39 Park Road, Rugby, Warwickshire, CV21 2QU

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision Site visit made on 8 November 2023 by H Smith BSc (Hons) MSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 04 December 2023 Appeal Ref: APP/E3715/W/23/3323021 39 Park Road, Rugby, Warwickshire, CV21 2QU • 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 Ali Karimi against the decision of Rugby Borough Council. • The application Ref R22/0778, dated 26 July 2022, was refused by notice dated 16 December 2022. • The development proposed is change of use from dwelling house (C3) into a total number of 6 rooms HMO (Sui Generis) and internal alterations. Decision 1. The appeal is allowed and planning permission is granted for change of use from dwelling house (C3) into a total number of 6 rooms HMO (Sui Generis) and internal alterations at 39 Park Road, Rugby, Warwickshire CV21 2QU in accordance with the terms of the application, Ref R22/0778, dated 26 July 2022, subject to the conditions in the attached schedule. Main Issue 2. The main issue is the effect of the proposed development on the living conditions of nearby residents, with regard to on-street parking. Reasons 3.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision The appeal property is a 3-storey end terrace dwelling located towards the northern end of Park Road, near to the junction with Wood Street. The majority of Park Road, including the highway adjacent to the appeal property, is within a parking permit zone. 4. In its existing form, the appeal property currently contains 4 bedrooms. It could therefore be occupied by a family with several adults and teenagers. I also note from the Council’s statement that since the planning application was refused the appeal property has been registered as a 6-person HMO. Such permitted uses could generate considerable activity in the form of comings and goings and the associated on-street parking demand. 5. The proposal would increase the total number of bedroom spaces at the appeal property from 4 to 6 bedrooms. I accept that the occupants would live independently to one another, which is different to a single dwelling house. However, as most of the bedroom spaces would be double occupancy it is likely that they would be occupied by couples that would have the potential for shared car journeys and would not require two cars.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision Furthermore, as the proposal would create only 2 additional bedrooms, it is unlikely to result in a notable difference to on-street parking demand compared to that generated by a large family home or a 6-person HMO. https://www.gov.uk/planning-inspectorate

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision Furthermore, as the proposal would create only 2 additional bedrooms, it is unlikely to result in a notable difference to on-street parking demand compared to that generated by a large family home or a 6-person HMO. https://www.gov.uk/planning-inspectorate

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision Appeal Decision APP/E3715/W/23/3323021 6. The proposal would include parking provision for one vehicle in a garage building located to the rear of the appeal property and accessed via a private driveway off Wood Street. Whilst the garage parking space would not be suitable for a large vehicle, it would be suitable for a small car that could potentially be used by a single person or couple occupying the proposed development. The appeal property would also be eligible for 3 parking permits plus a visitor parking permit, which would be similar to the existing situation. Furthermore, I have no substantive evidence before me to show that there would be no capacity to absorb the limited increase in demand for on-street parking resulting from the proposal. 7. I accept that additional demand for on-street parking could result in residents taking longer to find a parking space or having to park further away from their homes, particularly on evenings and weekends. Whilst I acknowledge that this would be an inconvenience to residents, I do not find that this would amount to an unacceptable impact on their living conditions.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision Although only a snapshot in time, during my site visit I observed numerous spaces were available on the surrounding streets near to the site. Park Road has designated parking bays, and the double yellow lines and other traffic regulation orders would discourage inconsiderate parking. I am also mindful that the Highways Authority did not object to the proposal on highway safety grounds. 8. Moreover, the appeal property is within walking distance of the town centre, bus stops and the train station. Additionally, on-site cycle storage would be provided. Therefore, a range of shops and facilities to meet the day to day needs of future residents are accessible by walking, cycling and public transport. As such, the appeal property is in a sustainable location. Therefore, it is likely that a high proportion of future residents would not need access to a car. Future residents would also be aware of the parking constraint at the appeal site prior to choosing to live there. 9. Consequently, in the absence of substantive evidence to the contrary, the proposal would not exacerbate on-street parking to the extent that neighbouring residential amenity would be materially harmed. 10.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision I acknowledge the Council’s concerns regarding the number of occupants at the appeal property potentially increasing to 11 residents. However, the appellant has indicated in his statement of case that the proposal would accommodate up to 10 people. Therefore, I will impose a condition to limit the total number of residents to 10 in order to control the effect of the proposal on the locality. 11. For the reasons given, I conclude that the proposal would not cause an unacceptable impact on the living conditions of nearby residents, with particular regards to on-street parking. As such, the proposal would accord with Policies D2 and SDC1 of the Rugby Borough Council Local Plan 2011-2031 (2019). Amongst other things, these policies seek to ensure development incorporates adequate and satisfactory parking facilities and safeguards the living conditions of existing and future neighbouring occupiers. Other Matters 12. In addition to the issues already covered above, other matters raised included an increase in anti-social behaviour, effect on property values, and concerns over the type of people who would occupy the property. Whilst I accept that https://www.gov.uk/planning-inspectorate 2

