planning committee 29/06/2021 alterations. occupation (hmo

Planning Committee29/06/2021

P/2020/0846/FUL

APPLICATION NUMBER: P/2021/0345PROPOSAL: Change of use of day care centre to a

6 person house of multiple occupation (HMO C4) with external alterations.

LOCATION: 210 Robins LaneSt HelensMerseysideWA9 3PQ

WARD: Sutton WardAPPLICANT: Adams Edwards Property SolutionsCASE OFFICER: Miss Jennifer Bolton RECOMMENDATION: Grant planning permission subject to

conditions

1. APPLICATION SITE 1.1 The application site is a two storey building located at the end of a row of terraced

houses fronting Garnet Street and Robins Lane. The main entrance into the building is taken from Robins Lane. At first floor roof level there is roof terrace.

1.2 Adjoining the site is a row of terrace properties which have rear yards. To the rear of the application site and terraced properties is a pathway beyond which is an area of green space.

1.3 The surrounding area is predominantly residential character and is a mix of terraced properties and dormer properties. There is on-street parking along Garnet Street and Robins Lane and there is a bus stop opposite the site on Robin’s Lane.

2. PROPOSAL

2.1 The application proposes to change the use of a former day care centre to a 6 person house of multiple occupation (HMO C4) with external alterations.

2.2 Each room would have one double bed and would share a bathroom, lounge and kitchen. There would be a bin store room and a cycle room.

2.3 The external alterations would include the replacement of a large window / door to the roof terrace with 2 separate windows and a single door giving access to the roof terrace, a new entrance door at ground floor will be located at the rear on the south-east elevation and the removal of render and re-render in white.

3. CONSULTATIONS

3.1 Highways – No objection. Condition required for cycle parking provision.

3.2 Noise – No comments received.


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4. REPRESENTATIONS 4.1 The application was publicised by way of individual neighbour letters and site a notice.

As a result of the publicity 6 objections were received. The objections are summarised as follows:

No letter received and no information to lamppost. Refer to liverpoolexpress.co.uk in which an article entitled ‘Liverpool to limit the rise

of HMO conversions’, quote Councillor Barry Kushner. Liverpool City Council cabinet member for housing. ‘’ Residents have told us how much HMO’s are damaging the fabric and stability of the community’’

Liverpool council decision to limit HMO’s follows a two-month long consultation on the issue which showed 81% were in favour of the move. Read and digest the comments and experience of Liverpool Council. As part of Liverpool City Region (LCR), you may well already be reviewing and listening to the communities of St Helens, in line with Liverpool Council response to the impact of HMOs on settled and sustainable communities.

How can a car free environment be enforced? No proof the residents and their visitors will be non drivers. Garnet street and Robins

lane is already double parked. Robins Lane heavily congested road and a bus route therefore not suitable to manage parked cars.

Statistics from cycling UK show that only 1% of people ride bikes and 83% of cyclists are car drivers.

On Waterdale crescent there is a resident who has 24 hour full time carers who already park their 3-4 cars in Garnet street permanently, in addition to the homeowners, any more cars would be total chaos.

What procedures will be put in place to protect the locals who have lived here for years?

Waste management will obstruct public footpath especially for school children on Robins Lane.

Building already has six bedsits within and has previously been used as an HMO without planning permission.

For the last 8 years this building has not been used as a day care centre; Repercussions of this caused numerous problems with residents include verbal abuse, noise pollution, antisocial behaviour, irresponsible parking, disgusting waste disposal, danger for residence children playing.

Access to parking in the street is becoming increasingly more difficult for the residents.

Resident suffering from health problems needs to park outside home, Street used as a rat-run and has also been a problem for emergency vehicles in the

past. Built in 1903 and used for numerous years a place of worship, family house and day

care centre, the uses and purpose were complimentary to residents living in Garnet Street,

210 Robins Lane will be defined as a Large HMO. Past experience and possible future issues with HMO include;


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- “pit stop” with no sense of ownership or care for the premises, - tenants “sleeping over” and further increasing the occupation of the property. - High turnover of occupancy during the years therefore unable to confirm numbers

when a St Helens officer visited. - Limited street parking, no consideration for parking provision is provided for the 6

households of the HMO - No parking/transport plan to accommodate for this increase in vehicle parking,

bumper to bumper parking, blocking cars in, visitor cars parking.

Anti-Social Behaviour (ASB) – noise and disturbance from the occupiers, music, talking, bedrooms used as living areas.

Examples of previous anti-social behaviour incidents provided including swearing, noise,

Use of the roof terrace adjoins main bedroom, noise, and disturbance from the use of it day and night to smoke, or BBQ, party and play music.

Previous experience created a negative impact and anticipated concerns.

Non-material planning

Health and safety issue with the veranda. There is no wheelchair access mentioned in the plan. Vermin and fly tipping problem Roof terrace will encourage alcohol drinking in good weather. Will crimes of individuals be published to nearby residents? Effect house prices Increase in crime rate. Fly tipping

5. SITE HISTORY

5.1 The site history can be summarised as follows:

P/1997/0064 - Change of Use from Social Club to Storage. Granted subject to conditions 11.03.1997.

P/2000/0250 - Conversion of former Derby and Joan Club into a Dwellinghouse. Granted 31.05.2000.

P2002/0608 - raising of parapet wall to create a roof terrace. Granted subject to conditions 12.07.2002.

P/2007/0188 - Change of Use from Residential to office. Granted subject to conditions 26.03.2007.

P/2009/0269 - Change of use of ground floor office (A2) to Elderly Persons Day Centre (D1). Granted subject to conditions 22.05.2009.

Enforcement inquiry at 210 Robin s Lane. Alleged Change of use of elderly persons day centre (D1) to HMO (C3). Investigation concluded it was not being used as an


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HMO at the time. The owners were told to apply for a permission if they were going to use it as an HMO.

6. POLICY

National Planning Policy Framework6.1 Paragraph 9 of the National Planning Policy Framework (NPPF) states that planning

decisions should play an active role in guiding development towards sustainable development, but in doing so should take local circumstances into account to reflect the character, needs and opportunities of each area. Paragraph 11 states that planning decisions should apply a presumption in favour of sustainable development. This means approving development proposals that accord with an up-to-date development plan without delay; or where the development plan is absent, silent or out of date planning permission should be granted unless the application of policies in the NPPF that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole.

6.2 Paragraph 12 of the NPPF clarifies that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where a planning application conflicts with an up-to-date development plan, permission should not normally be granted. Local planning authorities may take decisions that depart from an up-to-date development plan, but only if material considerations in a particular case indicate that the plan should not be followed.

Development Plan6.3 The adopted development plan for St Helens is the St Helens Local Plan Core Strategy

(adopted 2012); saved policies in the St Helens Unitary Development Plan (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (adopted 2013).

Core Strategy (2012)CP 1 - Ensuring Quality Development in St. HelensCP 2 - Creating an Accessible St. HelensCH1 – Policy CH 1 Meeting St. Helens' Housing RequirementCH2 - Meeting St. Helens' Housing Needs

Supplementary Planning DocumentsEnsuring a Choice of Travel

Other Considerations6.4 The application has been considered having regard to Article 1 of the First Protocol of

the Human Rights Act 1998, which sets out a person’s rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.


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6.5 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

6.6 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

7. ASSESSMENT

Principle of Development

7.1 Section 5 of the NPPF states that there is a need to significantly boost the supply of housing. Section 2 states decisions should apply a presumption in favour of sustainable development. For decision making this means approving development proposals that accord with an up-to-date development plan.

7.2 Policy CH1 of the Core Strategy (CS) states the net housing requirement for St Helen’s during the period 2003 to 2027 comprises 13,680 new dwellings. Point 4 of the policy states this this will be achieved through the reuse and conversion of appropriate buildings for housing. This policy is designed to ensure that enough new and improved dwellings are available to meet identified housing needs.

7.3 Policy CH2 of the CS states a suitable mix of high-quality housing will be provided to deliver sustainable communities in accordance with identified local needs. Point 3 states the provision of units, including apartments and bungalows, to meet the needs of an ageing population and smaller households will be supported.

7.4 Objections have been received over the type of accommodation, referring to Liverpool Councils decision to reduce HMO’s due to impact on settled communities, the turnover of occupiers, that the building has been used before as an HMO and issues that have been experienced by surrounding residents.

7.5 In terms of housing mix ‘The Strategic Housing Market Assessment Update’ dated January 2019 does not specifically identify HMO’s. It does state there is a demand for family housing but that for affordable rented housing the data suggests in the period between 2016 and 2033 that there is still a need for homes with one- or two-bedrooms.

7.6 The previous lawful use of the application site is as an Elderly Persons Day Centre and therefore planning permission is being sought to change the use of the application site to an HMO.

7.7 The applicant states the building has been vacant for 2 years. The re-use of a vacant building to provide residential accommodation of 1 bedroom within shared accommodation would still contribute to housing supply as it will still serve a role of providing a mix of housing supply.


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7.8 The proposed use is therefore considered to be appropriate in principle and would comply with policies CH1 and CH2 of the Core Strategy.

Design and Visual Amenity

7.9 Policy CP1 of the CS requires all new development to be sympathetic to surrounding land uses and occupiers, avoiding detrimental impact on the amenities of the local area, in particular residential amenities. The amenities of occupiers of the new development should not be adversely affected by neighbouring uses and vice versa.

7.10 Policy CP1 also requires new development to minimise opportunity for crime and maximise natural surveillance.

7.11 Objections have been raised regarding waste management and the use of the roof terrace through disturbance.

7.12 Bin storage has been shown to be located within a ground floor room as there is no outdoor provision for bin storage. The roof terrace is an enclosed space, but its function is for outdoor amenity space for the occupiers of the building.

7.13 The building is not listed or within a Conservation Area. The applicant acknowledges its historic value as there are 3 foundation stones bearing the names of Councillor Alderman H. B. Bates, (who served as mayor of St Helens), Charles Walsh Esq & Joseph Appleton Esq. which are sited on the front elevation of the building facing Garnet Street. The proposals include replacing these with a new commemorative plaque preserving the buildings history as the applicant states they are in disrepair. This can be secured through a condition.

7.14 The replacement windows and external alterations including the render to door would be sympathetic to the character and appearance of the building and accord with policy CP1.

Residential Amenity

7.15 Policy CP1 of the Core Strategy requires all new development to be sympathetic to surrounding land uses and occupiers, avoiding detrimental impact on the amenities of the local area, in particular residential amenities. The amenities of occupiers of the new development should not be adversely affected by neighbouring uses and vice versa.

7.16 Policy CP1 also requires new development to minimise opportunity for crime and maximise natural surveillance.

7.17 Objections have been received over concerns for anti-social behaviour, noise and disturbance, the type of tenants and the use of the roof terrace.

7.18 The applicant has indicated that they may consider elderly or disabled occupiers


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although planning could not require this.

7.19 The character and type of tenant is not a material consideration for planning although the applicant has stated that they would manage the property with regular inspections.

7.20 There would be bedrooms next to the adjoining terrace at no.3 Garnet Street but these rooms at the site were previously used for both offices under former permissions so there is not considered to be a significant change which would cause adverse disturbance to the neighbours.

7.21 There would be a roof terrace which could be accessed by all the occupiers. This is sited

at the rear of the property similar to the rear yards of the terraced properties. The height of the wall would be 1.63 metres high, so the privacy of neighbouring properties is protected.

7.22 There are two bedroom windows directly facing onto the roof space which does present some privacy issues for the occupiers of the rooms although the roof terrace would only be used by the tenants of the property. Low level obscure screening could be secured through a condition.

7.23 It is therefore considered that the development would not have a detrimental impact on the residential amenity of the neighbouring residential properties and occupiers of the HMO and would comply with Policy CP1 of the CS in this respect.

Highways

7.24 Policy CP2 of the CS requires the provision of safe and adequate vehicular, cycle and pedestrian access to and from and circulation within a site. There should be provision of adequate on-site parking, which should not exceed the Council’s adopted maximum standards.

7.25 Section 9, paragraph 109 of the National Planning Policy Framework (NPPF) states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.

7.26 The Ensuring a Choice of Travel Supplementary Planning Document does not currently HMO properties, however the Councils Highway Engineers have explained that having benchmarked against other authorities a 70% provision is generally considered appropriate. For this proposal for 6 bedrooms this would equate to 4 parking spaces.

7.27 Objections have been raised stating the proposal will acerbate existing on-street parking, there is no evidence of ‘no’ car ownership for HMO’s, insufficient parking for visitors, obstruction to emergency vehicles and reliance on public transport.

7.28 Residents state the building has been used as an HMO previously, however, the lawful use of the site is for an elderly day cere centre (P/2009/0269) which was granted in 2009. The existing plans show the building was used for four offices (Use class A2)


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and changed to an elderly day care centre with four offices upstairs and lounge and kitchen at ground floor area. There were to be 3 staff with visitors transported to the site via minibus.

7.29 The Councils Highway Engineers acknowledge that there would have been demand for parking associated with the day care centre usage based on the number of staff employed.

7.30 On-street parking is evident along Garnett Street which it is likely heavily relied upon by the occupies of the terraced properties.

7.31 The application site is within a sustainable location with a bus stop on Robin’s Lane and St Helen’s Junction train station and local facilities within walking distance of the site. The proposal would also provide cycle parking facilities. The Council’s Highway Engineers also advise that census data indicates that 26% of residents in Sutton ward do not have access to a vehicle.

7.32 The applicant states the proposed tenants of the HMO are aimed at being elderly and less car reliant, however, the type of tenant could not be secured through planning.

7.33 The Councils Highway Engineers have raised no objection and have advised that the proposed use is not considered to represent a significant change in demand for parking for the property. Highways suggested a condition for a scheme of cycle parking, but this has now been provided within the building.

7.34 On the basis of the above it is considered the change of use is appropriate in this location and would comply with policy CP2 of the Core Strategy.

Other Matters

7.35 An objection has been received stating wider consultation should have been carried out. This application was publicised in accordance with the statutory requirements of article 15 of the Development Management Procedure Order (as amended) and the Statement of Community Involvement (2012).

8. CONCLUSION

8.1 This application would change the use of a vacant to a house of multiple occupancy which would provide a mix of housing supply within St Helen’s in a sustainable location. The proposal would comply with the development plan and is therefore a sustainable development where planning permission should be granted.

http://www.legislation.gov.uk/uksi/2015/595/article/15/made

http://www.legislation.gov.uk/uksi/2015/595/article/15/made


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9. RECOMMENDATION

9.1 Grant Planning Permission Subject to the following conditions:

1. The works hereby permitted must be begun within 3 years of the date of this decision notice.

2. The development shall be carried out in accordance with the following application drawings:

Plan ref: 207931 Rev A-Proposed elevations Plan ref: 207931 Rev A Proposed floorplans Location plan

3. The three plaques on the elevation of the building facing Garnet Street shall be replaced in the same material and location as existing unless otherwise agreed in writing with the Local Planning Authority.

4. Prior to first occupation details of obscure screening for the first floor bedroom windows facing onto the roof terrace shall be submitted to and agreed in writing with the Local Planning Authority. Only the approved details shall be implemented and shall thereafter be retained.

5. The internal bin storage and cycle parking room as shown on plan ref:207931 shall be installed and made available prior to first use of the building and shall be retained thereafter.


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10. IMAGES

Location Plan


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Proposed Floorplans

Proposed Elevations


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Photographs


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