48 Wallington Road, PORTSMOUTH, PO2 0HB

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Site visit made on 13 February 2024 by R J Redford MTCP MRTPI an Inspector appointed by the Secretary of State Decision date: 22nd March 2024 Appeal Ref: APP/Z1775/W/23/3323814 48 Wallington Road, Portsmouth PO2 0HB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Manning against the decision of Portsmouth City Council. • The application Ref is 22/01650/FUL, dated 26 November 2022, was refused by notice dated 24 March 2023. • The development proposed is the change of use from C3 Residential / C4 House in Multiple Occupancy use to Suis Generis (7 persons). Decision 1.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Site visit made on 13 February 2024 by R J Redford MTCP MRTPI an Inspector appointed by the Secretary of State Decision date: 22nd March 2024 Appeal Ref: APP/Z1775/W/23/3323814 48 Wallington Road, Portsmouth PO2 0HB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Manning against the decision of Portsmouth City Council. • The application Ref is 22/01650/FUL, dated 26 November 2022, was refused by notice dated 24 March 2023. • The development proposed is the change of use from C3 Residential / C4 House in Multiple Occupancy use to Suis Generis (7 persons). Decision 1.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision The appeal is allowed and planning permission is granted for the change of use from purposes falling within Classes C3 (dwelling house) or C4 (HMO) to 7 person House in Multiple Occupancy (Sui Generis) at 48 Wallington Road, Portsmouth PO2 0HB in accordance with the terms of the application, Ref 22/01650/FUL, dated 26 November 2022, subject to the following conditions: 1) The development hereby permitted shall be carried out in accordance with the following approved plans: 093 – PL 05 / Rev A: Proposed Floor Plans, and 093 – PL 05: Proposed Elevations. 2) Prior to occupation of the property by 7 persons, cycle storage facilities shall be installed in accordance with details that shall first have been submitted to and approved in writing by the local planning authority, and those facilities shall thereafter be retained for the storage of cycles. Procedural Matters 2. It is noted that the works to convert the existing ground floor lounge into a seventh ensuite bedroom have commenced but are not complete. Nevertheless, the other 6 bedrooms are occupied. 3. Within the decision I have used the description as shown on the appeal form and decision notice as it is more precise. 4.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision The National Planning Policy Framework (the Framework) was updated in December 2023. However, in relation to this case, the sections pertinent to this appeal have not changed to such an extent as to affect the matters raised by the main parties. It has not therefore been necessary to seek their views, however I have referenced the revised version in my decision. https://www.gov.uk/planning-inspectorate

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision The National Planning Policy Framework (the Framework) was updated in December 2023. However, in relation to this case, the sections pertinent to this appeal have not changed to such an extent as to affect the matters raised by the main parties. It has not therefore been necessary to seek their views, however I have referenced the revised version in my decision. https://www.gov.uk/planning-inspectorate

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/23/3323814 Main Issues 5. The main issues are the effect of the proposed development on the living conditions of existing and future occupants regarding internal communal space, the housing mix of the area, and the Solent Special Protection Areas. Reasons Living conditions 6. The appeal property is a 3-storey residential property with 6 bedrooms and is currently used as a House in Multiple Occupation (HMO). The bedrooms are all a minimum of 10m2, 4 are ensuite. The proposed seventh bedroom would of a comparable size as the existing bedrooms and would also be ensuite. To the rear of the ground floor is a communal kitchen and dining area, which has been finished to a high standard and the Council have confirmed would provide 22.99m2 of space. 7. Although not expressly referred to in policy the Council’s HMOs – Ensuring a mixed and balanced communities Supplementary Planning Document (SPD) provides clear space standards for HMOs. On all counts the proposal would exceed these standards including the proposed additional bedroom, and the communal space for 7 instead of 6 occupants. 8.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision The communal kitchen and dining area is also a regular shaped room which provides access to the rear garden where bicycles could be stored. I observed that the furniture layout provided a clear and unobstructed route through the middle of the room thus would allow the moving of bikes without impeding other users of that space. 9. The Council have stated that there is an issue with restricted head height under the stairs. However, I observed that this space within the communal area is used as a utility cupboard and did not form part of the circulation space. 10. Consequently, on the evidence before me and my observations on site, I find the proposal would not have a harmful effect on the living conditions of existing and future occupants. It would comply with Policy PCS23 of the Portsmouth Core Strategy Plan (CS) insofar as it requires new development to provide a good standard of living environment. Housing mix 11. LP Policy PCS20 seeks to support mixed and balanced communities and protect against an over concentration of HMOs in any one area.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Paragraph 2.2 of the SPD states that an imbalance in a community would be where more than 10% of residential properties within a 50m radius of the area surrounding the application property are already in HMO use. The Council has confirmed that in this case the percentage is 1.35%, and there is nothing before me to the contrary. 12. The Council’s concerns relating to anti-social behaviour, rubbish and traffic are noted. However, I do not find an increase of 1 occupant would have such a significant impact on these considerations to make the proposal untenable. I also note that there are other regulatory mechanisms beyond the planning system available to control such issues. https://www.gov.uk/planning-inspectorate 2

