development did
not require Planning permission approximately 12 months ago, but now the
policies had changes in the interpretation of HMOs, namely any type of property
for between 3 - 6 persons.
(ff) In response to parking
concerns, the Senior Development Control Officer - Transportation noted that
the existing house had 5 bedrooms and that there could be one vehicle for each
person living in the property - it did not necessarily mean that 5 tenants
would each bring a vehicle to the city.
Usually, it was noted that individuals chose a location with public
transport links to save having to have a vehicle. In addition, it was noted that there was no
evidence that transforming the house into a HMO would lead to more parking
problems.
(g) The following observations
were noted by the Member against the recommendation to approve:
·
She
could not agree with the figures and they did not portray an accurate and
comprehensive picture of Garth Road.
·
That
the area was much larger than the street alone and that the Council's policy
did not address a small section of the road and it did not provide an accurate
assessment of the situation.
·
That
Upper Garth Road was a residential area with 11 HMOs in the highest part.
·
That
the recent electoral register had noted 69 houses occupied by couples and
single individuals and that it was a settled area where well-known Welsh people
from the field of broadcasting etc. had lived for most of their lives.
·
Policy
CH14 was quoted which noted that the accumulative impact of HMO developments
should not have a negative impact on the social and environmental character of
the street or area.
·
That
Upper Garth Road was at a turning point with families moving out and as
outlined in the above-mentioned policy, the Council did not wish to see this
happening and consequently, the Member was of the opinion that the application
should be refused.
(ng) In response to observations
above, a Member drew attention that areas in Bangor had changed over a period
of year; where there were residential houses at one time, they were now student
houses. It was added that one Halls of
Residence for students was located in the area in question which was an area
with a natural and long-standing link with the University.
(h) A vote was taken to approve the
application; however, this proposal fell.
(i) It was proposed and
seconded to refuse the application as it did not comply with policy C14 of the
Gwynedd Unitary Development Plan - the development would have a negative social
and environmental impact on the area.
Resolved: To refuse the
application as it is contrary to policy CH14 of the Gwynedd Unitary Development
Plan as the development would have a negative impact on the social and
environmental character of the area in question.
Supporting documents: