Agenda item

The Area South Lead presented the application as detailed in the agenda and with the aid of a power point gave a presentation showing the site and proposed plans.  He explained the application was referred to committee in accordance with the scheme of delegation and the instigation of an Article 4 Direction. 

Within the presentation, members were advised of a survey of adjacent property uses which showed those that are HMOs or flats or dwellinghouses.  The presentation also highlighted a rear path that was unsurfaced, overgrown and in need of improvement to serve the application site and other properties.

He updated members that:

·         Two letters had been received from existing tenants commending the applicant as an excellent landlord.

·         Email received from No. 1 Crofton Avenue indicating help and support on improving and restoring the rear pathway which would collectively benefit all nearby properties.

·         Received support from the Senior Housing Officer and Environmental Health Officer for Housing Standards who fully supported the application owing to the lack of this type of housing accommodation within Yeovil.

·         In response to comments raised by the Somerset Waste Partnership (SWP) a condition has been imposed to ensure extra provision with regard to bin and recycling storage on the property.

That Area South Lead confirmed that although he had tried numerous times to contact SCC Highways he had not received any further communication and that on this basis his recommendation was to approve the application for reasons as set out in the agenda report subject to no adverse comments from the Highway Authority.

In response to members’ questions, the Area South Lead clarified:

·         Should the application be approved a licence from Environmental Health Housing Standards would also be required for this property.

·         Fire escape requirements would need to comply with Building Control Regulations.

·         Consideration could be given as a parallel piece of work to make an application to change the current resident permit holders Traffic Regulation Order to reduce the 2 hour waiting time within the area. This may help ease the parking issues in the area in future but would require an application to Somerset County Council.

·         As the property is already a large four bedroom house there is currently no evidence or statistics that indicates a five bedroom HMO would generate an increase in vehicles.

Councillor Peter Seib, referring to SSDC’s website, believed the public car park in Goldcroft now had a barrier installed which is locked at night to mitigate anti-social behaviour.

(It is actually the case that one lane has a barrier that is locked at night to prevent entry with crocodile teeth on the exit lane to allow exit at any time).

Mr Peter Gray the current owner of the property addressed the committee.  He explained the difficulty with regard to the selling of his house and his wish to down size. He had previously operated currently operated four vehicles from the property and had no problems with parking in the area.

Mr Chris King the applicant also addressed the committee.  He understood there to be two main reasons for concern; bin and recycling storage which had been resolved by the agreed provision and the increase in vehicles with lack of parking within the area. However, he believed the property to be in an excellent location whereby cars were not a necessity and referred to two other HMOs of which he owned whereby tenant car usage was extremely low.

Councillor Peter Gubbins, Ward member read out comments made by Councillor Kaysar Hussain Ward member as he was not in attendance at the meeting. These included concerns regarding parking and the difficulties that local residents have in finding free parking spaces in the area.  He understood the car park nearby to be closed at night and parking is costly.  He also believed the addition of extra wheelie bins could cause a problem for users of the pavements and unsightly for the area.  He appreciated the need for more affordable properties particularly for single and small families but felt it was already a congested area of Goldcroft.

Councillor Andy Kendall Ward member also voiced concern for the application.  He acknowledged the car parking issues for residents within the area and the impact this had on surrounding roads.  He did not believe it was close to the town centre and that access for lorries, buses and emergency vehicles was a safety concern.

Councillor Peter Gubbins, Ward member also raised concern regarding the lack of parking in the area and the difficulties for local residents.  He acknowledged the possibility of the reduction of the two hour parking restriction but this was no guarantee as it was not under the District Council’s control.  He referred to the reasons behind the introduction of the Article 4 direction and questioned the control of the number of residents with the HMO.  He considered the provision of bin and recycling storage to be acceptable.

During member’s discussion, comments were made including the following:

·         Ridiculous that the nearby public car park was closed at night.  This could alleviate some of the parking problems for residents in the area with implementation of a possible permit scheme. 

·         Appreciate the issues of lack of parking within the area however this was not specific to this application as this was a wider issue.

·         Referred to the reasons of the Article 4 direction to ensure each application could be assessed on its own merits.

·         Appreciated the high demand and need for this type of housing accommodation in the town.

Following a short discussion it was then proposed and subsequently seconded to approve the application as per the officer’s recommendation as set out in the agenda report..  On being put to the vote this was carried by 9 votes in favour, 5 against and 1 abstention.

RESOLVED:

That application 17/01197/COU be approved, subject to no adverse comments from the Highway Authority, for the following reason:

01.       The proposed change of use to a House of Multiple Occupation is considered acceptable on the basis that no adverse impact on highways and parking above and beyond the property's use as a dwellinghouse would occur, no adverse impact on visual or residential amenity is foreseen and other matters can be appropriately conditioned. As such the proposals comply with Policies SD1, SS1, EQ2, TA5 and TA6 of the adopted South Somerset Local Plan and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

            Reason:  To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.       The development hereby permitted shall be carried out and operated in accordance with the following approved plans and documents:

            a)         Location Plan (Map Return Scheme)

            b)         Proposed Layout, date stamped 9th March 2017

            c)         Email dated 12th April 2017

            Reason: For the avoidance of doubt and in the interests of proper planning.

03.       The use hereby approved shall be occupied by no more than 5 people and the communal areas (Dining, Kitchen, Utility, Bathroom on the Ground Floor and Shower room on the First Floor) shall remain available for all residents.

            Reason: To determine the scope of the application and in the interests of residential amenity in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

04.       A scheme shall be submitted detailing the restoration and resurfacing of the rear pathway onto Crofton Avenue. The pathway shall be properly consolidated and not loose stone or gravel. The agreed scheme shall be fully implemented prior to the first occupation of the property as a House in Multiple Occupation.

            Reason: To improve rear access to the suite in the interests of providing bicycle storage and refuse storage in the rear garden and in the interests of health and safety.

05.       A scheme shall be submitted detailing bicycle storage in the rear garden. The scheme shall include security measures and sufficient space for 5 bicycles. The agreed scheme shall be fully implemented prior to the first occupation of the property as a House in Multiple Occupation and thereafter remained and maintained thereafter.

            Reason: In the interests of sustainable travel in accordance with the Somerset Parking Strategy (March 2012).

06.       A scheme shall be submitted detailing bin and recycling crate storage in the front garden. The agreed scheme shall be fully implemented prior to the first occupation of the property as a House in Multiple Occupation and thereafter remained and maintained thereafter.

            Reason: In the interests of providing the HMO will adequate waste and refuse storage in a visually acceptable manner in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

(voting: 9 in favour, 5 against, abstention 1)