Case 3342610

94 Mangold Way, ERITH, DA18 4DF

London Borough of Bexley — appeal allowed

Outcome
Allowed
Decision date
21 November 2024
Authority
London Borough of Bexley
Inspector
Ollerenshaw M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Change of use
Appellant
Igors Smirnovs
LPA reference
24/00380/FUL
ONS LPA code
E09000004
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 June 2024

Summary AI

The appeal is allowed due to the inspector's conclusion that the proposal would not harm the provision of a balanced community, and would comply with local plan policies. The proposal is for a change of use from a dwelling to a Class C4 HMO, with single storey extensions and bicycle storage.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision Site visit made on 30 October 2024 by M Ollerenshaw BSc (Hons) MTPl MRTPI an Inspector appointed by the Secretary of State Decision date: 21 November 2024 Appeal Ref: APP/D5120/W/24/3342610 94 Mangold Way, Erith, Bexley DA18 4DF • 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 Igors Smirnovs against the decision of the Council of the London Borough of Bexley. • The application Ref is 24/00380/FUL. • The development proposed is change of use from dwelling (Class C3) to class C4 HMO (House of Multiple Occupation) for a maximum of 5 people and erection of single storey rear and front infill extensions and provision of bicycle storage. Decision 1.

Page 1 · Chunk 1 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision The appeal is allowed, and planning permission is granted for change of use from dwelling (Class C3) to class C4 HMO (House of Multiple Occupation) for a maximum of 5 people and erection of single storey rear and front infill extensions and provision of bicycle storage at 94 Mangold Way, Erith, Bexley DA18 4DF in accordance with the terms of the application, Ref 24/00380/FUL, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: A-7 Location Plan, Existing / Proposed Block Plans; A-8 Rev 01 Existing / Proposed Floor Plans; A-9 Existing / Proposed Front, Rear Elevations and Sections; and A-10 Existing / Proposed Side Elevations. 3) Details of cycle storage facilities (including means of enclosure) shall be submitted to and approved in writing by the local planning authority prior to the occupation of the development hereby permitted.

Page 1 · Chunk 2 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision The approved facilities shall be provided and completed in accordance with this condition prior to the first occupation of the development and shall thereafter be maintained for the lifetime of the development. 4) Prior to the occupation of the development hereby permitted the proposed development shall achieve the standards contained within the Secured By Design award. Main Issue 2. The main issue is the effect of the proposal on the provision of a balanced community, with particular regard to the number of HMOs in the area and the supply of family housing. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision The approved facilities shall be provided and completed in accordance with this condition prior to the first occupation of the development and shall thereafter be maintained for the lifetime of the development. 4) Prior to the occupation of the development hereby permitted the proposed development shall achieve the standards contained within the Secured By Design award. Main Issue 2. The main issue is the effect of the proposal on the provision of a balanced community, with particular regard to the number of HMOs in the area and the supply of family housing. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision Appeal Decision APP/D5120/W/24/3342610 Reasons 3. The appeal site relates to a three storey mid-terrace property located on Mangold Way, which forms part of a large housing estate consisting of similar townhouses arranged along linear blocks interspersed by roads, pedestrian walkways and areas of public open space. 4. The proposal is for the change of use of the property from a dwelling to a Class C4 HMO for a maximum of 5 persons, together with single storey front and rear extensions and bicycle storage. Although this change of use would ordinarily be permitted development, there is an Article 4 Direction in place here removing permitted development rights so that permission is required. 5. The Council’s evidence indicates that there are fourteen known HMOs within the DA18 postcode area, including two registered HMOs on Mangold Way. However, the Council’s figures do not suggest a particularly high concentration of HMOs given that this postcode covers a large area. Moreover, the presence of two registered HMOs on Mangold Way does not indicate an over proliferation of this type of housing in this location.

Page 2 · Chunk 5 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision Consequently, based on the evidence, I am satisfied that the proposal would not lead to an imbalance in the mix of residential units in the area or erode its character as a result. 6. The property provides four bedrooms together with a reception room and a kitchen. There is a private yard to the western side and a balcony on the opposite side. The property is within a residential area and is accessible to local services and facilities, including schools and public transport. It is therefore clearly suitable for occupation as a family dwelling. 7. Policy DP6 of the Bexley Local Plan (2023) (Local Plan) relates to the loss of existing housing and seeks to resist the net loss of all or part of a dwelling. The proposal would result in the loss of a dwelling. However, having regard to my reasoning that there is not an over concentration of HMOs in this particular area, there does not appear to be an under provision of family dwellings either. Moreover, the proposal would provide affordable accommodation and widen the choice of housing, and the property could potentially revert to use as a C3 dwelling in the future subject to any necessary approvals. 8.

Page 2 · Chunk 6 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision In conclusion, the proposal would not be harmful to the provision of a balanced community, with particular regard to the number of HMOs in the area and the supply of family housing. Therefore, the proposal complies with Local Plan Policies SP1, DP5 and DP6. Amongst other things, these policies seek to prevent the loss of existing housing and require proposals for HMOs to demonstrate that they will not have an adverse impact on the local area. Other Matters 9. The Council’s Housing Standards have inspected the property and confirm that the bedrooms and kitchen comply with the Council’s minimum room sizes for HMOs. That reflects my own observations of the property, where I saw that the rooms were of adequate size and provided with sufficient daylight and outlook. Therefore, the proposal would provide an appropriate quality of accommodation in accordance Local Plan Policy DP5. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — Appeal Decision Appeal Decision APP/D5120/W/24/3342610 Conditions 10. I have had regard to the conditions suggested by the Council. In addition to the standard commencement condition, I have attached a condition specifying the approved plans for clarity and enforceability. A condition is necessary to secure details of cycle storage facilities in order to ensure sufficient provision for future occupiers and to encourage sustainable travel. To meet security standards and reduce crime, I have imposed a condition requiring the HMO to achieve the standards contained within the Secured By Design award. Conclusion 11. For the above reasons, I conclude that the proposal would accord with the development plan and there are no material considerations to the contrary. Therefore, subject to the conditions specified, the appeal is allowed.

Page 3 · Chunk 8 M Ollerenshaw

94 Mangold Way, ERITH, DA18 4DF — London Borough of Bexley — M Ollerenshaw INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Green belt
Against appellant
¶7

The inspector concluded that there is not an over concentration of HMOs in the area, and that the proposal would provide affordable accommodation and widen the choice of housing.

Planning obligations
For appellant
¶10

The inspector noted that the property complies with the Council's minimum room sizes for HMOs, and that the proposal would provide an appropriate quality of accommodation.

Living conditions
For appellant
¶6

The inspector concluded that the property is suitable for occupation as a family dwelling due to its location and accessibility to local services and facilities.

Policies relied on

Reference Weight
Local Plan Policies SP1, DP5 and DP6
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 21 November 2024 under the Open Government Licence.