Agenda item

To consider a report by the Chief Planning Officer which sets out details of an application for the change of use from single dwelling house (C3) to small HMO (C4) at 21 Nickleby Road, Burmantofts, Leeds, LS9 7QX

(Report attached)

The report of the chief Planning Officer requested Members consideration on an application for change of use from a single dwelling house (C3) to a small House in Multiple Occupation (HMO) - (C4) at 21 Nickleby Road, Burmantofts, Leeds, LS9 7QX.

It was noted that the application was presented at Plans Panel at the request of Ward Councillor Asghar Khan who had cited a range of concerns and impacts arising from the proposed HMO use which were summarised under point 6.2 of the submitted report.

Members had attended a visit earlier in the day, plans and photographs were shown throughout the presentation.

Members were advised that planning permission was required as the property falls within the Council’s Article 4 Direction area which controls changes from the C3 planning use to the C4 planning use class.

The Panel was informed that 21 Nickleby Road was a 3 bed, red brick mid-terrace house, situated in the Burmantofts and Richmond Hill ward. The Panel was also informed that the local area was not recognised to have a high concentration of HMO’s and council records indicated that two other HMO’s existed nearby with one at the end of Nickleby Road and the other along Walford Mount.

The Panel was advised that 9 letters of objection had been received and the concerns raised were set out at point 6.3 of the submitted report. The Panel noted that a petition containing 80 signatures from 62 individual households had also been received and the reasons cited for refusal of planning permission were set out at point 6.4 of the submitted report. The Panel also noted that 1 letter support had been received.

Mr Allen attended the Panel on behalf of his mother the resident at 23 Nickleby Road.

At the start of his representation to the Panel Mr Allen expressed his opinion that having heard the officer’s presentation that the Panel had already made its decision and questioned why he was there. The Chair explained that was simply a presentation by an officer and that the decision rested with the Panel Members and that the process was fair and the Panel listened to all the evidence put before them before making a decision.

Mr Allen was invited to start his representation again.

Mr Allen informed the Members that his mother who was retired lived at 23 Nickleby Road next door to 21 Nickleby Road and had done so for 50 years.

Mr Allen presented a list of reasons why the property should not become a HMO including:

·  Proposal would impact on the area;

·  Family area with schools;

·  Fears of neighbours that occupants of HMO would be leaving and returning to the property at all times of the day;

·  A registered foster caring lives at 25 Nickleby Road and has a responsibility to bring up cared for children in a safe environment;

·  Increase in parking in the area;

·  Detrimental effect on area and a HMO would send the area into decline;

·  Effect on house prices in the area.

Mrs Roberts the applicant was also at the meeting and informed that Members that she had purchased the property for her daughter to live in whilst at university in Leeds.

She wanted to allay fears of the neighbours who had heard rumours that it was to be a half-way house for ex-offenders. She said that her daughter and her daughter’s boyfriend along with another friend would be living at the property.

Mrs Roberts said that they only had one car between them which they shared, therefore she was of the view that this would not impact upon the parking in the area

Mrs Roberts went on to explain that she had updated the property including all the safety provision that she required for a small HMO. She said that the work had included updated the electrics which had been shared with number 23 it was now much safer for both properties.

Mrs Roberts informed the Members that she was a responsible landlord accredited by the Landlord Association.

Members thought it a shame that this matter had been brought to Panel as they were not against shared housing.

Members were aware of the issues HMO’s can bring to an area.

RESOLVED – To grant permission subject to the conditions specified in the submitted report.

Under the provisions of Council procedure Rule 16.5 Councillor R Grahame required it to be noted that he voted against the decision to grant the permission, as resolved by the Panel and Councillor B Cleasy and Councillor P Wadsworth abstained from the vote.