Planning – Application Comments

Consultation Date: Wed 22 Sep 2021

Consultation Date: Wed 22 Sep 2021

Consultation Date: Wed 22 Sep 2021

Comment Date: Tue 12 Oct 2021

LLFA consultation response 21.01724.MOR.pdf

Comment Date: Fri 01 Oct 2021

Comments: 21/01724/MOR
Site: 181 North Road West Plymouth PL1 5DE (Sydney Guest House)
Development: Pre-application for change of use from Class C1 to HMO (Sui Generis) and first floor conversion to self-contained flat

General design and layout
Whilst the planning description advises of a proposal to form a HMO and first floor conversion to self-contained flat, it is observed that the self-contained flat is actually proposed on ground floor rather than first floor. The proposed changes do not provide communal kitchen facilities for bedrooms 1-9. Furthermore the lounge facilities appear to be of an insufficient size. In its current proposal it is unlikely to be considered suitable as a HMO and some further consideration needs to be given to the layout. Additional comments per room and guidance are enclosed below.

Flat 1 (GF right):
There is a proposed creation of an en suit bathroom. The area looks quite small so it is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

It would be ideal if the door separating the kitchen and lounge was an FD30 fire door. When closed this would help protect the primary means of escape for the occupant from the risk room. The flat door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Bedroom 1 (GF front left):
There is an en suit bathroom indicated. The area looks quite small so it is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Bedroom 2 (GF tenement left):
There is an en suit bathroom indicated. The area looks quite small so it is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.


Bedroom 3 (FF tenement left):
The room door should be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Shower Room (FF rear left):
This shower room is adjacent to Room 3, but not exclusive to Room 3 as it is accessed from the hallway. All other units of accommodation have exclusive access to en suite bathing facilities. Having this shower room accessible off of the main hallway does allow it to be used by other residents in the event of a fault with other facilities. However, the room looks small and is unlikely to have sufficient space for drying and changing after bathing, leading to occupants walking through common parts in a semi-naked manner.

Consideration should be given to the intended use of this facility, and if it is intended to be for the use of Room 3, then the owner should explore options to change access so that the facility becomes an en suite accessible only from room 3. All works undertaken must comply with building regulations and be undertaken by suitably qualified/competent persons.

As advised, the area looks quite small so it is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.


Bedroom 4 (FF front left):
There is an en suit bathroom indicated. The area looks quite small so it is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Bedroom 5 (FF front middle):
There is an en suit bathroom indicated. It is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.


Bedroom 6 (FF front right):
There is an en suit bathroom indicated. It is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Lounge (FF rear right):
This room looks small and is an L shaped room with two access/egress points. Much of the area as you enter from the main hallway is lost and cannot be measured as usable space. This area is the only communal lounge provision for use by the occupants of the independent 9 bedrooms (i.e. not including Flat 1 which has its own lounge).

The property is intended to be used as a HMO and will meet licensing criteria when occupied by 5 or more unrelated persons. Plymouth City Council's guidance on standards and levels of management required in licensed HMOs advises;

Shared Lounges
Shared lounges should be of sufficient size and have sufficient soft furnishings. Generally this will be to allow at least two thirds of occupiers to sit together and socialise. Occupiers should be able to use this room to relax without interference from other activities. In rooms where more than one of the activities of lounging, dining and cooking are carried out the areas allocated to these activities should be arranged to avoid risk of accident and injury.
https://www.plymouth.gov.uk/sites/default/files/HMOStandards2020.pdf

Consideration needs to be given to the suitability of this Lounge to provide communal recreation space for bedrooms 1-7, and what alterations may improve this provision. It is assumed that there is a suitable form of fixed heating in the room.

The lounge doors should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Bedroom 7 (FF tenement right):
There is an en suit bathroom indicated. It is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

In its current guise the room door should be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance. However, the bedroom is an inner room and any occupant is required to travel through a communal lounge (i.e. secondary risk room) as part of their primary means of escape. Consideration should be given alternative layout proposals on this floor.

Laundry Room (SF rear left):
The room door should be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Bedroom 8 (SF left):
There is an en suit shower room indicated. It is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.

Bedroom 9 (SF right):
There is an en suit shower room indicated. It is assumed that the room will provide a shower, WC and wash hand basin. All closets containing a WC should contain a wash hand basin. The room will also need to be appropriately ventilated, and have suitably IP rated lighting fitted. Consideration also need to be given in respect of providing a fixed form of heating.

The room door should also be a fire door to be in line with LACORS Guidance for this property type. Suitable detection and protection should also be present in accordance with the LACORS Guidance.