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Paragraph 2.2 of the SPD states that an imbalance in a community would be where more than 10% of residential properties within a 50m radius of the area surrounding the application property are already in HMO use. The Council has confirmed that in this case the percentage is 1.35%, and there is nothing before me to the contrary. 12. The Council’s concerns relating to anti-social behaviour, rubbish and traffic are noted. However, I do not find an increase of 1 occupant would have such a significant impact on these considerations to make the proposal untenable. I also note that there are other regulatory mechanisms beyond the planning system available to control such issues. https://www.gov.uk/planning-inspectorate 2

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/23/3323814 13. Taking account of housing mix, the proposal would not therefore cause harm, and would comply with CS Policy PCS20 and the guidance within the SPD. Solent Special Protection Areas 14. The site is within the impact zone of the Solent Special Protection Areas (SPA) which not only need action to be taken concerning nutrient neutrality but also mitigation for any additional recreational pressure that may occur from new residential development. The increase in occupants of the HMO, whilst minimal on its own, would contribute to an increased population in combination with other plans, projects, and developments in the area. It would increase the amount of effluent which would require processing. This is understood to be a contributing factor to the nutrient increase in the SPA and requires neutralisation. The proposal’s contribution to the increase in population could also lead to an increase in visitors and recreational pressure within the SPA. The susceptibility and vulnerability of the qualifying features of the SPA to such uses means it cannot be concluded that the development would not adversely affect the integrity of the protected site in combination with other projects.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision As there is nothing before me to the contrary, I can only conclude the proposal would likely have a significant effect on the SPA. 15. However, nutrient neutrality and recreational pressure on the SPA have been long-standing issues within the Portsmouth area and the Council has specific and defined contribution strategies to deal with mitigation for both issues. A signed agreement under section 111 of the Local Government Act 1972 has been submitted by the appellant. This sets out the contributions that have been paid and the Council have confirmed their receipt. 16. Natural England have endorsed this strategy and considered it sufficient to ensure that any adverse impact on the integrity of the SPA and their relevant features can be appropriately mitigated against. I have no reason to take a different view. 17. Consequently, I am satisfied that the proposed development can sufficiently mitigate against any additional harmful effect it could have on the SPA. It therefore complies with CS Policy PCS13 as far as it seeks to protect green infrastructure including protected habitats. Other Matters 18. There is no restriction as to when an application can be submitted.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision That the appellant submitted the appealed application 11 days after receiving permission for the appeal site to be converted to a 6 person HMO does not, therefore, affect my findings. 19. The Council have drawn my attention to a potential fall-back position relating to what has been considered development in terms of occupancy. However, as I am allowing the appeal, I have not pursued this matter further. Conditions 20. It is appreciated that the original officer report proposed unconditional permission. However, during the appeal process the Council haves suggested several conditions which I have considered against advice in the Framework and Planning Practice Guidance. On review of these conditions, for consistency and clarity, I have amended those I find relevant. https://www.gov.uk/planning-inspectorate 3

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — Appeal Decision Appeal Decision APP/Z1775/W/23/3323814 21. As the development has begun it is not necessary to apply a condition stipulating any development timeframe nor that the works to the rear elevation are undertaken. However, for clarity I have imposed a condition setting out the approved plans. Condition 2 will secure appropriate cycle storage provision for the appeal property, taking account of the increase in occupancy and notwithstanding the details previously agreed between the main parties. 22. The Council has proposed a condition relating to water usage to reduce the impact of wastewater on the SPAs. Notwithstanding that water usage is controlled by Building Regulations, mitigation for the impact on the SPAs has already been secured and therefore the need for this condition is unjustified. Conclusion 23. For the reasons given above the appeal scheme would comply with the development plan when read as a whole and there are no sufficiently weighted material considerations, including the Framework, that would indicate a decision otherwise. The appeal is, therefore, allowed.

48 Wallington Road, PORTSMOUTH, PO2 0HB — Portsmouth City Council — R J Redford INSPECTOR https://www.gov.uk/planning-inspectorate 4