Item 19 - 13 & 15 Gravelly Hill North, Erdington
Transcription
Item 19 - 13 & 15 Gravelly Hill North, Erdington
Committee Date: 30/04/2015 Application Number: Accepted: 07/01/2015 Application Type: Target Date: 04/03/2015 Ward: Stockland Green 2014/09400/PA Full Planning 13 & 15 Gravelly Hill North, Erdington, Birmingham, B23 6BT Retention of the change of use from two dwellinghouses (C3) to two houses in multiple occupation (Sui Generis) Applicant: Agent: Mr S. Singh 35 Firth Park Crescent, Halesowen, West Midlands, B62 9PG Bharya & Co 76 Poplar Avenue, Edgbaston, Birmingham, B17 8ES Recommendation Determine 1.1. On the 2nd April your Committee deferred this application, following the receipt of further information in relation to comments made by West Midlands Police, minded to refuse. The reasons for refusal were crime/fear of crime and the impact upon the character of the area due to a concentration of HMO / institutional uses in the area. 1.2. In accordance with this resolution, the following reasons for refusal are provided for Members’ consideration: a) The proposed development would adversely affect the character, amenity and community cohesion of the area due to an increase in crime/fear of crime contrary to paragraphs 3.8, 3.10 and 8.25 of the Birmingham Unitary Development Plan 2005, and to the provisions of the Specific Needs Residential Uses (1992) SPG and the National Planning Policy Framework 2012. b) The change of use to two 8 no. bedroom HMO accommodation would have an adverse impact on the residential character of this area due to the existing concentration of non-family dwelling houses. As such the proposal would be contrary to Paragraphs 3.8, 3.10 and 5.19 A-C of the Birmingham UDP 2005 and to the provisions of the Specific Needs Residential Uses (1992) SPG and the National Planning Policy Framework 2012 PREVIOUS REPORT BACK 1.3. On the 5th March 2015 your Committee deferred this application pending the receipt of further information from West Midlands Police. 1.4. “They confirm that there are currently 1641 houses in multiple occupation within Birmingham, of these there are 75 within the postcode area of this proposed development (Stockland Green). The neighbouring postcode, Erdington, has 62. 1.5. They state that the grounds for the objection to this proposal are that there is an over intensification of HMO’s within the area and the cumulative effect of this will Page 1 of 9 have an increased effect on levels of crime and anti-social behaviour, the fear of crime and calls to service from the police. 1.6. It has become evident to the police that HMO’s have provided accommodation for a transient local population that has undermined community stability and cohesion. Residents tend to stay in the ward for approximately 6 months, leading to a lack of engagement, pride and ownership. 1.7. A recent survey of three HMO’s within the area, conducted in December 2014, revealed the following information: -There were 64 people in residence. -20 of these had no previous arrest record within the West Midlands. -18 had more than 15 arrests. -16 had less than 5 arrests 1.8. This example shows that more than a quarter of the residents were, from a neighbourhood policing point of view, repeat offenders and of high risk. The survey also revealed that of the 64 people, when arrested, 27 had issues relating to drugs, alcohol or mental health. 1.9. The above problem is in addition to large companies operating within the Stockland Green area including Oxhill Housing, Trident Reach, Horizon Housing and Prospect Housing. Plus other Housing Associations. 1.10. Further to this, the local police are in demand to police 8 children’s homes within the ward (including Child Sexual Exploitation issues). 1.11. Problems with street nuisances, drinking and anti-social behaviour – offenders are regularly residents of local HMO’s. 1.12. Stockland Green has been designated as a burglary and robbery hotspot – from April 2013- 2014 there 187 domestic burglaries in Stockland Green Ward. This was 18% of the burglaries (and the highest) reported within the whole of Birmingham North. In the same period there were 59 personal robberies – 22% of the whole of Birmingham North and again the highest. 1.13. Finally, the police added that, whilst their original response to the application did not identify any call outs, there have been 20 calls to service from this address since September 2009. Of these 20, half were related to either arrests by the UK Border Agency, missing persons reports or self-harm/threat of suicide. The remaining 10 over this 5 ½ year period relate to incidents of disorder – residents fighting with a total of 3 assaults over this time period.” 1.14. In response to the above I reiterate that whilst I note that there are other institutional uses within this area, the evidence provided would not provide the basis for a defensible reason for refusal. Crucially, the data relating to the offenses relates to three properties offering accommodation for people with specific needs (YMCA, a property housing vulnerable adults including with mental health issues and a young offender’s property). The application property does not provide tailored accommodation in this manner. 1.15. The retention of this HMO use would not intrinsically present crime or fear of crime concerns that is backed up by sufficient evidence of actual harm arising (i.e. circa 2 Page 2 of 9 police callouts for disorder per year). Therefore I do not consider that the scheme would materially impact upon community cohesion 1.16. I reiterate that, with no physical alterations to the properties a total of 12 bedrooms as C4 HMO uses could be provided at the application site should the applicant use Permitted Development rights. I do not consider there to be a material difference between the proposed scheme of 16 residents and a C4 use with a total of 12 residents in terms of crime or fear of crime grounds that would reasonably sustain a refusal of consent. 