The following are general comments for advice/consideration:

Room sizes
Room sizes are an extremely important factor to take into consideration for property. The size of available space an occupant has can have a significant impact on their health and wellbeing. Small room sizes can contribute to concerns of overcrowding and the hazard of crowding and space. Where this hazard is identified, the Local Authority has powers to take enforcement action to remove, or reduce, the hazard to an acceptable level.

We recommend that you follow the Technical Housing Standards ' Nationally described space standards. You can find these online.

Room sizes for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards

Room size requirements can change over time and may vary by Local Authority.
Generally a bedroom should not be occupied by more than one household, and it is also not normally acceptable for a bedroom to be occupied by more than two people in one household.

Within a dwelling there should be sufficient space for the separation of different household activities, either by physical separation or by a clearly defined space within a larger space. The degree of separation is partly dependent on the number of people who can be expected to share the space, and whether or not they are expected to be part of the same household.

Open-plan arrangements may be acceptable for dwellings for a single person or for a couple, but not for dwellings intended for larger households.

For larger households, physical separation of living, cooking, dining and even sleeping areas is more necessary. For such household, bedrooms should lead off a circulation space, and should be large enough to be useable for sleeping and for study or relaxing away from the other members of the household.

There should be sufficient provision for sleeping having regard to the numbers likely to be accommodated in the dwelling. As a guide, and depending on the sex of household members and their relationship, and the size of rooms, a dwelling containing one bedroom is suitable for up to two persons, irrespective of age. A dwelling containing two bedrooms is suitable for up to four persons. One containing three bedrooms is suitable for up to six persons, and one containing four bedrooms is suitable for up to seven persons.

As well as sufficient sleeping space, there should be a living area of sufficient size for the household. Indoor and outdoor play and recreation space is necessary in accommodation housing children. Outdoor play space should be readily visible from within the dwelling and safely separated from public and neighbouring areas.

When measuring room sizes the following areas are not taken into account:
Areas taken up by en suite facilities
Areas where the ceiling height is less than 1.5m
Space taken up by opening of entrance doors or which are otherwise not 'usable' space e.g. corridors.


Level of amenities - Kitchens
The kitchen(s) should have suitable provision of kitchen cupboards and workspace to provide storage and space for preparation of food. Sinks must have a provision of hot and cold water and should be connected to suitable drainage. Consideration should be given to the layout of the kitchen so that worktop is available next to the siting of a cooker to allow safe removal of hot food. The layout should also consider the expected work flow within the kitchen so that activities can be carried out safely with minimal disruption to other activities. Suitable provision of readily cleansable surfaces should be provided to allow easy cleaning for food safety.
The layout of the kitchen facilities provided must permit the safe preparation of food and hot drinks. The size, layout and location of these facilities must be satisfactory and safe for the numbers of occupiers using them. Although no minimum size has been set you should aim to provide around 3m2 for each person using any shared kitchen. The amount of space needed will depend on the layout of the facilities, shape of the room etc. and whether or not there are associated dining facilities.
Flooring - Floor covering should be water resistant, readily cleansable and suitably sealed to adjoining surfaces. When choosing floor coverings consideration should also be given to the possibility of slips and falls.
Ventilation - Adequate ventilation must be provided including artificial ventilation where necessary.

Lighting - There must be adequate artificial lighting to safely use, and cleanse, the kitchen and its fittings. Light switches must to be suitably located.

Kitchen Facilities '
Kitchen facilities for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards

In general there should be ample provision of electrical sockets, suitable space for / provision of cooking appliances, fridge/freezer appliances, storage cupboards, refrigeration, cleansable worktop, sink with drainage and waste storage.

Level of amenities ' Bathrooms / Shower Rooms / WCs
Bathroom facilities for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards

All baths, showers and WCs need to be located in a proper room of adequate size and layout. Suitable provision of readily cleansable surfaces should be provided to allow easy cleaning of surfaces.
In bath/shower rooms there needs to be sufficient room for washing/bathing, drying, dressing and the placing of dry clothing having regard to the location of the bath/shower.
The room needs to be suitably located for occupiers using them.
Suitable steps should be taken to protect the privacy of those using the bathroom/WC. Typically these will include provision of a privacy lock and obfuscation of any glazing provided.
There must be an adequate supply of cold and constant hot water. The hot water supply needs to be of sufficient capacity, temperature and flow for any wash hand basin, bath or shower and be available at all times. In the case of showers the water temperature should be thermostatically controlled. In the case of wash hand basins the cold water supply should be potable (drinking water quality). All fittings must be permanently plumbed into the hot/cold water system and properly connected to mains drainage.
Ventilation - All bathrooms and WC compartments need to be adequately ventilated. An effective means of natural/artificial ventilation must be provided in accordance with the building regulations.
Heating - Note that all bath/shower rooms must be provided with adequate heating.
Flooring - Floor covering should be water resistant, readily cleansable and suitably sealed to adjoining surfaces. When choosing floor coverings consideration should also be given to the possibility of slips and falls.
Baths: a suitable splashback should be provided to protect each wall adjacent to the bath. Typically this will be to a minimum height of 300 mm.
Showers: a suitable waterproof covering should be provided to the walls to protect each wall adjacent to the shower area. Typically this will be to a minimum height of 2100mm above the base of the shower. A shower curtain or screen should also be provided.
Wash hand basins: a suitable splashback should be provided to protect each wall adjacent to the basin. Typically this will be to a minimum height of 300 mm.

All facilities should be suitably connected to drains. Care should be taken so that when other facilities are used within the building it does not impact upon others, e.g. low water pressure.

Where a bathroom is sited next to an adjoining kitchen, (i.e. the kitchen separates the bathroom from the primary escape route) consideration should be given to ensuring that a 30 minute fire-resisting door with seals (FD30s door) separates the two rooms and that further consideration is given to ensure that the window in the bathroom is a suitable means of escape in the event of a fire, to reduce the potential risk of a resident becoming trapped in this area.


Potential occupancy level
The maximum occupancy level suitable for the property should be derived from the following 3 factors as listed in the sections above:

' Bedroom Sizes
' Kitchen Provisions
' Bathroom Provisions

You should determine the suitable occupancy level of each factor on its own merit to determine the suitable occupancy level for that provision. After considering all three provision factors, the lowest figure of suitable occupancy should be considered the maximum suitable occupancy as a whole.

Once you have identified the maximum suitable occupancy level, you should then consider the type of occupation intended (i.e. single family dwelling or house in multiple occupation 'HMO'). The requirement for separate space in a HMO is greater than that of a single family dwelling and this should be factored into your considerations.

Waste Storage
Refuse storage facilities must be provided sufficient for the needs of the number of people occupying the house and of a type acceptable to the Local Authority (and in accordance with its recycling arrangements).

Consideration should be given to how waste has to be transported, (distance / steps etc.), to its place for collection especially if this is over land / property which is not under the control of the occupant.


Housing Health and Safety Rating System (HHSRS)
The Housing Act 2004 introduced the above system which describes 29 hazards that can be found in residential dwellings. Although some of the hazards are specifically referred to here, it is not possible for us to consider all the risks by looking at plans. The applicant should give consideration to whether any of them are likely to be a problem on completion of the work. Further information can be found at: http://www.plymouth.gov.uk/homepage/housing/privatehousing/landlords/accommodationstandards.htm


HHSRS Excess Cold ' need for Space heating
Adequate space heating must be provided to all units of accommodation, including common areas (i.e. shared kitchens, lounges, bathrooms, halls and stairs). This needs to be sufficient to maintain the temperature of the main room (or individual rooms) at 19OC when the external temperature is -1oC. The outputs of the system need to reflect the thermal characteristics of the accommodation which include heat loss, draughts and the volume of the room. A properly designed gas central heating system, throughout the property, which is controllable by individual occupiers (TRV radiator control) and available on demand (thermostatic control), together with adequate insulation would meet this requirement. Other systems may be acceptable if they have similar running costs. On peak electric heating is generally more expensive to run and not suitable unless the property is well insulated.


HHSRS Fire ' need for adequate fire precautions
Appropriate fire precautions must be provided in the property. In some circumstances Building Control may take the lead and specify what is required. Where this is not the case the Community Connections Housing Improvement Team will use HHSRS to assess the risk and specify what is needed. In doing this the document 'Housing ' Fire Safety' published by LACORS (July 2008) is used. Further guidance including the relevant document is available on our website: https://www.plymouth.gov.uk and go to Housing > Private Rented Accommodation > Private rented accommodation safety

Further information on commercial fire safety and separation can be obtained from Devon & Somerset Fire & Rescue Service.




HHSRS Overcrowding ' need for adequate space
There needs to be adequate space for living and the associated tasks. Occupancy above the advised limit is likely to cause an issue of overcrowding.

HHSRS ' Food safety ' need for adequate provision of storage and preparation areas for cooking of food.
There is limited space allocated for kitchen use and no provision of facilities to enable the safe preparation of food.

