Bournemouth Borough Council: Pure Town Planning are pleased to announce that we have been successful in winning another appeal this year for the change of use of a Use Class C3 dwellinghouse to a Use Class C4 six bedroom House in Multiple Occupancy (HMO).
The client came to us following the refusal of a planning application seeking the changing of use of a family dwellinghouse into a C4 HMO. In assessing the planning application, the Council identified that there were seven HMOs in the area, which took the total number of HMOs over the 10% threshold as set out by policy CS24 of the Bournemouth Local Plan: Core Strategy.
Pure Town Planning closely worked with the appellant and established two of the seven HMOs identified by the Council were in fact family dwellinghouses (Use Class C3) not HMOs. With only five HMOs, it meant that as a percentage the number of HMOs was now below the 10% threshold as required by policy CS24.
At the final comments stage, the Council accepted that the two properties were in fact not HMO, but with further research, they considered that were now a further five HMOs within the area bringing the total number of HMOs up to 10 and over the 10% threshold.
Again, working closely with the appellant, it was established that the further five HMOs identified by the Council were, on the evidence available, either family dwellinghouses or unlawful HMOs.
The Inspector assessed this evidence and stated, “…the Council has accepted that it erroneously identified 2 of the original 7, whilst based on the evidence supplied by the appellant, I have reasonable doubts that the other 5 have a lawful HMO use. As a result, I find that less than 10% of the properties in the area can be reliably judged to be in HMO use.”
The client was understandably thrilled with the decision and wrote to Richard stating, “I just wanted to thank you for all your help during this very complex and long appeal process. Its been quite the roller coaster for us as I’m sure you’re aware but I’m grateful for all your help and guidance throughout the last 10 months. We are absolutely delighted with the appeal decision especially when you take into account the odds were not in our favour at the beginning of this process.”
If you have recently had a refusal and are seeking assistance in steering your scheme through the planning appeal process, then why not contact Pure Town Planning on 01202 585524, or at firstname.lastname@example.org, for a free and confidential planning consultation.