186 Dunstable Road, LUTON, LU4 8JJ

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Site visit made on 25 July 2024 by S Lo LLB M.SRA an Inspector appointed by the Secretary of State Decision date: 30 September 2024 Appeal Ref: APP/B0230/W/24/3339848 186 Dunstable Road, Luton LU4 8JJ • 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 Tariq Mahmood against the decision of Luton Borough Council. • The application Ref is 23/01054/COU. • The development is described as the conversion and change of use of rear part of ground floor, first floor and second floor to provide five person House in Multiple Occupation (HMO). Decision 1. The appeal is dismissed. Preliminary Matters 2. The description used in the application form did not include the location of ‘Luton’ in the address. To improve clarity, the banner heading has been updated to add this information. 3. During my site visit, I observed that the appeal site was occupied by a significantly larger number of individuals than would typically be expected for a three-bedroom unit. Furthermore, the adjacent building at 184 Dunstable Road appeared to contain a rear outbuilding which was directly accessible from the rear garden of the appeal site.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision This outbuilding showed signs of habitation, but it is unclear whether it is used as a residential dwelling. It is also uncertain whether the rear garden serves as an amenity space for this outbuilding or as an access point for its potential occupants. Regardless, my attention will be directed toward the matters which have been applied for in the planning application, namely the conversion of part of the appeal site into a five person House of Multiple Occupation (“HMO”). Any other issues regarding enforcement and the residential use of the appeal site and adjacent outbuilding will need to be considered between the Council and the appellant. 4. The appellant has referred to the availability of permitted development rights, which would allow a C3 dwellinghouse to be used as a C4 HMO. However, there is no evidence before me that the appeal site would benefit from this right. As such, I must consider this case on its own merits. https://www.gov.uk/planning-inspectorate

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/24/3339848 Main Issues 5. The main issues are: • whether the proposed development would provide acceptable living conditions for future occupants, with regard to internal layout and external living space; and • whether the appeal site is a suitable location for the proposed development, having regard to the stock of family housing in the borough and the subdivision of the property into an HMO. Reasons Living Conditions 6. The appeal site is a mid-terrace building located within a busy commercial district, adjacent to similar businesses. The area experiences significant foot and vehicle traffic. The site is comprised of a ground-floor Class E commercial unit and a three-bedroom residential unit. The residential unit is situated at the rear of the site and extends over the first and second floors above the commercial space. Behind the building, there is a large, open paved garden area, which also includes play equipment. There is also a second pedestrian access to this garden, which can be used to access waste and recycling bins. 7. Policy LLP17 of the Luton Local Plan 2017 (the “LLP”) relates to the sub-division of an existing building to create an HMO.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision It permits conversions provided that the proposal would not adversely affect the character of the area, complies with adopted licensing and amenity standards1, and includes appropriate outdoor amenity space, bin storage, and parking provision 8. In relation to licensing and amenity standards, the Council has raised concerns regarding the kitchen provision/design and the layout of the proposal, noting that the communal area is located more than one floor away from the third- floor bedroom. However, while Policy LLP25 of the LLP requires adherence to best practice principles regarding urban design, it does not specify standards for kitchens or the distance between bedrooms and communal areas. Therefore, it is unclear which specific standards the Council has applied. Nonetheless, given the limited overall size of the property, given the distance between these locations it is unlikely that future occupiers would experience inadequate living conditions. As such, there is no evidence before me that the proposed development would fail to adhere to best practice principles regarding urban design or any other relevant HMO standards. 9.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Regarding outdoor amenity space, although Policy LLP25, Appendix 6 specifically addresses new housing, it remains relevant in this context because it sets a benchmark for the quality of amenity space that should also apply to the existing dwelling. It states that for new dwellings, a minimum enclosed rear garden area of 90 square meters is required. Smaller enclosures can be acceptable having regard to the character of the area and design of the house, but in any event, shall be no smaller than 45 square meters. 10. While the site location and block plan indicate the presence of this space, relative to the existing built form, the exact dimensions are not provided on 1 Set out in LLP25 of the LLP https://www.gov.uk/planning-inspectorate 2

