23 Downs Road, LUTON, LU1 1QP

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision Site visit made on 10 June 2025 by D Ellis MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 24 July 2025. Appeal Ref: APP/B0230/W/25/3361994 23 Downs Road, Luton LU1 1QP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) (the Act) against a refusal to grant planning permission. • The appeal is made by Ms Maryam Khodadadi of M&M (SVP) Ltd against the decision of Luton Borough Council. • The application Ref is 24/00794/FUL. • The development proposed is change of use from a 6 Bedroom dwellinghouse (Class C3) to an 8 person House in Multiple Occupation (HMO) (Sui-generis) and two rear rooflights. Decision 1. The appeal is allowed and planning permission is granted for change of use from a six bedroom dwellinghouse (Class C3) to an eight person House in Multiple Occupation (HMO) (sui-generis) and two rear rooflights. at 23 Downs Road, Luton LU1 1QP in accordance with the terms of the application, Ref 24/00794/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 drawing no 2405 01 Rev A.

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision 3) The HMO hereby approved shall be occupied by no more than 8 persons at any one time. Preliminary Matters 2. An HMO Licence was issued for the appeal property after the Council’s decision on the original planning application and therefore it could not have been taken into account during the application. However, the Licence was submitted as part of the appellant’s appeal submission and the Council has had the opportunity to provide their comments on it. I am therefore satisfied that no party would be prejudiced by my consideration of the Licence. 3. The appellant’s Design and Access Statement states that the property has been used as both a six-bedroom and seven-bedroom HMO whilst the planning application form seeks a change of use from a C3 dwellinghouse. I have proceeded on the basis of the description in the planning application form, as this is what has been applied for. 4. It has been put to me the proposed change of use does not constitute development as defined in section 55 of the Act, and I have had regard to the caselaw examples provided. However, this is not a matter for me to determine in https://www.gov.uk/planning-inspectorate

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/25/3361994 the context of an appeal made under section 78 of the Act. Moreover, the original application sought full planning permission for the change of use. I have therefore proceeded on this basis and have decided the appeal on its merits. Main Issues 5. The main issues are: • whether the proposal would provide adequate living conditions for future occupiers; and • the effect of the proposal on the supply of family housing. Reasons Living conditions 6. For the creation of an HMO, Policy LLP17 of the Luton Local Plan 2011-2031 (2017) (LP) requires, amongst other things, for the accommodation units to conform with adopted licencing and amenity standards. The Council’s ‘Houses in Multiple Occupation Standards Private Sector Housing Enforcement’ document states that a kitchen and a living room for use by 6-10 occupiers should have a minimum floor area of 11 and 12.5 square metres respectively. The proposed floor plans show that there would be an open-plan kitchen and living room with floor areas of 10.6 and 12.6 square metres respectively. Although the kitchen alone would not meet the minimum floor space, the shortfall of the combined kitchen and living room area would be small. 7.

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision The HMO Licence indicates that the floor area of the kitchen and living room is acceptable for a six person HMO despite the small shortfall against the minimum floor area. The floor area standards would be the same for a six or eight person HMO. I am therefore satisfied that the proposal would provide appropriate amenity standards for the future occupiers. 8. The proposal would therefore accord with LP Policy LLP17. 9. The Council cites a conflict with LP Policy LLP25, which states that new housing should be “in accordance with external amenity space standards […] and minimise noise, overlooking and overshadowing/loss of light, address tall buildings and the protection of important views and ensure access to storage and privacy.” However, the Council has not raised any objections to these specific matters and, based on the evidence before me, I find no reason to disagree. Consequently, the proposal would not conflict with LP Policy LLP25. 10. The Council also cites conflicts with LP Policies LLP15, LLP31 and LLP32, which relate to housing provision, sustainable transport and car parking respectively.

