WARRINGTON planners have ruled that a loft conversion and extension at a terraced property, so it can become a House in Multiple Occupation (HMO) for up to six people, is lawful.
The loft conversion at the property on Alexandra Street, Fairfield and Howley includes a rear dormer, removal of chimney, provision of roof lights to the front, single-storey rear extension, and change of use to Class C4 HMO.
Despite opposition from local Cllr Sagheer Zaman and 78 members of the public, Warrington Borough Council planners have ruled the development lawful under permitted development.
Opposing the permitted development, Cllr Zaman said: “I hereby strongly object to this HMO application and loft conversion, including the L-shaped dormer window on the following
grounds:
• HMO is not suited to residential terraced properties, streets and often bring noise, anti-social behaviour and safety issues.
• There is no parking provision for the property which will result in on street parking within an overly subscribed and busy area.
• The visual impact of the development.
• Impact on highway safety with one way in place already, a significant increase in congestion and insufficient parking.
• Due to the volume of usage, HMO houses can rapidly deteriorate to the detriment of its neighbours.
• Noise Nuisance – Noise levels will be higher compared to a family home with a group of single adults are more likely to have their own televisions, their own music devices, overnight visitors (more cars and noise), more parties, and to have less concern for their neighbours and anti-social behaviour.
• Waste Management – Already over stretched which will lead to more fly tipping.
• Most HMO’s tenants aren’t usually long-term residents and don’t care if they fall out.
But planners say the application would comply with the criteria for permitted development and as such would be lawful, stating it was not an application for planning permission but related to an application for a Certificate of Lawfulness. This must be considered in accordance with the Town and Country Planning (General Permitted Development) (England) Order 2015.
For the avoidance of doubt, notwithstanding the level of objection lodged against this application, given that this is an application for a certificate of proposed lawful use/development, under the terms of the constitution, this is an application of a type that is not for consideration by the Development Management Committee (DMC).
The application site relates to a two-storey, brick-built, bay-fronted middle terrace located on the western side of Alexandra Street within an established residential area of Warrington.
The HMO would consist of 6 single bedrooms and the property will be occupied by no more than 6 persons in total, in line with Class C4 requirements.
Officer Response to Objections
All Public comments have been noted; however, this application will only consider the compliance or otherwise with the relevant sections of the GPDO in relation to the proposed extensions and alterations and the proposed use.
There are no conditions on any previous planning permissions which remove the ability to operate the dwelling as an HMO and there are no article four directions in place to remove the relevant permitted development rights.
The representations received from members of the public have all been considered, but the application is for a lawful development certificate. This type of application confirms whether the proposal complies with permitted development rights, as outlined in the General Permitted Development Order.
Therefore, the concerns raised by residents, in relation to the impact on highway safety, parking, refuge, the amenity of the area, impacts on local infrastructure and over-concentration of HMOs in the vicinity etc are all not material considerations to this application and they ultimately cannot be taken into account during the decision-making process.
This is because the compliance or non-compliance with the regulation ultimately decides whether the proposal will be granted or not.
The development proposed has been assessed against the criteria as set out under Part 1, Class A and Class B, Class G and Part 3, Class L in the Town and Country (General Permitted Development) Order 2015 (as amended). It is concluded that the development proposed complies with the criteria for permitted development.
The Lawful Development Certificate is, therefore, granted.
