19 Ferndale Road, BRISTOL, BS7 0RP

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — Appeal Decision Site visit made on 12 June 2024 by A Price BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17th June 2024 Appeal Ref: APP/P0119/W/24/3338115 19 Ferndale Road, Filton, South Gloucestershire BS7 0RP • 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 Cathy Colston of Colston Property Partnership against the decision of South Gloucestershire Council. • The application Ref is P23/02536/F. • The development proposed is the change of use from Class C4 small house of multiple occupancy to a seven-bedroom large house of multiple occupancy (Sui Generis) for up to 10 occupants. Decision 1. The appeal is dismissed. Preliminary Matters 2. It is common ground that the appeal property is currently in use as a small House in Multiple Occupation (HMO) (Use Class C4). Legislation sets out that an HMO under Use Class C4 is occupied by not more than 6 residents. 3. I have used the Council’s description of development in the banner heading above, as this more accurately describes the proposed development. 4. The appellant has submitted amended information in support of the appeal.

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — Appeal Decision This would change the proposed occupancy from 10 occupants to 7. This information did not form part of the original planning application, and an appeal should not be used to evolve a scheme. I am therefore assessing the scheme based on the information that was available to the Council at the time that it made its decision. Main Issue 5. The main issue is the effect of the proposed development on the living conditions of the occupants of 17 Ferndale Road, with regard to noise and disturbance. Reasons 6. The appeal site comprises a two-storey semi-detached property, set back from the road behind a small front garden area. The proposed development would increase the number of bedrooms at the property from 6 to 7 and the maximum number of people occupying the property from 6 to 10. I accept that this could vary over time and may not always be at the maximum level. Nevertheless, I must consider this eventuality. https://www.gov.uk/planning-inspectorate

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/24/3338115 7. Policy PSP39 of the South Gloucestershire Local Plan Policies, Sites and Places Plan (LP, 2017) sets out that HMOs will be acceptable provided that they would, amongst other things, not prejudice the amenity of neighbours. In a similar vein, LP Policy PSP8 seeks to ensure the protection of living conditions. 8. The Council’s Houses in Multiple Occupation: guidance for new development Supplementary Planning Document (SPD, 2021) provides additional advice and guidance on applications for HMOs when planning permission is required. Section 5.2 of the SPD sets out that where the change of use from a dwelling house (Use Class C3) to an HMO (Sui Generis) is proposed, it should be considered whether any dwelling house would be ‘sandwiched’ between two HMOs. I note that the appeal property is already in use as an HMO (Use Class C4), and the proposal is for its enlargement, not creation. I am also mindful of the appellant’s reference to another appeal decision, at 12 Sixth Avenue, where the Inspector, in that case, determined that the SPD was not relevant to the scheme before them. 9.

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — Appeal Decision Even were I to agree with the appellant’s position that the SPD is not directly relevant to the case before me due to its existing HMO use, this does not remove the need to assess the proposed development against the provisions of LP Policies PSP39 and PSP8. 10. HMOs of any size are likely to lead to a greater number of comings and goings of individuals when compared with a typical dwelling. Whilst I acknowledge that this is already the case at No 19 by reason of its use as a small HMO, the proposed development would potentially result in the increase of 4 occupants, to a maximum of 10. The activity at the appeal site would, in all likelihood, be higher as a result of the proposed development when compared with the existing situation. Individuals would likely leave and return to the property at different times of the day, for a variety of reasons. This is unlikely to be the case in a single household, such as that at No 17. To my mind, this likely increased level of activity would result in harmful disturbance to the occupiers of neighbouring properties. 11. My attention is drawn to several previous appeal decisions, including at 42 Wades Road, 11 Fifth Avenue, 12 Sixth Avenue and 24 Glebelands Road.

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — Appeal Decision Each of those appeals were allowed. Whilst I accept that there are some similarities between those schemes and that before me, they are not directly comparable. Firstly, all but one of those schemes proposed a maximum of 7 occupants, unlike the scheme before me. Moreover, in some cases, character and appearance of the area was a main issue. This was the case for the larger HMO scheme (9 occupants) at 11 Fifth Avenue1. Ultimately, the existence of those other decisions (and mindful of the argued licensing arrangements, which are not for me to consider) has not led me to an alternative conclusion. 12. Overall, I conclude that the proposed development would have a harmful effect on the living conditions of the occupants of No 17, with regard to noise and disturbance. The proposed development would therefore conflict with the relevant provisions of LP Policies PSP8 and PSP39. These policies, in summary, seek to ensure the protection of living conditions. This is in a similar vein to the objectives of the National Planning Policy Framework insofar as the protection of living conditions is concerned. 1 APP/P0119/W/22/3293909 https://www.gov.uk/planning-inspectorate 2

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/24/3338115 Other Matters 13. I accept that the proposed development meets some other planning policy objectives, including in respect of design, standard of accommodation, sustainable transport and some other matters relating to living conditions, such as privacy and light. However, these matters are not in dispute between the Council and appellant, and I have no reason to disagree. These matters are neutral in my determination of the appeal. The lack of objection from neighbouring properties is also neutral in my determination of the appeal. Conclusion 14. For the reasons given above, taking into account the development plan as a whole and all other relevant material considerations, I conclude that the appeal should be dismissed.

19 Ferndale Road, BRISTOL, BS7 0RP — South Gloucestershire Council — A Price INSPECTOR https://www.gov.uk/planning-inspectorate 3