Minutes:
Councillor Stockdale rejoined the meeting. The City Development Manager's Supplementary Matters List reported one further letter of representation from Mr McGovern who had hoped to make a deputation and was travelling from Dorset but did not attend. His objection on behalf of The Old Brewhouse Residents Ltd (Management company for Harbour Ridge) re-iterating concerns previously raised and reported. This representation stated:-
i) Inadequate Mechanical and Electrical (M& E) provisions for increased occupancy
ii) Insufficient means of disposal of household refuse. (Fly Tipping is already the norm)
iii) Inadequate supply of potable and fresh water supply
iv) Inadequate means of foul water disposal (current system is already the subject of frequent flooding)
v) Requirement of Fire Alarm and Fire protection system in compliance with HMO’s
vi) Upgrade of lift service to meet Disabled Persons needs
vii) No facilities for Parking (existing On Street parking is already oversubscribed)
viii)Any sub-let or part with the possession of part with the possession of a part of or part only of the Property as distinguished from the entirety thereof would be in contravention of the Terms of the Lease.
ix) Refusal of our present insurers and other recognised insurers to offer Buildings insurance for HMOs
Rendering the building uninsurable (The incidence of death related to fire in HMOs is reported as 8 times higher than residential properties.
x) Increased occupancy would naturally cause increased noise affecting the quality of life expected from existing residents. We already have frequent complaints from noise transmissions which are the subject of numerous complaints to the City Council we would not wish to exacerbate this situation.
xi) The corridors of the building are “Blind” and have no natural or mechanical ventilation Odours from Household refuse are a constant complaint, any increase in occupancy would exacerbate this situation.
xii) Noise levels would naturally increase to the discomfort of other residents.
xiii)The overall environmental affect would be un-sustainable.
xiv)The sub division of the existing Lounge would leave insufficient space for communal activities such as eating, relaxing entertaining etc. etc.
xv) The current facilities for drying washing airing linen could not meet the increased demand and would inevitably result in an overflow onto the balconies in contravention of City By-Laws.
The Committee Report refers (under 'Principle of HMO use' pg.30) to uncertainties surrounding the lawful use of three properties (45b, 46c and 57 Queen Street) that have been included within the HMO 'Count' data.
However, it highlights that even if these properties were found to be in lawful use as HMOs the number of HMOs as a percentage would remain below the 10% threshold if permission was granted.
Following further investigations, it has been established that, on the balance of probabilities, the three properties identified are not in lawful use as HMOs and have been included within the HMO 'Count' data in error. Therefore, the number of HMOs within the surrounding area would be 4.94% rising to 6.17% (5/81) if permission was granted, below the 10% threshold set out within the HMO SPD.
The wording relating to the reason for Condition 1 has been corrected to read: 'To comply with Section 91 of the Town and Country Planning Act 1990'.
Members' Questions
It was asked if the existing HMOs within the calculation were in flats. It was reported that the majority of these were in flats. It was asked how the properties were identified as HMOs. In response it was reported that the HMO database was used and there is a second list of properties where students are exempt from Council Tax in which case further investigations are carried out to these properties. The layout and the use of the double bedrooms was queried and it was asked how the occupancy would be monitored. In response it was reported that this would rely on people notifying the city council if it was not occupied in its licensed use. The level of cycle storage was also questioned and the impact on parking. The access to the shared bathroom was also queried and it was reported that there was an error on the drawing as displayed as there was a second separate door to the bathroom which would mean that it could be accessed other than from one of the bedrooms.
Members' Comments
There was some concern that this may set a precedent of HMO use within the block of apartments and there was a loss of family living space. However Members were mindful of the flexibility of the planning regime that allowed the change of use to HMOs.
RESOLVED that conditional permission be granted subject to the conditions outlined in the City Development Manager's report.