1.17. I therefore continue to raise no objection on crime / fear of crime grounds and recommend approval as per the original report below. Original Report 2. Proposal 2.1. This application proposes the retention of the conversion of two dwelling houses to 2 no. eight bedroom houses in multiple of occupation. The properties have been in HMO use since 2008 with a total of 6 and 5 occupants in each property at that time. Since then additional bedrooms have been created to provide for a maximum of 8 people at 15 Gravelly Hill North and 7 at no 13. This application proposes the conversion of an existing ground floor office to bring no 13 up to a total of 8 bedrooms. 2.2. These dwellings consist of three storey properties, one detached, one semidetached. Since the application’s submission, floor plans of greater accuracy have been provided that show that the layouts of the two units are similar in that they show a single bedroom with communal facilities at ground floor, four bedrooms with shared bathrooms at first floor and a further three bedrooms and a shared shower room within the roof space. 2.3. The properties benefit from a shared front car park marked out for nine vehicles with a single vehicular access directly onto Gravelly Hill North. 2.4. No external physical alterations are proposed except that an amended plan shows an additional window to bedroom 7 in no.13 due to concerns about the lack of an outlook from this room. Layout Plan (13) Layout Plan (15) 3. Site & Surroundings 3.1. The application site comprises of two former dwellings with a shared frontage area fenced off from its neighbours. Generally levels rise away from Gravelly Hill North. The properties have undergone renovation works and are currently occupied. Both have a history of commercial/institutional uses including a clinic at no. 13 and with both properties appearing to be a guest house until the early 1990’s. 3.2. Whilst unclear on site, many of the nearby properties appear from their planning history to be subdivided into flats including numbers 17 and 19. Site Location Page 3 of 9 Streetview 4. Planning History No. 13 Gravelly Hill North 4.1. 27.05.2002 – 2002/01673/PA – Approval - Change of use from clinic to one dwelling No. 15 Gravelly Hill North 4.2. 16.05.1996 – 1995/04665/PA – Approval – Retention of use as private dwelling house No’s 13 & 15 Gravelly Hill North 4.3. 21.06.1996 – 1996/01735/PA – Approval – Retention of wrought iron gates and alterations to wall 5. Consultation/PP Responses 5.1. Transportation Development – No objection subject to conditions requiring vehicle parking and circulation details, cycle storage details and a car parking management plan. 5.2. West Midlands Police – Object to this application on the basis of the cumulative effect of HMO’s in this area which will have an increased effect on levels of crime and anti-social behaviour, the fear of crime and calls to service from the police. They add that HMO’s provide accommodation for a more transient population that has undermined community stability and cohesion. Figures for burglaries in 2013/2014 for the Ward are quoted as being the highest for the Birmingham North Area and note that a disproportionate number of residents from HMO’s in this area are, from a West Midlands Police perspective, repeat offenders and of high risk. 5.3. Neighbouring occupiers, Ward Members and Residents’ Associations were consulted with one objection from Councillor Mick Finnegan who has requested that this application is determined by Planning Committee and raises the following concerns: • • • Loss of larger family houses Lack of parking on a red route Antisocial behaviour 6. Policy Context 6.1. Birmingham Unitary Development Plan 2005; the submission draft Birmingham Development Plan 2014; Specific Needs Residential Uses SPG; Places for Living SPG; Car Parking Guidelines SPD and the National Planning Policy Framework 2012. 7. Planning Considerations Policy Context Page 4 of 9 7.1. The NPPF contains a presumption in favour of sustainable development and seeks to secure high quality homes and good design in new developments. 7.2. Policies 3.8 and 3.10 of the adopted UDP 2005 seek to protect and enhance what is good in the City’s environment and advises that proposals, which would have an adverse impact on the environment, will be resisted. 7.3. Policy 5.19A of the adopted UDP 2005 advises that the loss to other uses (through conversion or redevelopment) of housing which is in good condition, or could be restored to good condition at reasonable cost, will normally be resisted. Such loss of residential accommodation will only be permitted if there are good planning justifications or an identified social need for the proposed use. Policy 5.19B advises that some residential areas contain properties which have been converted into “institutional” uses such as hotels, hostels, day nurseries or nursing homes, subdivided into flats, or are in multiple occupation. Although these are normally appropriate in residential areas, concentrations of such uses can have an adverse effect upon the essential residential character of a particular street or area. 7.4. Policy 8.24 of the adopted UDP 2005 advises that when determining applications for houses in multiple paying occupation the effect of the proposal on the amenities of the surrounding area, and on adjoining premises; the size and character of the property; the floor space standards of the accommodation; and the facilities available for car parking should be assessed. 