58 Gladys Avenue, PORTSMOUTH, PO2 9BQ

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision Site visit made on 7 November 2022 by Guy Davies BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 18 November 2022 Appeal Ref: APP/Z1775/W/22/3297351 58 Gladys Avenue, Portsmouth PO2 9BQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr Legg of Synergy Wealth Creation Ltd against Portsmouth City Council. • The application Ref 21/01717/FUL, is dated 24 November 2021. • The development proposed change of use from house in Class C3 (dwellinghouse) to purposes falling within Class C3 (dwellinghouse) or Class 4 (house in multiple occupation). Decision 1.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision The appeal is allowed and planning permission is granted for the change of use from house in Class C3 (dwellinghouse) to purposes falling within Class C3 (dwellinghouse) or Class 4 (house in multiple occupation) at 58 Gladys Avenue, Portsmouth PO2 9BQ in accordance with the terms of the application Ref 21/01717/FUL, dated 24 November 2021, and subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Prior to occupation of any part of the premises as a house in multiple occupation, details of a covered, enclosed, secure and weatherproof bicycle storage facility for a minimum of 4 bicycles shall be submitted to and approved in writing by the local planning authority. The approved bicycle storage facility shall be installed prior to occupation of any part of the premises as a house in multiple occupation, and thereafter retained. Preliminary Matters 2. I have taken the description of development from the appeal form as being a more comprehensive description compared to that on the application form. 3.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision The Council has resolved that, had the appeal against non-determination not been made, it would have granted planning permission, subject to conditions. I have had regard to this resolution in determining the appeal. 4. At the time of my visit the building had largely been fitted out as shown on the plans although was not occupied. Extensions had recently been added to the ground floor rear and the rear roof slope. https://www.gov.uk/planning-inspectorate

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision The Council has resolved that, had the appeal against non-determination not been made, it would have granted planning permission, subject to conditions. I have had regard to this resolution in determining the appeal. 4. At the time of my visit the building had largely been fitted out as shown on the plans although was not occupied. Extensions had recently been added to the ground floor rear and the rear roof slope. https://www.gov.uk/planning-inspectorate

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/22/3297351 5. The change of use between a dwellinghouse and a house in multiple occupation under Class C4 would normally be permitted development. However, the Council advises that properties in the area, including the appeal property, are subject to an Article 4 Direction made on 1 November 2011 that removed this particular permitted development right, so that planning permission is required for such a change of use. Main Issues 6. The main issues are the effect of the change of use on: • The mix and balance of housing in the area • The standard of accommodation for future occupants • The living conditions of neighbouring occupants • Pressure for on-street parking • The impact on the Solent special protection areas. Reasons Mix and balance of housing 7. Policy PCS20 of the Portsmouth Plan 2012 permits changes of use to a house in multiple occupation (HMO) where the community in which it is situated is not already imbalanced by a concentration of such uses or where the development would not create such an imbalance. 8.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision While recognising the benefits of HMOs as a source of accommodation for certain groups, including for people on low incomes, young professionals, students and one-person households, the policy also recognises that there are potential negative impacts if there is an overconcentration of such uses in one place. There is also a need for family accommodation (3 or more bedroom dwellings) in the city, the supply of which is reduced by conversion to HMOs. The policy seeks to balance these competing needs by limiting the proportion of HMOs in any one residential area. 9. The ‘Houses in multiple occupation (HMOs) – ensuring mixed and balanced communities’ Supplementary Planning Document 2019 provides guidance on the interpretation of Policy PCS20. It says that a community is considered to be imbalanced where more than 10% of residential properties within a 50m radius of the application property would be in HMO use. In this case, the proposed development would increase the number of HMOs from 2 to 3 out of 53 residential properties within a 50m radius of the appeal site. This would be less than 10% of the properties in that area, and suggests that the development would not lead to an imbalance in the housing mix. 10.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision In addition to the number of HMOs in the locality, the supplementary planning guidance also seeks to avoid situations where a dwellinghouse would be sandwiched between 2 HMOs, or where there would be a concentration of 3 or more HMOs alongside one another. Neither of these circumstances would arise in this case. 11. Having regard to the supplementary planning guidance on HMOs, I am satisfied that the proposal would not have a harmful effect on the mix and balance of https://www.gov.uk/planning-inspectorate 2

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision In addition to the number of HMOs in the locality, the supplementary planning guidance also seeks to avoid situations where a dwellinghouse would be sandwiched between 2 HMOs, or where there would be a concentration of 3 or more HMOs alongside one another. Neither of these circumstances would arise in this case. 11. Having regard to the supplementary planning guidance on HMOs, I am satisfied that the proposal would not have a harmful effect on the mix and balance of https://www.gov.uk/planning-inspectorate 2

