Case 3332377

337 Plumstead High Street, Plumstead, London, SE18 1JX

Royal Borough of Greenwich — appeal allowed

Outcome
Allowed
Decision date
15 May 2024
Authority
Royal Borough of Greenwich
Inspector
Wilson D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Alexander Property Consulting Limited
LPA reference
23/0880/F
ONS LPA code
E09000011
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 January 2024

Summary AI

The inspector allowed the appeal for a 6-bedroom HMO in Plumstead, Greenwich, due to adequate kitchen facilities and bedrooms meeting minimum standards. The development is for a 6-person HMO, which is restricted to that number of occupants, and the kitchen facilities exceed the minimum required by HMO Standards.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision Site visit made on 23 April 2024 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 15th May 2024 Appeal Ref: APP/E5330/W/23/3332377 337 Plumstead High Street, Plumstead, Greenwich SE18 1JX • 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 Mrs Janet Ifidon on behalf of Alexander Property Consulting Limited against the decision of the Council of the Royal Borough of Greenwich. • The application Ref is 23/0880/F. • The development proposed is change of use from C3 Residential to a 6 Bedrooms Houses in Multiple Occupation (C4). Decision 1.

Page 1 · Chunk 1 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision Site visit made on 23 April 2024 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 15th May 2024 Appeal Ref: APP/E5330/W/23/3332377 337 Plumstead High Street, Plumstead, Greenwich SE18 1JX • 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 Mrs Janet Ifidon on behalf of Alexander Property Consulting Limited against the decision of the Council of the Royal Borough of Greenwich. • The application Ref is 23/0880/F. • The development proposed is change of use from C3 Residential to a 6 Bedrooms Houses in Multiple Occupation (C4). Decision 1.

Page 1 · Chunk 2 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision The appeal is allowed and planning permission is granted for change of use from C3 Residential to a 6 Bedrooms Houses in Multiple Occupation (C4) at 337 Plumstead High Street, Plumstead, Greenwich SE18 1JX in accordance with the terms of the application, Ref 23/0880/F, and the plans submitted with it reference: Existing & Proposed Drawings & Site Location Plan, Section A-A, Front of the House Photo, Planning Statement, Supporting Information, Refuse & Recycling Statement and HMO Kitchen Facilities, subject to the conditions in the attached schedule. Preliminary Matter 2. At the time of my site visit, I saw that the change of use was substantially complete and I have dealt with the appeal on that basis. Main Issue 3. The main issue is whether the proposed development would provide adequate living conditions for future occupiers with regard to the provision of kitchen facilities. Reasons 4. The development is for a six person HMO which would be use class C4. The Councils HMO Standards1 provides guidance on standards for a number of different matters when considering HMO’s, which amongst other things includes bedroom and kitchen size requirements. 5.

Page 1 · Chunk 3 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision Three of the bedrooms provide over 12m² of floor space, which according to Table 1 of the HMO Standards is the minimum floor space to be considered a double room, capable of double occupancy. For this reason, the Council consider that the HMO is capable of serving nine people which means that 1 Royal Borough of Greenwich Standards for Houses in Multiple Occupation https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision Three of the bedrooms provide over 12m² of floor space, which according to Table 1 of the HMO Standards is the minimum floor space to be considered a double room, capable of double occupancy. For this reason, the Council consider that the HMO is capable of serving nine people which means that 1 Royal Borough of Greenwich Standards for Houses in Multiple Occupation https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 5 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision Appeal Decision APP/E5330/W/23/3332377 according to Table 5 of the HMO Standards that a minimum of 14.5m² of kitchen floorspace would be required. 6. I note the Council’s concerns, however, the development is for a class C4 HMO which is restricted to the occupation of six individuals. While the bedrooms are above the required standards this is not to say that they will be used for the occupation of more than one individual and is not what is being sought by the appellant. Instead, the size of the bedrooms above the required standards can be seen as a benefit for the occupiers of these rooms in providing more space than is considered the minimum for a single occupier. 7. On the basis of the development being for the occupation of six individuals, Table 5 of the HMO standards require a minimum kitchen floorspace of 10.5m² which the kitchen would exceed. The development would also meet the minimum levels for kitchen facilities outlined in Table 6. 8. I therefore conclude that the development would provide adequate living conditions for future occupiers.

