Case 3354984

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX

Spelthorne Borough Council — appeal allowed

Outcome
Allowed
Decision date
4 April 2025
Authority
Spelthorne Borough Council
Inspector
Wood T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Harvinder Chahal
LPA reference
24/01019/FUL
ONS LPA code
E07000213
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 January 2025

Summary AI

The appeal for an 8-person HMO at 22 Sidney Road was allowed, subject to conditions, as the inspector found no conflict with local policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — Appeal Decision Site visit made on 10 March 2025 by Tim Wood BA(Hons) BTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 4th April 2025 Appeal Ref: APP/Z3635/W/24/3354984 22 Sidney Road, Staines-Upon-Thames TW18 4LX • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Harvinder Chahal against the decision of Spelthorne Borough Council. • The application Ref 24/01019/FUL, dated 23 August 2024, was refused by notice dated 17 October 2024. • The development proposed is the change of use from a single family dwelling to an 8 person HMO (house in multiple occupation). Decision 1. The appeal is allowed and planning permission is granted for the change of use from a single family dwelling to an 8 person HMO (house in multiple occupation) at 22 Sidney Road, Staines-Upon-Thames TW18 4LX in accordance with the terms of the application, Ref 24/01019/FUL, dated 23 August 2024, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.

Page 1 · Chunk 1 Appeal Decision

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: M/662/01, 02, 03 04, 05 06, 07 and 08-22 A. 3) The occupation of the House of Multiple Occupation hereby permitted shall be limited to a maximum of 8 residents at any time 4) Prior to the occupation of the premises for the permitted use, details of the refuse and recycling facilities shall be submitted to and approved in writing by the local planning authority. The approved facilities shall be provided prior to the occupation of the development and thereafter retained in the approved form. 5) Prior to the occupation of the premises for the permitted use, details of the cycle storage facilities shall be submitted to and approved in writing by the local planning authority. The approved facilities shall be provided prior to the occupation of the development and thereafter retained in the approved form. Main Issues 2. The main issue in this appeal are the effects of the proposal in relation to neighbours’ living conditions and in relation to car parking. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — Appeal Decision Appeal Decision APP/Z3635/W/24/3354984 Reasons 3. The appeal relates to this substantially sized, detached house which has accommodation over 3 floors. The property has a garage to the side, one to the rear and areas which could accommodate open parking. The road contains a variety of houses, many with off-street parking areas. 4. The existing house has 6 bedrooms, 3 bathrooms and living/reception rooms and kitchen on the ground floor. The proposal would use the 6 bedrooms as exist and provide 2 bedrooms on the ground floor, along with communal space on the ground floor, providing a large open plan kitchen/lounge/diner and a bathroom, for use by its occupants. The occupants will also have access to the garage/outbuilding and the garden area. The Council and the appellant acknowledge that the existing house could be converted to a 6 person HMO without the need for planning permission. 5. The existing property has a good degree of separation from the neighbouring houses, set within this wide plot.

Page 2 · Chunk 3 Appeal Decision

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — Appeal Decision Taking account of the fact that it is currently a substantial family home, clearly capable of accommodating a large family, along with the acceptance that it could be converted to a 6 person HMO, I consider that 8 people residing at the property would be very unlikely to generate noise and activity which is perceptibly greater than these uses, and certainly not at such levels that would unacceptably disturb neighbours. In this respect, I find no conflict with Policy EN11 of the Council’s Core Strategy and Policies Development Plan Document (CS). 6. In relation to car parking, the property is located a short distance from Staines town centre with ready access to rail and bus services. There are also ample facilities for shopping, employment and leisure. I consider that the location of the site would mean that residents would have available to them the means to access transport and other facilities without the need to rely on a private car. Additionally, I accept the point made by the appellant that future residents may be less likely to own a car. 7. I note that there is space on site for 3 cars to be parked and that the County Highways Authority has assessed the proposal as being acceptable in this respect.

Page 2 · Chunk 4 Appeal Decision

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — Appeal Decision Having taken account of these matters, I consider that the proposal would not give rise to conditions on the surrounding streets which would justify the refusal of planning permission. Therefore, there is no conflict with Policy CC3 of the CS. Conditions 8. I have taken account of the advice in the NPPF and the PPG in relation to the use of conditions in planning permissions. The Council has submitted a schedule of conditions which are for my consideration and I have taken these into account. Along with the standard time limit condition, I shall include a condition which identifies the approved drawings for the sake of clarity and certainty. So that the use of the property complies with the terms of the application, I shall impose a condition restricting the number of residents to a maximum of 8. In order that facilities for bins, recycling storage and cycle parking are provided I shall include conditions which require these. 9. In relation to some of the conditions suggested by the appellant, there are no new external alterations and so it is not necessary to require the submission https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — Appeal Decision Appeal Decision APP/Z3635/W/24/3354984 and agreement of materials. The proposal would not give rise specifically to a need for additional windows and so I see no justification for such a restriction. The car parking areas are obvious and I see no need to specifically agree a layout for this aspect of the site. Conclusion 10. For the reasons set out above, the appeal is allowed.

Page 3 · Chunk 6 T Wood

22 Sidney Road, STAINES-UPON-THAMES, TW18 4LX — Spelthorne Borough Council — T Wood 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

Living conditions
Against appellant
¶5

The inspector considered that 8 people residing at the property would be unlikely to generate noise and activity perceptibly greater than a 6-person HMO, and would not unacceptably disturb neighbours.

Parking
For appellant
¶6-7

The inspector considered that the location of the site would provide residents with easy access to transport and other facilities, and that future residents may be less likely to own a car.

Policies relied on

Reference Weight
Policy EN11 of the Council’s Core Strategy and Policies Development Plan Document (CS)
Determinative
Policy CC3 of the CS
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 4 April 2025 under the Open Government Licence.