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/22/3297351 housing in the area and would therefore accord with Policy PCS20 of the Portsmouth Plan 2012, which supports mixed and balanced communities and seeks to ensure that a range of household needs continues to be accommodated throughout the city. Standard of accommodation for future occupants 12. Policy PCS23 of the Portsmouth Plan 2012 requires, amongst other criteria, a good standard of living environment for future residents and users of the development, and secure cycle storage. The supplementary planning guidance on HMOs and further guidance given in the document ‘Standards for Housing in Multiple Occupation 2018’ assist with interpretation of the policy by providing minimum standards for room sizes for bedrooms, bathrooms and communal spaces. 13. The proposed accommodation meets or exceeds the suggested minimum room sizes for bedrooms, bathrooms and communal spaces. There is sufficient space in the rear garden area to accommodate secure cycle storage, which can be required by condition. 14.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision I conclude that a good standard of accommodation for future occupants would be provided by the development, and it would therefore accord with Policy PCS23 of the Portsmouth Plan 2012, which promotes good design and attractive living environments. Living conditions of neighbouring occupants 15. Use of the property as an HMO may result in a somewhat different pattern of activities than if it were in use as a family dwellinghouse, because it would be occupied by more adult occupants than the mix of ages inherent in an average family. However, those activities would still be domestic in nature and would be compatible with the existing residential environment and the activities that are associated with it. I do not consider that the use of the property as an HMO would give rise to a form or level of activity that would be harmful to neighbouring properties in the area. 16. Appendix 5 to the supplementary planning document on HMOs notes that historically there has been a greater level of complaint about noise, waste and anti-social behaviour associated with HMOs than other residential properties. Similar concerns were raised in some of the representations received on the application and on the appeal.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision In this case there is sufficient space to store domestic refuse and recycling bins and I have no reason to believe that occupiers of this particular development would generate more noise or be more anti-social than other residential occupants. 17. The concerns that have been expressed relate more to concentration of HMO uses eroding the community values of the area by introducing a more transient population of mostly single individuals into what is a predominantly family orientated neighbourhood. While the conversion of some properties to HMOs may result in a more diverse local population, such uses are responding to the need for HMO accommodation in the city. The policy introduced by the Council to limit the concentration of HMO uses in one place is intended to strike an appropriate balance between these competing needs. Having found above that the proposed use would not conflict with Policy PCS20 of the Portsmouth Plan 2012, I conclude that the proposed use would not harm the living conditions of https://www.gov.uk/planning-inspectorate 3

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/22/3297351 neighbouring occupants. For the same reasons it would not conflict with Policy PCS23 of the Portsmouth Plan 2012, which requires a good standard of living environment for neighbouring and local occupiers. Parking 18. No dedicated parking space is provided at the property, and therefore use as an HMO may result in additional pressure on existing on-street parking capacity. However, Policy PCS20 seeks to control an undue concentration of such HMO uses in any one area, such that any additional pressure for on-street parking would be limited. Additional demand for on-street parking would not therefore be so pressing as to amount to a reason for resisting the proposed change of use. Solent Special Protection Areas 19. A number of areas of international ecological importance in and around the Solent are experiencing eutrophication from increased nitrates in waste water, which includes waste water generated by some properties in Portsmouth. 20.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision However, in so far as the proposed change of use is concerned, there is no material difference in the number of people who could occupy the property within the existing1 and proposed use classes2, this being limited to 6 residents living together as a household or as a house in multiple occupation. The existing use as a dwellinghouse could be more than 6 residents if they were to be regarded as forming a single household, so theoretically the proposal could result in a marginal reduction in the number of occupants, although in practice that would be unlikely. 21. Having regard to the similarities in potential occupation between the existing and proposed uses, I agree with the Council that the proposed use is unlikely to generate more waste water than the existing use on average, and therefore the proposal would not be likely to have a significant effect on nutrient discharges to the Solent special protection areas. This conclusion is further supported by the Portsmouth City Council Updated Interim Nutrient Mitigation Strategy for New Dwellings, June 2022, which is consistent with Natural England advice.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision There is therefore no requirement for me to undertake an appropriate assessment under the terms of the Conservation of Habitats and Species Regulations 2017 (as amended). Conditions 22. In addition to the standard time limit condition, I have included a condition requiring bicycle storage to be provided in the interests of encouraging a mode of transport other than the motor car. I consider these conditions meet the guidance in paragraph 56 of the National Planning Policy Framework. I have amended the wording suggested by the Council in the interests of simplicity and enforceability. 23. There is no need for a condition specifying the approved plans as suggested by the Council, as the development is for a change of use only. No physical works which require planning permission are included as part of the proposal. 1 Use Class C3 dwellinghouses 2 Dual use of Use Class C3 dwellinghouses and Use Class C4 housing in multiple occupation https://www.gov.uk/planning-inspectorate 4

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/22/3297351 Conclusion 24. I consider that the development accords with the development plan when taken as a whole, and there are no material considerations which indicate otherwise. Accordingly, I conclude that the appeal should be allowed and planning permission be granted.

58 Gladys Avenue, PORTSMOUTH, PO2 9BQ — Portsmouth City Council — Guy Davies INSPECTOR https://www.gov.uk/planning-inspectorate 5