Report to: 
	
South Cambridgeshire District Council Planning Committee 	11 November 2020	
Lead Officer:
	Joint Director of Planning and Economic Development  	

20/02450/FUL – Fulbourn 
(Barnsbury House, Cox’s Drove, Fulbourn)
Proposal: Change of use and conversion from C4 use to large House in Multiple Occupation (HMO)

Applicant: Mr Rodney Bird

Key material considerations:
Principle of development
Neighbour amenity 
Impact to the character and appearance of the area 
Highway matters

Date of Member site visit: NA

Is it a Departure Application?: No

Decision due by: 16/07/2020

Application brought to Committee because: Called-in by Fulbourn Parish Council, and subsequently agreed at the Delegation Meeting held on 22/09/2020.

Presenting officer: Rebecca Claydon

Executive Summary
1.	The application seeks permission for the Change of Use from C4 use to a large House in Multiple Occupation (HMO) (Sui Generis use class). It does not propose external changes.

2.	The Development Framework cuts through the rear of the site, with a section of the rear garden located within the Green Belt (although the majority is not). There are residential dwellings to the south and west of the site.
3.	Under Permitted Development Rights, the applicant is able to interchange the property from C3 (residential) use to C4 (HMO) use, for up to 6 residents. As the proposal is for up to 8 residents, the assessment assesses the impact of the two extra residents proposed.

4.	Officers are satisfied that the proposal is acceptable in terms of impact to the character and appearance of the area and the amenity of the occupiers of the neighbouring residential properties, as well as in regard to highway matters.
Relevant planning history
5.	S/2456/14/FL – Conversion of existing garage to form domestic accommodation and creation of porch – Permitted

S/2201/15/FL – Conversion of residential annexe to form new dwelling – Refused

S/1139/15/VC – Variation of Condition 8 (Permitted Development Rights) of Planning Consent S/0972/97/F for erection of house including annexe – Refused

S/1776/16/FL – Proposed extension to existing stables for store rooms / workshop areas – Refused

S/1098/18/FL – Extension to existing stables for store rooms / workshop areas / animal welfare – Refused 

S/0842/18/FL – Garden room extension – Permitted

ENF/0093/17 – Dwelling used as Large HMO without permission – Closed 
Planning policies
6.	South Cambridgeshire Local Plan 2018
S/1 Vision
S/2 Objectives of the Local Plan
S/3 Presumption in Favour of Sustainable Development
S/7 Development Frameworks
S/9 Minor Rural Centres 
CC/6 Construction Methods
CC/8 Sustainable Drainage Systems
HQ/1 Design Principles
NH/8 Mitigating the Impact of Development in and adjoining the Green Belt
H/12 Residential Space Standards
TI/3 Parking Provision

7.	South Cambridgeshire Supplementary Planning Documents (SPD)
Greater Cambridge Sustainable Design and Construction – Adopted January 2020

8.	National Guidance
National Planning Policy Framework (NPPF) 2019
National Planning Practice Guidance (NPPG)
National Design Guide 2019

Consultation
9.	Fulbourn Parish Council: Fulbourn Parish Council objects to this application for the following reasons: - 1. An HMO with a potential of 16 residents was not the intended use for this particular house. Cross reference planning application S/2456/14/FL, point 3. 2. The property and surrounding locale cannot accommodate the potential extra car parking required and additional traffic flow. The property is situated at the end of a single-track lane. 3. Additional noise pollution. Recommendation Refusal. 

The Parish Council would like this application to be considered at the Planning Committee please.

This application was taken to the Scheme of Delegation Meeting and, given the site’s extensive planning history and the Parish Council call-in, alongside the two local ward member objections, it was decided that the application should be considered by members at planning committee. 

10.	Ward Councillor John Williams: Between 2014 and 2018 Barnsbury House was used to house immigrant workers. The traffic and noise generated by this caused much distress and nuisance to adjacent residents. I would refer you to Alistair Funge planning enforcement officer who dealt with this and also breaches of planning permission, including the issuing of a permanent enforcement warning in 2017. This experience shows that the property is not suited as a HMO and should be taken into account as a material planning consideration in determining this application.

11.	Ward Councillor Claire Daunton: I object to this application. I write as a Ward councillor. For a period in the recent past this property was used to house a number of workers on short-term contracts. There were continued complaints from residents of excess noise and traffic. South Cambs enforcement officers were called out on several occasions and as a result an enforcement notice was issued. This past experience provides good evidence that the property in question should not be used as an HMO: and it should be considered as material evidence when the planning application comes to be determined.

12.	Environmental Health Officer: I can confirm that I have no objections to the above proposals from an environmental health standpoint. The applicant should be made aware that if planning consent is granted, they must then contact this service on completion of the works and prior to further occupation so that a full inspection can be undertaken. This is to ensure compliance with the Management of Houses in Multiple Occupation (England) Regulations 2006 and also that this service is satisfied that the current HMO licence can be varied.