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/24/3339848 any of the plans. I observed a relatively large garden during my site visit which the appellant has stated is approximately 80 square meters in size. However, this figure has not been independently verified by the parties. Without this confirmation, it remains unclear whether the proposed development would meet the necessary standards for adequate outdoor space, which is particularly critical for a five-person HMO given the potential impact on the quality of living conditions. In any event, it would not reach the requisite standard of 90 square meters, which would be necessary given the higher number of future occupiers. While the proposed development could provide 45 square meters of amenity space, thereby meeting the minimum threshold, this would be unlikely to be appropriate given the large number of proposed occupiers. Nonetheless, without clarity on the availability of external amenity space, there is a significant risk that the proposed development would result in overcrowded, cramped and inadequate living conditions for future occupiers. 11. I have considered the use of planning conditions to provide the appropriate amount of external amenity space.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision However, such a condition would not be sufficiently precise or reasonable in all other respects, given that it is not possible to evaluate whether such space is available within the appeal site. As such, I am not persuaded that such a condition would make the development acceptable in planning terms, given that it may not be physically possible. 12. In conclusion, the proposed development would not provide acceptable living standards for future occupants, with regard to external living space. It would not provide appropriate outdoor amenity space, contrary to Policies LLP17 and LLP25 of the LP. As such, it would fail to accord with local plan policies, contrary to LLP1 of the LP. Thus, it would not align with the aims and objectives of the National Planning Policy Framework (Framework). However, there is no evidence before me that it would result in an unacceptable internal layout. 13. The Council alleges conflict with Policies LLP31 and 32 of the LP. However, these policies relate primarily to sustainable transport strategy and parking. My attention has not been drawn to any wording in these policies that relates to this main issue. They have not therefore been determinative in my decision on this issue.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Housing Stock 14. Policy LLP15 of the LP aims to meet Luton's housing needs by ensuring that the size, type, and tenure of housing reflects local demand. I recognise that the appeal site is not located within an allocated site2 and the Council has indicated that there is a significant need for three-bedroom dwellings within the locality. 15. The appeal site is situated in a busy commercial district with a high concentration of shops and significant levels of passing pedestrian and road traffic. It is within a busy and vibrant area, which is a suitable location for the increased comings and goings which are typically associated with HMO use. 16. Nonetheless, although the appeal site would be located in an area which is suitable for HMO occupancy, the loss of a three-bedroom dwelling would remain significant. An HMO would lead to a different pattern of occupancy, resulting in a household structure more suited to unrelated adults seeking 2 Appendix 4 – LLP15 https://www.gov.uk/planning-inspectorate 3

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/24/3339848 affordable living arrangements. I recognise that this could address a need for affordable housing, especially for adults unable to afford individual dwellings. However, there is no evidence before me which demonstrates that the demand for HMOs outweighs the demand for three-bedroom homes in this specific area. Even if the property could later be converted back to its original use, the immediate loss of the three-bedroom dwelling would still contribute to the existing housing shortfall, for which there is an identified need. 17. Additionally, without confirmation of the external amenity space, it is unclear whether the proposed development would meet the required standards for a five-person HMO. 18. In conclusion, the appeal site is not a suitable location for the proposed development, having regard to the stock of family housing in the borough and the subdivision of the property into an HMO. It would not provide adequate levels of external amenity space, contrary to Policy LLP25 of the LP. It would not meet the housing needs of Luton, contrary to Policy LLP15 of the LP. It would fail to accord with local plan policies, contrary to LLP1 of the LP.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — Appeal Decision Thus, it would not align with the aims and objectives of the Framework. 19. The Council alleges conflict with Policies LLP31 and 32 of the LP. However, these policies relate primarily to sustainable transport strategy and parking. My attention has not been drawn to any wording in these policies that relates to this main issue. They have not therefore been determinative in my decision on this issue. Conclusion 20. The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. Therefore, for the reasons set out above, I conclude that the appeal should be dismissed.

186 Dunstable Road, LUTON, LU4 8JJ — Luton Borough Council — S Lo INSPECTOR https://www.gov.uk/planning-inspectorate 4