78 Derby Road, NORTHAMPTON, NN1 4JS

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Site visit made on 10 December 2024 by David Troy BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 18th December 2024 Appeal Ref: APP/W2845/W/24/3350261 78 Derby Road, Northampton NN1 4JS • 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 Volodymyr Olshansky against the decision of West Northamptonshire Council. • The application Ref is 2024/2026/FULL. • The development proposed is single storey rear extension to HMO 5 Bedroom 5 person HMO to form a 6 Bedroom 6 person HMO. Decision 1. The appeal is allowed and planning permission is granted for single storey rear extension to HMO 5 Bedroom 5 person HMO to form a 6 Bedroom 6 person HMO. at 78 Derby Road, Northampton, NN1 4JS in accordance with the terms of the application, Ref 2024/2026/FULL, 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: Site Plans no. 101 Rev. 4, Proposed Floor Plans no. 103 Rev. 4, Elevations Plan no.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision 201 Rev. 4. 3) The development hereby permitted shall be occupied by a maximum of 6 persons at any one time. 4) Notwithstanding the details already submitted, prior to occupation of the development hereby permitted, full details of the refuse and cycle storage facilities shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times. 5) The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. Preliminary Matters 2. I have used the Council’s description of the development in reaching my decision as it more fully describes the details of the development than that given on the original planning application form. The appellant’s appeal form also makes reference to the updated description. 3. Since the determination of the application an updated and revised National Planning Policy Framework (the Framework) was published on 12 December https://www.gov.uk/planning-inspectorate

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/24/3350261 2024. The relevant design and amenity policies in the revised Framework are the same as those in the previous Framework and as such I consider there would be no prejudice to any party by considering the development against the relevant policies in the revised Framework. Main Issue 4. The main issue is the effect of the proposed development on the living conditions of the occupiers of the neighbouring properties with particular regard to noise and disturbance. Reasons 5. The appeal property consists of a two storey mid terrace house located in an area with a predominantly residential character of high density Victorian terraced properties close to the Kettering Road local centre. The proposal would entail the change of use from the existing 5 bed 5 Persons House in Multiple Occupation (HMO) to a 6 bed 6 Persons HMO with a single storey rear extension providing an additional single bedroom and en-suite shower room. 6. The adjoining two storey terraced properties at Nos 76 and 80 Derby Road (Nos 76 and 80), which share a party wall with the appeal property, are positioned at the back edge of the footpath, with an entrance door at the front and an enclosed rear garden.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision I observed during my site visit that the area was relatively busy, experiencing noise and disturbance associated with traffic and pedestrian movements and the surrounding uses and activities in the area. 7. The occupants of the properties at Nos 76 and 80 and along this part of Derby Road would be used to certain level of noise and disturbance associated with traffic and pedestrian movements and the surrounding uses and activities in the area as well as the occupants carried out household and leisure activities in their homes and gardens nearby. 8. It is recognised that a multiple occupation use is of an essentially different character to that of a single family use, often being more transient in nature, with more comings and goings, general noise and disturbance and the need for more facilities such as refuse storage. However, there is little substantive evidence before me to demonstrate that these problems would be materially greater when compared with the existing use of the appeal property as an HMO. This is particularly important considering the current use of the property as an HMO allows for up to five persons. 9.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Therefore, whilst I accept that there would some impact from the development, given the overall modest scale, layout and design of the proposed development and the relationship with the neighbouring properties, together with the character of the surrounding area, I consider the proposal would not give rise to a significant adverse impact and unacceptable level of noise and disturbance to the occupants of the neighbouring properties. The Council have not provided any substantive evidence to demonstrate the proposed development would generate a more harmful level of noise or disturbance compared to those already in place in this particular location. 10. Consequently, I conclude that the development would not result in significant harm to the living conditions of the occupiers of the neighbouring properties with particular regard to noise and disturbance. The development would accord with policies H1 and BN9 of the West Northamptonshire Joint Core https://www.gov.uk/planning-inspectorate 2