7.5. Specific Needs Residential Uses SPG recognises that dwellings intended for multiple paying occupations have a role to play in meeting the housing needs of certain groups in society. CHARACTER 7.6. The application site is located within an area of predominantly residential character containing a number of properties converted to apartments; institutions and purpose built flats and is not within an Area of Restraint as identified in the adopted UDP. The previous use of both of these properties for non-residential uses is noted, as is the use since 2008 as HMOs. Whilst there are non-family dwellings within the vicinity the application surroundings the application site currently consists of large properties set back from the road behind a parking area and a residential character prevails (all be it affected by the busy highway environment of Gravelly Hill North). I do not consider that the proposals would materially change the character of the area, however in order to safeguard this character, I recommend a condition requiring details of refuse storage facilities as large storage areas to the front of properties could result in an institutional appearance. 7.7. It should be noted that the properties could have been converted through Permitted Development rights to six-bedroom HMOs (C4 Use Class) without the need to apply for planning consent. The application premises are large properties that have 7/8 bedrooms that could easily be occupied by an extended family of 8 persons or more with a similar impact. 7.8. I therefore consider that the proposal would have a minimal impact upon character, and I note that no external alterations or extensions are proposed. AMENITY Page 5 of 9 7.9. The retention of the proposed 8-bed HMOs would not have an adverse impact on the amenities of adjoining residents given that the properties are large buildings which have significant boundary treatment to the frontage to separate them from their neighbours. The level of comings and goings associated with the proposed use is likely to be consistent with fully occupied family dwellings. 7.10. Considering the amenity of future occupants, bedroom sizes range from 8.3 sq.m to 24.2 sq.m which I consider adequate, with all meeting the minimum guideline size for single occupancy from Places For Living. In terms of rear amenity space, the rear garden provides in excess of 500 sq.m which exceeds the guideline minimum of 30 sq.m per flat set out in Places for Living. Shared communal space is generous with the majority of the ground floor given over to kitchen, lounge and dining facilities. 7.11. I therefore consider that the proposed use would not materially harm the residential amenity of occupiers of dwellings within the vicinity and that the proposal would provide a suitable standard of accommodation. I therefore raise no amenity-based objections. HIGHWAY MATTERS 6.9 Transportation Development raises no objection and I concur with this conclusion. The guidance in Specific Needs Residential Uses SPG advises that car parking provision for HMO applications should be treated on its own merits and there is no specific maximum parking standard for this use set out in the Car Parking Guidelines SPD. The provision of 9 well marked out and surfaced spaces to the frontage, as existing, is adequate given the highly accessible location of the site and given the nature of the proposed use. The access to the car park is an existing arrangement and I raise no highway safety concerns. 6.10 Transportation Development recommends a condition requiring the provision of cycle storage, and a condition is attached. I note the request for the parking area to be laid out and the provision of a Parking Management Plan. I note that the car park is adequately marked out and surfaced and do not consider such a request reasonable in this instance. 6.11 I therefore raise no highway safety or free flow objections to the proposals. CRIME / FEAR OF CRIME 6.12 Both West Midlands Police and Councillor Finnegan have cited the issues of crime and anti-social behavior as reasons for objection. The NPPF encourages the creation of healthy communities where crime and disorder and the fear of crime do not undermine the quality of life or community cohesion. 6.13 The Police have provided data to demonstrate that a disproportionate number of residents from HMOs have a criminal record and the levels of burglaries within the Stockland Green area. In response I note that there are other institutional uses within this area, however there is no Area of Restraint in place and the use is acceptable in principle. Whilst I note the Police’s comments, the evidence provided would not provide the basis for a defensible reason for refusal. The retention of this HMO use would not intrinsically present crime or fear of crime concerns and I am not aware of any records of police call outs to this address during its operation as a HMO from 2008. The scheme would not materially impact upon community cohesion and it should be noted that a total of 12 bedrooms as C4 HMO uses could be provided Page 6 of 9 should the applicant use Permitted Development rights. In addition, given the property’s size, future family occupation is unlikely. 6.14 I therefore raise no objection on crime / fear of crime grounds. 8. Conclusion 8.1. The proposed use would represent an acceptable use of these properties and would add to the wider housing offer in this part of the city. The HMOs are not cramped and provide spacious and well laid out accommodation. I therefore recommend that their use as 8 bedroom HMOs is approved subject to conditions. 9. Recommendation 9.1. Approval subject to the following conditions: 1 Requires the prior submission of details of refuse storage 2 Requires the prior submission of cycle storage details 3 Requires the provision of an amended window to bedroom 7 at no. 13 4 Requires the scheme to be in accordance with the listed approved plans 5 Limits the approval to 3 years (Full) Case Officer: Nicholas Jackson Page 7 of 9 Photo(s) Figure 1. The Application Properties Page 8 of 9 Location Plan This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No.100021326, 2010 Page 9 of 9