13.	Highways Officer: Conditions and informatives recommended. Notes that the additional occupants of the HMO may impose additional parking demands upon the on-street parking on the surrounding private access road and, whilst this is unlikely to result in any significant adverse impact upon highway safety, there is potentially an impact upon residential amenity which the Planning Authority may wish to consider when assessing this application.

14.	Drainage Officer: The development proposed is acceptable subject to the imposition of condition(s). 

Representations from members of the public

15.	No representations were received from members of the public.

The site and its surroundings

16.	Barnsbury House is situated to the west of Cox’s Drove, in the north of Fulbourn, which is designated as a Minor Rural Centre. It sits within a small residential area at the end of a long gravel track. The site is separated from the railway line that runs to the north by a paddock and tree belt, which are within the green belt. 

17.	The development framework runs through the site, and cuts off a significant part of the main dwelling and all of the rear garden. A section of the rear garden is within the green belt; however the majority of the site is not. Green belt fields are located behind and to the south of the garden. Further south, there are several large residential properties. To the west of the property are residential dwellings and industrial/commercial units.

The proposal

18.	The proposal is for the change of use and conversion from C4 (HMO) use to a Sui Generis large House in Multiple Occupation (HMO).  The house is currently in use as a small HMO for up to 5 occupants and this application seeks permission for the change of use of the building to an 8-bedroom and 8-person HMO, as stated in the Planning Statement. There would be no internal or external alterations.
 
Planning Assessment
Principle of Development
19.	The property is currently in use as a 5 person HMO which falls within Use Class C4 and which allows for the occupation of 3-6 unrelated individuals who share a kitchen/bathroom. Unless Permitted Development Rights have been removed from a property, dwellings are able to change between C3 residential and C4 small HMO without the need for planning permission. This proposal is seeking planning permission for an 8-person HMO which would fall outside of the C4 Use Class and would be classed as a Large HMO of Sui Generis use. Therefore, this application assesses the impact of two additional residents beyond the fall-back Permitted Development position of Use Class C4. 

20.	The property is located away from the centre of Fulbourn and is situated at the end of a track. Access is via Cow Lane and Cox’s Drove. The site is adjacent to the green belt on the northern boundary with a section of the rear garden being located within the green belt. The rear of the property and the garden is outside of the development framework. The site is adjacent to residential properties on the remaining boundaries.

21.	Whilst Policy S/7 indicates the limited factors where development outside the Development Frameworks could potentially be supported, section 2.52 of the policy’s supporting text notes that where the Development Framework cuts across gardens, then applications will be considered on their individual merits. 

22.	Policy NH/8 states that development proposals adjacent to the green belt must be located and designed so that they do not have an adverse impact on the green belt. Given that the proposals do not include any external changes to the property, officers are satisfied that there would be no adverse impact to the green belt. 

23.	Taking into account the above, and the below material planning considerations, it is considered that the principle of development is acceptable.

Amenity of Future Occupiers 

Internal and External Amenity for Future Occupiers

24.	Policy H/12 sets out the residential space standards required. All of the 8 bedrooms meet the residential space standards required for single occupancy. Condition 2 as recommended would ensure that the property is not occupied by more than 8 persons. There are several large internal communal spaces including the ground-floor drawing room and two ground-floor kitchens, which are considered to be sufficient in size. There is also a large rear garden which officers consider to be of an adequate size for the proposed number of occupants. 

Car and Cycle Parking

25.	The Planning Statement submitted with the application states that there are currently four car parking spaces, which would be increased to 6. No drawings have been received regarding this. However, Policy TI/3 does not state any car parking standards for HMO Sui Generis use, and the standard for C3 residential use has a minimum of 2 spaces per dwelling. Whilst the proposed spaces could be considered sufficient, further details are required and therefore a condition requiring further details of vehicle parking has been attached to this permission.

26.	There would be 8 cycle spaces provided in a location to the rear of the property. Details of the design of the parking facilities has not been provided, and therefore officers consider it reasonable to impose the condition recommended by the Highways Officer regarding further details for cycle storage. 

27.	Therefore, the proposal does not conflict with Policy TI/3 of the South Cambridgeshire Local Plan (2018).

Refuse

28.	There is ample space on the site to provide dedicated bin storage, however given the amount of occupants proposed, officers recommend a condition that bin storage details are submitted prior to occupation.

Highway Safety

29.	The Highways Officer has raised no objection to the proposal and therefore it is considered not to have an adverse impact upon the public highway. It is considered reasonable to impose a condition requiring the first five metres of the access from the adopted highway to be constructed using a bound material in order to prevent debris spreading into the public highway as a result of a potential marginal increase in traffic movements.