HHSRS ' Electrical ' need for safe provision of protection from shocks and burns
Any electrical system should be protected by an RCD and be provided in accordance with the relevant British Standards.

HHSRS ' Falls between levels.
Window restrictors should be provided to windows above ground floor level. These should prevent a child under the age of 5 from opening the window more than 100mm. Glazing within 800mm of the floor level should be safety glass or guarded by a safety rail. Suitable guarding should be provided externally to protect falls from balconies and landings, accessible roofs, into basement wells and over garden retaining walls.

HHSRS ' Falls on steps and stairs
Any new steps/stairs should be constructed in accordance with the building regulations. All steps/stairs should have suitable lighting, (available at all times), and handrails/guarding. Internal stairs should have a suitable fixed covering (e.g. carpet). External steps should have good slip resistance. Ideally the edges of each step should be highlighted (e.g. with white paint) to help reduce the possibility of missteps.

HHSRS ' Falls on the level
Consider any floors, yards or paths within the curtilage of the property. There should be effective drainage of surface water, adequate and suitable lighting, (within the control of the occupier). Artificial lighting should not provide glare and its associated switches / controls should be sited for ease of use.

Utilities
The electricity and gas meters should be appropriately located so that they are readily accessible to the occupiers (e.g. without being placed at high level such that a ladder is needed to access).

Electricity and gas should supply areas within the control of the occupiers and should not include communal areas (e.g. communal stairs to flats). If communal areas exist any utilities to these areas should be supplied from a landlord meter. The electricity and gas for shared facilities and common areas must be provided from quarterly meters which are the responsibility of the landlord/freeholder.





Mandatory HMO Licensing Scheme
Certain properties require a House in Multiple Occupancy Licence. Typically these are properties that have 5 or more occupiers, (including children), in more than one household. Further information about licensing and the specific HMO standards that relate to licensable properties can be found at:
https://www.plymouth.gov.uk and go to Housing > Private Rented Accommodation > Houses in Multiple Occupation (HMO)

Where a property falls under these requirements a licence must be obtained from Housing Improvement, Community Connections, Plymouth City Council.

Failing to licence a property, which is requires to be licensed, can result in a prosecution (unlimited fine) or a civil penalty up to £30,000.


Management Regulations
These place legal duties upon owners, or agents who act for owners, in respect of houses in multiple occupation (HMO's). Please note that HMO's can include bedsits, shared flats and houses, buildings divided into flats / units of accommodation, guest houses etc.'

Failure to comply with the regulations is an offence for which there are a range of penalties.

More information can be found be searching online for Management of Houses in Multiple Occupation Regulations.


Fire Safety Order
The Regulatory Reform (Fire Safety) Order 2005 applies to all properties with the exception of single private dwellings.

The legislation covers the part of the building from the external access door/s to the premises, up to and including the front door of the individual dwelling (flat/bedsit) ' the parts which are in common use by all of the households. It also covers the common alarm systems which may extend into the flat or bedsit. It may cover any commercial use within the building.

Please check out the following link to obtain guidance on your duties; http://www.legislation.gov.uk/uksi/2005/1541/contents/made

Comment Date: Wed 29 Sep 2021

This pre-application enquiry seeks advice on the proposed change of use from a bed and breakfast (class C1) to a 9-bed HMO (sui generis) and 1-bed, self-contained flat. The Highway Authority would not wish to raise any in-principle objections to the proposed development.

The site is located within a relatively sustainable location within close vicinity to the city centre which boasts good public transport links to the rest of the city and a Controlled Parking Zone (CPZ) is in operation on the surrounding streets from 9am-7pm, Monday to Saturday. The property would be excluded from obtaining permits and visitor tickets for use within this CPZ should planning consent be obtained and the development carried out.

There is no off-street parking provision proposed as part of the development, however due to the reasons as set out above, the LHA development can be considered as car free. Additionally, when comparing the likely parking demand for both the existing and proposed uses, the existing use as a bed and breakfast would generate a parking demand of 11x spaces, whilst the new HMO and residential use would only generate a demand of 6x spaces. As such, the new proposed use results in a reduction on the traffic and transport impacts previously established at the site under the C1 use.

Cycle storage to accommodate a minimum of 6x bicycles will be required and the storage should conform to the details within section 8 of the SPD and be secure, accessible and conveniently located.

The proposed development has been considered in accordance with the Councils current Development Plan Policies and having regard for the National Planning Policy Framework.



Abbie Perry

Transport Planning Officer
Officer authorised to sign on behalf of the
Director for Strategic Planning & Infrastructure

Dated 29/09/2021