Page 2 · Chunk 6 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision I find no conflict with Policy D6 of the London Plan 2021, Policies DH1 and H5 of the Royal Greenwich Local Plan Core Strategy with Detailed Policies Adopted 30 July 2014 and guidance contained within the HMO Standards. Amongst other things, these seek to ensure that development creates well-functioning spaces, achieve a high quality of housing design and provide adequately sized rooms. Other matters 9. I note that the Council has referred to an appeal2 in an attempt to support their decision. I do not have the full details in respect of this appeal so I cannot be sure of the circumstances. In any case, I have determined the appeal on its own merits, based on the evidence before me. 10. However, from the limited information in respect of this appeal I note that the proposal was for a varied occupancy of a HMO between seven and ten occupants. In light of the varied occupancy proposed the Inspector assessed some of the rooms proposed as being capable of occupying more than one person and therefore considered the proposal as being capable of a higher occupancy.

Page 2 · Chunk 7 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision This differs from the appeal before me where a varied occupancy is not being proposed and occupation above six persons would trigger the need for separate planning permission. Conditions 11. I have considered the Council’s suggested conditions in the event I were to allow the appeal. Where necessary, and in the interests of clarity and precision, I have slightly altered them to more closely reflect the advice in the Framework and the Planning Practice Guidance. 12. The standard time limit condition is not necessary as the use has already been implemented. Conditions 1 and 2 require details of cycle parking and refuse and recycling facilities which is to encourage sustainable means of transport and ensure that adequate refuse and recycling facilities are available for occupiers. 2 APP/H2265/W/16/3165882 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — Appeal Decision Appeal Decision APP/E5330/W/23/3332377 13. In the circumstances, I have found it exceptionally necessary to include condition 3 which removes certain permitted development rights in order that the Council can exercise control over these aspects to ensure that the area’s character and appearance is maintained. 14. The Council have proposed a condition restricting occupancy to no more than nine persons. However, the development is for a C4 HMO which is restricted to six persons and as such, any increase in occupation would require planning permission. This condition is therefore not necessary. Conclusion 15. For the reasons given above the appeal should be allowed.

Page 3 · Chunk 9 D Wilson

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — D Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 10 D Wilson

337 Plumstead High Street, Plumstead, London, SE18 1JX — Royal Borough of Greenwich — D Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/E5330/W/23/3332377 Schedule of Conditions 1. Within three calendar months from the date of this decision, full details of a minimum of two (2) secure and dry cycle parking spaces for the development shall be submitted to and approved in writing by the local planning authority. The cycle parking facilities shall in all respects be constructed in accordance with the approved details within three calendar months of the approval of the details and maintained for the lifetime of the development. 2. Within three calendar months from the date of this decision, and notwithstanding those details submitted with the application, five (5) 240L waste bins (2 for general waste, 2 for recycling waste and 1 for food waste) shall be made available for the residents of the HMO use hereby approved and retained thereafter. 3. Notwithstanding the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking, re-enacting or modifying that Order), no extensions or alterations to the building hereby approved shall be carried out without the prior written permission of the local planning authority. https://www.gov.uk/planning-inspectorate 4

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
For appellant
¶7

The inspector concluded that the development would provide adequate living conditions for future occupiers, as the bedrooms and kitchen facilities met minimum standards for a 6-person HMO.

Character and appearance
Neutral

The inspector noted that condition 3, which removes certain permitted development rights, was necessary to maintain the area's character and appearance.

Affordable housing
Neutral

The inspector noted that the development is a 6-person HMO, which is restricted to that number of occupants, and does not trigger the need for separate planning permission for higher occupancy.

Policies relied on

Reference Weight
Policy D6 of the London Plan 2021, Policies DH1 and H5 of the Royal Greenwich Local Plan Core Strategy with Detailed Pol
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 15 May 2024 under the Open Government Licence.