Residential Amenity

30.	Barnsbury House is located within a quiet residential area of Fulbourn and sits at the edge of the village. The properties of Burrows and Swallowfield sit to the east of Barnsbury House, whilst Holly Lodge sits to the south. The properties and their curtilages are large and there is considerable distance between Barnsbury House and its neighbours. Whilst there may be some impact to the residential amenity of the neighbouring occupiers in terms of increased comings and goings due to the additional occupants, due to the small amount of additional occupiers, it is unlikely that this is going to have a significant adverse impact to the neighbouring residents. In addition, the rear garden is large and the communal spaces within the property are considered to be adequate for the number of residents proposed. Therefore, it is considered unlikely that the increase in occupants would lead to adverse impact to neighbouring residential amenity in terms of noise. 

31.	Given that there are no external alterations proposed, there would be no added impact in terms of overshadowing, overlooking or sense of enclosure resulting from the proposals.

Character and Heritage Assets

32.	The immediate surrounding area is primarily residential, although there are several industrial/commercial units to the west of the site. 
33.	By virtue of the fact that no external changes are proposed, it is considered that the proposal would not have a negative impact on the surrounding context in terms of its design. 
34.	It is considered that the proposal complies with Policy HQ/1 of the South Cambridgeshire Local Plan (2018).
Other Matters

35.	Concerns have been raised regarding the use of the property as an HMO. Under Permitted Development Rights, a change of use from C3 residential use to C4 HMO use can be undertaken without notification or application to the Local Planning Authority. Condition 3 of application S/2456/14/FL seeks to restrict the use of the annexe to purposes ancillary to the dwelling; however, this is a standard condition often applied to ancillary buildings. However, this does not prevent the applicant from applying for further planning applications which would require assessment on their own planning merits.

36.	An HMO licence has been granted by the Environmental Health and Licensing Department for an 8-person HMO. This licence is separate from the planning process and looks at issues such as safety regarding smoke alarms, gas, and electrical appliances, as well as the standard of facilities provided.

37.	The applicant submitted a short statement responding to concerns regarding the previous use of the building and subsequent enforcement issues. Officers are satisfied with this explanation and do not consider that the previous issues with the alleged poor management and occupation of the property should have a bearing such that planning permission should be refused in this instance. The Local Planning Authority cannot control to whom the property would be let, but its scale and location would suggest that with appropriate management, it is entirely suitable for 8 persons to occupy without any undue harm to local amenity.  

Planning balance and conclusion
38.	Taking into account all of the points discussed above, it is considered that the property is suitable for an 8-person large HMO, and that it would not result in significant adverse amenity issues to the neighbouring properties. Having regard to all applicable national, local and neighbourhood planning policies, and having taken all relevant material considerations into account, it is considered that planning permission should be granted in this instance.

Recommendation
39.	Officers recommend that the Planning Committee Approves the application subject to the following recommended conditions:
Conditions
1: The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2: A maximum of 8 persons only shall reside at the property at any one time. 

Reason: To ensure the use of the property and its associated parking and amenity spaces accords with the terms of application and that any further intensification of residential use of the property is adequately assessed as part of a separate application.  

3: The development hereby permitted shall be carried out in accordance with the approved plans as listed on this decision notice.

Reason:  In the interests of good planning, for the avoidance of doubt and to facilitate any future application to the Local Planning Authority under Section 73 of the Town and Country Planning Act 1990.

4: The access must be constructed using a bound material, for the first five metres from the boundary of the adopted public highway into the site, to prevent debris spreading onto the adopted public highway due to the proposed intensification of use and the bound material shall be implemented prior to the use of the property. 

Reason: in the interests of highway safety

5: Prior to the occupation of the development the details of the number, location and design of the cycle parking and refuse facilities shall be submitted to and approved in writing by the local planning authority. The approved facilities shall be provided before occupation and retained at all times. 

Reason: To ensure appropriate cycle parking and refuse facilities are provided

6: The use, hereby permitted, shall not commence until parking and turning spaces for at least six vehicles has been laid out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.  

(Reason - In the interests of highway safety in accordance with Policy HQ/1 of the South Cambridgeshire Local Plan 2018).

Informatives
7: The granting of a planning permission does not constitute a permission or licence to a developer to carry out any works within, or disturbance of, or interference with, the Public Highway, and that a separate permission must be sought from the Highway Authority for such works.

8: Compliance with the Management of Houses in Multiple Occupation (England) Regulations 2006 is required.
Background Papers
The following list contains links to the documents on the Council’s website and / or an indication as to where hard copies can be inspected. 
•	South Cambridgeshire Local Plan 2018 
•	South Cambridgeshire Supplementary Planning Documents (SPDs)
•	Planning files references: 20/02450/FUL
Report Author: 
Rebecca Claydon – Planning Officer
Telephone: 07704 018459