Case 3361265

10 Newmarket Road, Ashton u Lyne, OL7 9LL

Tameside Metropolitan Borough Council — appeal allowed

Outcome
Allowed
Decision date
28 July 2025
Authority
Tameside Metropolitan Borough Council
Inspector
Spataru A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Akash Patel
LPA reference
24/01084/FUL
ONS LPA code
E08000008
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 April 2025

Summary AI

The appeal was allowed for the proposed conversion of a 6-bedroom HMO to a 7-bedroom HMO at 10 Newmarket Road, Ashton-under-Lyne, subject to certain conditions.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision Site visit made on 7 July 2025 by Andreea Spataru BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 28th July 2025 Appeal Ref: APP/G4240/W/25/3361265 10 Newmarket Road, Ashton-under-Lyne, Tameside OL7 9LL • 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 Akash Patel (Peach Property Ventures) against the decision of Tameside Metropolitan Borough Council. • The application Ref is 24/01084/FUL. • The development proposed is described as ‘Proposed conversion of Lawfully Permitted 6-bedroom house of Multiple Occupancy (HMO) to a 7-bedroom 7 person Home of Multiple Occupancy (Sui Generis). The proposed works are to convert a lounge (first floor) to a seventh bedroom’. Decision 1. The appeal is allowed, and planning permission is granted for the proposed conversion of Lawfully Permitted 6-bedroom house of Multiple Occupancy (HMO) to a 7-bedroom 7 person Home of Multiple Occupancy (Sui Generis).

Page 1 · Chunk 1 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision The proposed works are to convert a lounge (first floor) to a seventh bedroom at 10 Newmarket Road, Ashton-under-Lyne, Tameside OL7 9LL in accordance with the terms of the application reference 24/01084/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 drawings: location plan (DR) A001 Rev A, proposed plans (DR) A101 Rev A, proposed site plan (DR)A102 Rev A, proposed elevations (DR)A103 Rev A, proposed elevations (DR)A104 Rev A. 3) During construction / conversion no works (including vehicle and plant movements, deliveries, loading and unloading) shall take place outside the hours of 07:30 and 18:00 Mondays to Fridays and 08:00 to 13:00 Saturdays. No work shall take place on Sundays and Bank Holidays. 4) The development hereby permitted shall not be occupied until a covered and secure cycle store that accommodates a minimum of one cycle for each bedroom has been sited at the rear of the property. The cycle store shall be retained thereafter. Main Issue 2.

Page 1 · Chunk 2 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision The main issue is whether the proposal would provide acceptable living conditions for the future occupants with regard to the provision of internal space. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision The main issue is whether the proposal would provide acceptable living conditions for the future occupants with regard to the provision of internal space. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision Appeal Decision APP/G4240/W/25/3361265 Reasons 3. The appeal property is a detached dwelling located in a predominantly residential area. The appellant, through the proposed change of use, is seeking to increase the number of bedrooms from 6 to 7 by converting an existing first-floor lounge into a bedroom, and to increase the occupancy from 6 to 7 people. 4. The Council is concerned that the appeal property could accommodate up to 9 people. However, the application form confirm that the proposal would be for 7 occupants and so any increase beyond this would require planning permission. I have considered the development accordingly. 5. The appellant’s submitted plans indicate the floor area of each room, including a total floor area of approximately 143.33 square metres. The proposed internal shared area of kitchen/dining/living room is shown to have approximately 20 square metres. The ground floor plan outlines, amongst other things, the layout of the kitchen/dining/living room, and it demonstrates how the essential facilities in terms of kitchen furniture, appliances and dining space would be accommodated.

Page 2 · Chunk 5 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision Accordingly, there is no substantive evidence before me that the dwelling would not be capable of adequately accommodating 7 occupants. 6. In conclusion, the proposal would provide acceptable living conditions for the future occupants with regard to the provision of internal space. Therefore, it complies with the aims of Policy JP-P1 of the Places for Everyone Joint Development Plan Document for Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Tameside, Trafford and Wigan 2022 to 2039 adopted 2024 and Policies 1.5 and H10(a) of the Tameside Unitary Development Plan 2004, which collectively require developments to meet the needs of the potential occupiers. The proposal also complies with the aims of the National Planning Policy Framework (the Framework), particularly paragraph 135, which requires developments to provide a high standard of amenity for existing and future users. Conditions 7. In the interest of proper planning and to provide certainty I have imposed the standard time limit condition and specified that the development should be carried out in accordance with the approved plans. 8.

Page 2 · Chunk 6 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision The Council’s Environmental Services has recommended a condition limiting the hours of work to protect the living conditions of the nearby residents. Given the proximity of the appeal site to other residential properties, I consider that such condition is reasonable and necessary. 9. The Local Highways Authority (LHA) has suggested a condition to secure a covered and secure cycle store that would accommodate a minimum of one cycle for each bedroom in order to ensure that safe and practical cycle parking facilities are provided. Whilst the appellant indicates that a bicycle stand has been provided in the rear yard, I have not been provided with full details in this regard. Accordingly, in the absence of off-street parking, and in the interests of promoting sustainable transport, a condition securing the cycle store is necessary. 10. The Council’s Environmental Services stated that further information is required regarding waste management. Given that there are other mechanisms in place to secure HMO standards regarding waste management and having had regard to https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Appeal Decision Appeal Decision APP/G4240/W/25/3361265 the requirements of paragraph 57 of the Framework, which state that planning conditions should be kept to a minimum, a condition regarding this matter is not necessary to make the proposal acceptable in planning terms. Conclusion 11. For the reasons set out above, I conclude that the appeal should be allowed subject to the conditions specified above.

Page 3 · Chunk 8 Andreea Spataru

10 Newmarket Road, Ashton u Lyne, OL7 9LL — Tameside Metropolitan Borough Council — Andreea Spataru 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
For appellant
¶5

The proposed internal shared area of kitchen/dining/living room is 20 square metres, and the essential facilities in terms of kitchen furniture, appliances, and dining space would be accommodated. There is no substantive evidence that the dwelling would not be capable of adequately accommodating 7 occupants.

Policies relied on

Reference Weight
Policy JP-P1 of the Places for Everyone Joint Development Plan Document for Bolton, Bury, Manchester, Oldham, Rochdale,
Determinative
Policies 1.5 and H10(a) of the Tameside Unitary Development Plan 2004
Determinative
National Planning Policy Framework (the Framework), paragraph 135
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 28 July 2025 under the Open Government Licence.