46 Thimbler Road, COVENTRY, CV4 8FL
Coventry City Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 28 September 2021
- Authority
- Coventry City Council
- Inspector
- Walmsley R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- New Century Global Ltd
- Agent
- Sykes Planning Ltd
- LPA reference
- FUL/2021/0818
- ONS LPA code
- E08000026
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 29 June 2021
Summary AI
The appeal was allowed due to the modest number and scattered distribution of Houses in Multiple Occupation (HiMOs) in the area. The increase in bedrooms proposed would not result in a material increase in activity at the property and therefore no notable increase in noise and disturbance.
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46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision Site Visit made on 16 September 2021 by R Walmsley BSc, MSc, MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 28 September 2021 Appeal Ref: APP/U4610/W/21/3276275 46 Thimbler Road, Coventry CV4 8FL • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by New Century Global Ltd against the decision of Coventry City Council. • The application Ref FUL/2021/0818, dated 12 March 2021, was refused by notice dated 13 May 2021. • The development proposed is change of use from 6-bed house in multiple occupation to 8-bed house in multiple occupation. Decision 1.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision Site Visit made on 16 September 2021 by R Walmsley BSc, MSc, MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 28 September 2021 Appeal Ref: APP/U4610/W/21/3276275 46 Thimbler Road, Coventry CV4 8FL • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by New Century Global Ltd against the decision of Coventry City Council. • The application Ref FUL/2021/0818, dated 12 March 2021, was refused by notice dated 13 May 2021. • The development proposed is change of use from 6-bed house in multiple occupation to 8-bed house in multiple occupation. Decision 1.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision The appeal is allowed and planning permission is granted for the change of use from 6-bed house in multiple occupation to 8-bed house in multiple occupation at 46 Thimbler Road, Coventry, CV4 8FL in accordance with the terms of the application, Ref FUL/2021/0818, dated 12 March 2021, subject to the following conditions: i) the development hereby permitted shall begin not later than 3 years from the date of this decision; ii) the development hereby permitted shall be carried out in accordance with the following approved plans: Proposed Site Plan 06229-402A; Proposed Ground Floor Plan 06229-400, and; Proposed First Floor Plan 06229-401; iii) the House in Multiple Occupation hereby permitted shall not be occupied by more than 8 residents at any time; iv) bins must be stored within the bin storage area as shown on the approved Proposed Site Plan 06229-402A and not positioned on the public highway, unless on bin collection days; v) prior to the development commencing, a Travel Plan shall be submitted to and approved in writing by the local planning authority. The Travel Plan shall include, inter alia, a timetable for implementation and provision for monitoring and review.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision No part of the development shall commence operational use until those parts of the approved Travel Plan that are identified as being capable of implementation after occupation have been carried out. All other measures contained within the approved Travel Plan shall be implemented in accordance with the timetable contained therein and shall continue to be implemented in accordance https://www.gov.uk/planning-inspectorate
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision No part of the development shall commence operational use until those parts of the approved Travel Plan that are identified as being capable of implementation after occupation have been carried out. All other measures contained within the approved Travel Plan shall be implemented in accordance with the timetable contained therein and shall continue to be implemented in accordance https://www.gov.uk/planning-inspectorate
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/21/3276275 with the approved scheme of monitoring and review, as long as any part of the development is occupied, and; vi) Prior to the development commencing, space shall be laid out within the site for bicycles to be parked in accordance with a cycle provision agreed with the local authority. The space thereafter shall be kept available for the parking of bicycles, as long as any part of the development is occupied. Procedural Matters 2. During the planning application process, the appellant agreed to a change in the description of development. The description in the banner heading above, therefore, reflects this change and has been taken from the Council’s decision notice as it more accurately describes the development proposed. 3. Contrary to the Council’s observations, it was apparent at the time of my site visit that the property was in use as a house in multiple occupation for more than 6-bedrooms. Main Issue 4. This is whether the proposal represent over-intensification of the use of the property which would, in turn, cause detriment to the living conditions of the occupiers of neighbouring properties. Reasons 5.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision Policy H11 of the Coventry Local Plan (2016) seeks to ensure that, amongst other things, with the development of Houses in Multiple Occupation (HiMO), the amenities of occupiers of nearby properties, including the provision of suitable parking provisions, is not materially harmed. 