Agenda item

Change of use from C3 dwelling to C4 HMO for a temporary period of up to 3 years to enable occupation in compatible environment for the duration of studies.

The Senior Planning Officer gave a detailed presentation on the report relating to the abovementioned planning application, a copy of which had been circulated (for copy see file of minutes).  Members noted that the written report was supplemented by a visual presentation which included photographs of the site.  The application was for change of use from C3 dwelling to C4 House in Multiple Occupation (HMO) for a temporary period of up to 3 years to enable occupation in compatible environment for the duration of studies and was recommended for approval, subject to conditions.

The Senior Planning Officer noted there had been no objections from statutory or internal consultees, and that Spatial Planning Policy had provided information in terms of student density in the area, being 11.6%, greater than the 10% set out within the Interim Policy on Student Accommodation.  It was added that there had been 2 letters in objection to the application, with the main issues set out within the Committee report.

Members noted that while the student density was already greater than 10%, special circumstances were cited in terms of the applicant’s daughter and her needs, specifically relating to a medical condition known as electro-sensitivity (ES), the applicants having not been able to find a suitable property for their daughter in the area.  The Senior Planning Officer reminded Members that the permission for C4 use would be temporary, for 3 or 4 years, while the applicants’ daughter completes her studies after which the property would revert back to C3 use.  It was noted that the medical reasons as stated by the applicant were a material planning consideration.  It was noted that there had been no objection from Environmental Health or the Highways Section and therefore, subject to conditions, Officers recommended that the application for change of use for a temporary period be approved.

The Chairman asked Councillor G Holland, a Local Councillor for the Neville’s Cross Division, to speak in relation to the application.

Councillor G Holland explained that he had called for the application to be considered by Committee because he felt any determination should rest with Members.

Councillor G Holland noted that the conversion of family houses, class C3, to HMOs, class C4, had seriously diminished the housing stock in Durham City and radically changed its social setting.  He added that to reduce this rapid loss of family housing in the City last September the Council issued an Article 4 Direction which withdrew permitted development rights for such a change of use. 

He noted that furthermore, to provide a cap on the number of HMOs in any part of the City a limit of 10% was set for a 100 metre radius around any property.

Councillor G Holland noted that for much of the city centre this was too late for almost all of the affordable family homes had already gone, with the heart of our city being no longer residential.  He added that around the perimeter of the city family homes could still be protected for the future welfare of residents who wished to live and to work here.  It was noted that residents strongly approve of the Article 4 Directive and the imposed 10% cap and therefore to breach it must demand very special circumstances.  Councillor G Holland noted that therefore the question was are the circumstances in this application special? 

Councillor G Holland noted that it was claimed that the applicant, a student reading history at Durham University, suffers from Electromagnetic Hypersensitivity or ES and required accommodation that was free from electromagnetic fields, with this problem not being well understood at present.

Councillor G Holland explained that the pastoral care of students at Durham University was outstanding and in order to help this particular student, who is a talented academic, the university organised special accommodation for her in the Castle when she was admitted last October.  Members noted that, through no fault of her own, the arrangement did not work out as well as had been hoped and she was looking for accommodation in the city for her second and third years, possibly a fourth year if she takes a Masters’ degree.  Councillor G Holland noted that her parents, at great personal sacrifice, had bought this C3 property in North End and were adapting it to be impervious, as far as is possible, to electromagnetic radiation.  Councillor G Holland noted she hoped to live in this house with sympathetic and supportive college friends and also the university was, at examination time, arranging to minimise the electromagnetic radiation in her examination room.

Councillor G Holland reiterated that the application, therefore, was to change a C3 family home to a C4 HMO for the duration of this student’s time at Durham which would be 3 more years at a maximum.  He noted that a key question was whether a building classified as C4 could automatically revert to C3 if the new purchaser decided that he or she wished to retain the C4 category for obvious benefit in this part of the city.  Councillor G Holland noted to that end he recommend that Condition 2 should be strengthened to read:

“This consent is granted for a temporary period and the use hereby approved shall be discontinued and the building shall revert back to a C3 dwelling house use by 31^st July 2019 or 31^st July 2020, whichever is the earlier, or at such time that this building ceases to be used for its presently intended purpose”.

Councillor G Holland noted that the Officer was recommending approval for this change but, after a past experience, this should not go through on delegated powers.  He added that the determination of this application must therefore rest with the Committee because it involves the breach of an Article 4 Direction that is important to, and valued by, the residents of the City.

Councillor G Holland concluded by noting that his own guidance was that Committee should err on the side of compassion and agree with the Officer’s recommendation.

The Chairman asked the Solicitor - Planning and Development, Neil Carter to respond the points raised by the Local Member.

The Solicitor - Planning and Development noted that Condition 2 as set out within the report had a fairly standard wording and noted the Member’s query was should the property cease to be occupied by the intended person it should revert to C3 use.  It was added that the property would not only be for the applicants’ daughter, there would be a number of other students and therefore it would be reasonable that should the applicants’ daughter leave the property, those other students may wish to continue at the property.  Accordingly, the Solicitor - Planning and Development recommended to stick to the wording of the condition as set out within the report.

The Chairman thanked the Solicitor - Planning and Development and asked Members of the Committee for their questions and comments on the application

Councillor A Bell noted that he fully supported the application and thanked the Solicitor - Planning and Development for clarification in terms of the condition.

Councillor A Bell moved that the application be approved; he was seconded by Councillor M Davinson.

RESOLVED

That the application be APPROVED subject to the conditions detailed in the Officer’s report to the Committee.