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/24/3350261 Strategy and Policies H03 and Q2 of the Northampton Local Plan Part 2. These policies seek, amongst other things, that new development provide a range of housing types to cater for different needs, including HMOs and protect a high standard of residential amenity for occupiers, including minimising the adverse impacts of noise. The proposal would also accord with the Framework that developments should seek to create places that promote health and well- being, with a high standard of amenity for the existing and future users (paragraph 135). Other Matters 11. I note there are local objections from a local councillor and Northampton Town Council to the development on the basis of the impact on residential amenity and living conditions of local residents, overconcentration of HMOs in the area, loss of family home, overdevelopment of the site, insufficient facilities for a six-person HMO, refuse, traffic, highway safety and pressure on parking. 12. I have addressed the matters relating to the living conditions of the neighbouring properties in the main issue above.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision The Council acknowledges that the proposal would not exceed the HMO threshold set out in the Council’s HMO Supplementary Planning Document 2019 within the immediate vicinity of the site and there were no obvious physical signs on my site visit as to which properties were existing HMOs, although it is recognised that some properties maybe let out to tenants and not registered. The overall residential environment was attractive with the dwellings in the vicinity of the appeal site along Derby Road and the surrounding streets being generally well maintained. 13. Based on the information provided by the Council and the appellant, it is proposed that a maximum of 6 persons would reside in the property. I am satisfied that no external alterations would be made to the appeal property therefore preserving its appearance in the streetscene. There is little substantive evidence before me to demonstrate that the proposal would have a detrimental impact on the character of the area as a result of increased coming and going, noise, activities and that the pressure on local services such as refuse would be materially greater when compared with use of the appeal property as a five persons HMO.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision I am satisfied that the provision of a refuse store would ensure that littering to the street would be avoided. Therefore, I am not persuaded that the proposed change of use to a 6 persons HMO would result in an over-concentration of HMOs and a significant material detrimental effect on the character and amenity of the area. 14. I acknowledge the properties in both Derby Road and the surrounding streets rely on on-street parking and there is likely to be competition for parking spaces at peak periods. However, there are no parking restrictions outside the appeal site and at the time of my site visit, there were parking spaces available along Derby Road and the nearby streets. 15. In any event, the appeal site is located in a sustainable location within walking distance of the local services and facilities and public transport services. With no off-site parking being provided with the proposal, I consider it is likely to be more attractive for occupation by people who do not use cars than those who do.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Whilst I note the Local Highway Authority comments, in view of the scale of development and the evidence before me, I consider that the extra demand for on-street parking generated by the development would be relatively small https://www.gov.uk/planning-inspectorate 3

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Whilst I note the Local Highway Authority comments, in view of the scale of development and the evidence before me, I consider that the extra demand for on-street parking generated by the development would be relatively small https://www.gov.uk/planning-inspectorate 3

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision Appeal Decision APP/W2845/W/24/3350261 in the context of the overall supply and availability of parking in the area. Therefore, I consider that the effect is likely to be only marginal and following mitigation, certainly not severe, the test set by the Framework (Paragraph 116) for preventing development on highway grounds. 16. The other matters raised did not form part of the Council’s reasons for refusal. I am satisfied that these matters would not result in a level of harm which would justify dismissal of the appeal and can be dealt with by planning conditions where appropriate. In addition, I have considered the appeal entirely on its own merit and, in the light of all the evidence before me, this does not lead me to conclude that these other matters, either individually or cumulatively, would be an over-riding issue warranting dismissal of the appeal. Conditions 17. Having regard to the Framework (Paragraph 57), in addition to the standard time limit condition, I have specified the approved plans as this provides certainty. The condition relating to the maximum occupancy of the property as an HMO is necessary in the interests of amenity and highway safety.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — Appeal Decision A condition relating to the bin and cycle storage facilities is necessary in the interests of amenity and promoting sustainable transport. In order to protect the character and appearance of the area, I have imposed a condition requiring matching external materials on the proposed extension. Conclusion 18. For the reasons given above and having considered all other matters raised, I conclude that the development would be in accordance with the development plan when read as a whole and that the appeal should be allowed.

78 Derby Road, NORTHAMPTON, NN1 4JS — West Northamptonshire — David Troy INSPECTOR https://www.gov.uk/planning-inspectorate 4