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision Appeal Decision APP/E3715/W/23/3323021 these matters are of great importance to local residents, they are either non- planning matters or are controlled through other separate legislation. 13. Whether the proposal would make appropriate provision for bin storage was not a reason for refusal in the Council’s decision notice. Objectors have nonetheless raised concerns. Therefore, I have imposed a condition to ensure the proposed development provides appropriate provision for bin storage. 14. Local residents have also raised a number of concerns including in relation to a concentration of HMOs within the local area, and possible impact on living conditions of neighbouring occupiers with regard to loss of view and natural light. I have given careful consideration to these matters but based on the information provided they would not constitute reasons to dismiss the appeal. Conditions 15. I have considered the conditions suggested by the Council taking into account the advice within the National Planning Policy Framework (paragraph 56) and the Planning Practice Guidance, and where necessary the wording has been amended for clarity and precision. 16.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — Appeal Decision A commencement condition and a condition requiring the development is carried out in accordance with the approved plans are necessary in the interest of certainty. A condition limiting the number of occupants is necessary as a more intensive use would have different impacts. 17. In the interests of sustainable travel and the living conditions of the occupiers of neighbouring properties, I have imposed a condition relating to the storage of bicycles. I have also imposed a condition in the interests of air quality. 18. Finally, a condition is imposed for bin storage facilities to reduce visual clutter of the street scene. Conclusion 19. For the reasons given, I conclude that the appeal is allowed.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — H Smith INSPECTOR https://www.gov.uk/planning-inspectorate 3

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — H Smith INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/E3715/W/23/3323021 Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development shall be carried out in accordance with the following approved plans: • Location Plan – Drawing No: AMA 734-001, dated: 20 June 2022 • Plans as Existing – Drawing No: AMA 734-002, dated: 20 June 2022 • First Floor and Roof – Drawing No: AMA 734-003, dated: June 2022 • Elevations as Existing – Drawing No: AMA 734-004, dated: June 2022 • Ground and First Floor Plans as Proposed – Drawing No: AMA 734-005, Revisions A, dated April 2022 • Attic and Roof Plans as Proposed – Drawing No: AMA 734-006, dated April 2022 • Sections and Cycle Shed – Drawing No: AMA 734-007, Revision A, dated April 2022 3) The number of persons residing at the property at any one time shall not exceed 10. 4) Prior to the first occupation of the development, the cycle shed shall be implemented in accordance with the approved plans. The cycle shed shall thereafter be retained and kept available for the parking of bicycles at all times.

39 Park Road, Rugby, Warwickshire, CV21 2QU — Rugby Borough Council — H Smith 5) Prior to the first occupation of the development, a scheme detailing the on-site measures to be incorporated within the development in order to meet air quality neutral standards or to provide suitable mitigation, shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to the first occupation of the development and retained thereafter for the lifetime of the development. 6) Prior to the first occupation of the development, details of a covered bin storage area shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first occupation of the development and retained thereafter for the lifetime of the development. **End of Conditions** https://www.gov.uk/planning-inspectorate 4