6. There are properties within the vicinity of the appeal site that have been converted to HiMOs. Whilst I accept that concentrations of HiMOs can result in problems of noise and anti-social behaviour, the modest number and scattered distribution of HiMOs in and around Thimbler Road means that the development proposed would not result in an over-concentration of this use. 7. The addition of two bedrooms would not cause a material increase in activity at the property and therefore no notable increase in noise and disturbance. There is no evidence of the property as it currently exists being a cause for concern in this regard and therefore the increase in bedrooms proposed would not exacerbate an existing problem. I also note that residents nor Environmental Protection have raised any concerns for the development proposed, nor do I have any evidence before me of noise complaints arising from the current use of the property as a HiMO. 8.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision The existing property, as I saw it on site, encompassed 9 bedrooms, albeit at the time of my site visit not all were in use. It is evident from the Council’s evidence that the property was licenced until March 2021 for 9 persons. I surmise from this that the property has operated with more than 8 people without complaint. This supports my conclusion that an additional two bedrooms would not generate unreasonable levels of increased noise and disturbance. https://www.gov.uk/planning-inspectorate 2
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision The existing property, as I saw it on site, encompassed 9 bedrooms, albeit at the time of my site visit not all were in use. It is evident from the Council’s evidence that the property was licenced until March 2021 for 9 persons. I surmise from this that the property has operated with more than 8 people without complaint. This supports my conclusion that an additional two bedrooms would not generate unreasonable levels of increased noise and disturbance. https://www.gov.uk/planning-inspectorate 2
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/21/3276275 9. There is no on-site parking proposed and therefore the development relies on on-street parking. The parking survey before me demonstrates that local streets have the capacity to accommodate an increase in vehicle numbers. Prospective occupiers will have access to cycle parking and the Travel Plan includes various measures to incentivise tenants to use public transport. Together with the appeal site being in an accessible location, the development would not create a competition for parking that in turn, would lead to parking on verges and be harmful to the living conditions of existing residents. 10. All in all, the development proposed would not result in an over-intensification of the use of the property and that would cause harm to the living conditions of the occupiers of neighbouring properties. The proposal would not, therefore, be contrary to Policy H11 of the Local Plan. Conditions and Conclusion 11. The Council has suggested conditions if planning permission is granted. I have reviewed these conditions and where necessary, omitted or reworded the suggested conditions in the interests of clarity and enforceability. 12.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision In addition to the standard time period for commencement of the development, I have attached a requirement for accordance with the approved plans to define and control the consent which is granted. A condition limiting the number of occupants is required to control the development as this is the basis upon which it has been granted. 13. A condition requiring the bin storage to be maintained, as per the submitted plans, is required to control the development and control potential impact on the character and appearance of the area. 14. Whist a Travel Plan was submitted with the application, a condition seeking details to this effect is included to ensure that there is agreement between the main parties on, inter alia, its implementation and monitoring. This condition, together with that pertaining to cycle parking are included in the interests of highway safety and promoting more sustainable modes of travel. 15. I have no evidence to suggest that a condition pertaining to a boiler is necessary or relevant. With no parking proposed, conditions relating to an electric charging point and footway works are not necessary. 16.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — Appeal Decision For the reasons set out above, and having regard to all matters raised, the appeal is allowed subject to conditions.
46 Thimbler Road, COVENTRY, CV4 8FL — Coventry City Council — R Walmsley INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Living conditions Against appellant ¶9-10
The property was licensed for 9 persons until March 2021, and the inspector surmised that it had operated with more than 8 people without complaint, supporting the conclusion that an additional two bedrooms would not generate unreasonable levels of increased noise and disturbance.
Living conditions Against appellant ¶10
The development relies on on-street parking, but the parking survey demonstrates that local streets have the capacity to accommodate an increase in vehicle numbers. Prospective occupiers will have access to cycle parking and the Travel Plan includes various measures to incentivise tenants to use public transport.
Living conditions Against appellant ¶10
The appeal site is in an accessible location, and the development would not create a competition for parking that would lead to parking on verges and be harmful to the living conditions of existing residents.
Living conditions For appellant ¶10
The development proposed would not result in an over-intensification of the use of the property and that would cause harm to the living conditions of the occupiers of neighbouring properties.
Policies relied on
| Reference | Weight |
|---|---|
| Policy H11 of the Coventry Local Plan (2016) |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 28 September 2021 under the Open Government Licence.