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision None of these polices refer to the living environment of future occupants of an HMO so they are not directly relevant to this main issue. Family housing 11. LP Policy LLP15 seeks to ensure that residential development reflects the identified housing needs of the area. The Luton Strategic Housing Land Availability Assessment (2019) (SHLAA) and the Central Bedfordshire & Luton Strategic Housing Market Assessment (2018) (SHMA) indicate that there is an identified https://www.gov.uk/planning-inspectorate 2

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision None of these polices refer to the living environment of future occupants of an HMO so they are not directly relevant to this main issue. Family housing 11. LP Policy LLP15 seeks to ensure that residential development reflects the identified housing needs of the area. The Luton Strategic Housing Land Availability Assessment (2019) (SHLAA) and the Central Bedfordshire & Luton Strategic Housing Market Assessment (2018) (SHMA) indicate that there is an identified https://www.gov.uk/planning-inspectorate 2

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/25/3361994 need for large family housing. I have also had regard to the previous appeal decisions at 30 Hillsborough Road1 and 186 Dunstable Road2. 12. However, both the SHLAA and SHMA were published several years ago. Therefore, I cannot be sure to what extent these documents accurately represent the current housing needs of the area, or whether housing developments since then have altered the housing needs. 13. Furthermore, LP Policy LLP17 supports the sub-division of an existing building to create an HMO, as long as the proposal would not adversely affect the character of the area including Conservation Areas, that the accommodation units would conform with adopted licencing and amenity standards and to design requirements as set out in LP Policy LLP25, and that appropriate outdoor amenity space, bin storage and parking provision are provided. 14. The appeal site is within the Rothesay Conservation Area (CA). There is a mix of historic and modern buildings and open spaces in the CA that contribute to its significance as a heritage asset.

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision The appeal property is a late Victorian property, and its historic nature and architectural details contribute positively to the significance, character and appearance of the CA and the assets significance. The proposal would include an additional two rooflights at the appeal property, however rooflights are common features in the street scene. No other external alterations are proposed. For these reasons, the proposal would preserve the CA’s character and appearance and there would be no harm to its significance as a heritage asset. 15. Given the limited external alterations, the proposal would also satisfy the design requirements of LP Policy LLP25. As discussed earlier, the proposed HMO would provide acceptable living conditions for future occupiers. The property has a large rear garden and a triple garage, and the block plan shows that there would be cycle and bin storage provided to the rear and side of the property. As such the proposed would provide appropriate outdoor amenity space, bin storage and parking provision. 16. The proposal would therefore accord with the criteria of LP Policy LLP17.

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision On the evidence before me, HMOs and private rented accommodation are important in meeting aspects of the area’s housing needs. 17. Change of use from a C3 dwellinghouse to a C4 HMO for up to six persons could be achieved though permitted development under Schedule 2, Part 3, Class L of the Town and Country Planning (General Permitted Development) (England) Order 2015 (amended). As an HMO licence has been issued for a six-person HMO at the property, I find there is a strong likelihood this fallback position would be implemented if I were to dismiss the appeal. This would also result in the loss of a family-sized dwelling. 18. Moreover, whilst I acknowledge that planning permission would be required to change the use of an 8 person HMO back to C3 housing and it would not in the case of a C4 HMO, there is little to suggest that the Council would resist such a proposal. 1 Appeal ref. APP/B0230/W/23/3327344 2 Appeal ref. APP/B0230/W/24/3339848 https://www.gov.uk/planning-inspectorate 3

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/25/3361994 19. Taking all these factors together, I conclude the proposal would have an acceptable effect on the supply of family housing in the area and I find no conflict with LP Policies LLP15 and LLP17, or with LP Policy LLP25 insofar as it is relevant to this main issue. 20. The Council also cites conflicts with LP Policies LLP31 and LLP32. However, neither of these polices refer to the supply of family housing so they are not directly relevant to this main issue. Conditions 21. The standard time limit condition and a condition specifying the approved plans are necessary to provide certainty. A condition restricting the number of occupants of the HMO is necessary to ensure satisfactory living conditions for future occupiers and to protect the living conditions of neighbouring occupiers. Conclusion 22. The proposal accords with the development plan, read as a whole, and material considerations do not indicate that a decision should be made other than in accordance with it. The proposal therefore satisfies LP Policy LLP1. 23. For the reasons given above the appeal should be allowed.

23 Downs Road, LUTON, LU1 1QP — Luton Borough Council — D Ellis INSPECTOR https://www.gov.uk/planning-inspectorate 4