Planning – Application Comments

Consultation Date: Mon 20 Dec 2021

Consultation Date: Mon 20 Dec 2021

Consultation Date: Mon 20 Dec 2021

Comment Date: Mon 24 Jan 2022

Comments
The Hoe Neighbourhood Forum has reviewed the above application details.

1. 11 bedrooms is an overdevelopment, especially as all rooms are shown as double beds with a potential for 22 occupants. Some bedrooms are so small that there is little or no provision for wardrobe space, these rooms are more akin to temporary hotel accommodation than an HMO.

2. There is a lack of sufficiently sized communal areas for the potential number of occupants, especially given the small sizes of most of the rooms.

3. Bedroom 8 only has a small high-level window which we suggest is not acceptable for continual occupation. As four of the bedrooms are required to share a single communal bathroom, Bedroom 8 would be better suited as an additional communal bathroom.

4. Bedroom 11 also has only roof lights and we have concerns over how the occupant would be able to escape in case of a fire on a lower level, given that the other bedrooms are likely to have locks fitted, barring escape at a middle level, and it being impossible to climb out a roof light onto a sloped roof.

5. The building already has two rear projecting extensions creating a very small courtyard for rubbish provision and cycle storage, and so leaving virtually no outdoor space for the potentially 22 occupants. Outdoor space, as we have seen in the past two years, is essential to mental wellbeing and we should not be encouraging developers to continue to make so little provision for occupants of their HMOs.

6. The Draft Hoe Neighbourhood Plan has analysed the housing needs of the area and shown that the Hoe has an oversupply of private rental accommodation, a category which includes HMOs. The Hoe area also has a significantly higher percentage of people aged 25-44 than other parts of the city. The Plan seeks to address imbalances in tenure and age demographic by supporting the PCC Article 4 direction limiting HMOs, and by supporting the conversion of terraced dwellings to family houses, or larger flats suitable for families. . The conversion of this building to an HMO will compound rather than alleviate tenure and age imbalances on the Hoe and it is therefore not supported, in line with the aims of the emerging Neighbourhood Plan. This building would be better suited as a small number of large flats.

Comment Date: Thu 13 Jan 2022

The Highway Authority would not wish to raise any in-principle objections to the proposed change of use of guesthouse (C1) to a HMO (Sui Generis) at the above-mentioned property.

The parking demand associated with the existing use of the property as a 10-bed guesthouse would have been 11x spaces and the new likely parking demand for the proposed use as an 11-bed HMO would be 6x spaces in accordance with the details within Table 30 and 31 of the SPD. As such the existing use of the property is a more intensified use than that of the one proposed.

There is no off-street parking to serve the existing use and this will remain the case following the proposed development. However, the site is located within a highly sustainable location with the city centre a short distance away which also boasts good public transport links to the rest of the city. Furthermore the property is located within a Controlled Parking Zone (CPZ) which is in full time operation (24 hours, Monday ' Sunday). It should be noted that the property will be excluded from obtaining permits and visitor tickets for use within this CPZ should consent be granted and I would refer the applicant to the accompanying Parking Exclusion letter which confirms this.

The above-mentioned factors allow the development to be considered as car-free and as such the proposals are acceptable in-principle to the LHA.

Secure and covered cycle storage to accommodate 5x bicycles should be provided in accordance with the details within section 8 of the SPD. The storage should be conveniently located and easily accessible. The proposed combined bin and cycle store to the rear of the property as detailed on drawing 2076-PL-ED-1003 ' Existing and Proposed Site Plan is currently unacceptable. The cycle storage would need to be separated from the bin storage and a condition requiring the submission of further details regarding the proposed cycle storage arrangements should be attached to any planning consent.

Recommendations:

Support
No objection
No objection subject to appropriate mitigation (as identified below) X
Object to application

Planning conditions:
FURTHER DETAILS
No development shall take place until further details regarding the required cycle storage have been submitted to and approved in writing by the Local Planning Authority. The standard of the cycle storage provided must be of satisfactory quality and in accordance with sections 8.29-8.37 of the Joint Local Plan SPD.

Reason:
To ensure that these further details are acceptable to the Local Planning Authority and that they are in keeping with the standards of the vicinity in accordance with Policy DEV29 of the Plymouth and South West Devon JLP 2019.

INFORMATIVE: RESIDENT PARKING PERMIT SCHEME
The applicant should be made aware that the property lies within a resident parking permit scheme which is currently over-subscribed. As such the development will be excluded from obtaining permits and purchasing visitor tickets for use within the scheme.


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 13/01/2022

Comment Date: Tue 04 Jan 2022

ED has no objection to this proposal.

Comment Date: Fri 24 Dec 2021

General design and layout
The proposed property will be an eleven bed HMO and as such will require a HMO licence when occupied by more than 4 people.

From the submitted plans we have the following comments in addition to the general comments:
1. The stair is to be fire protected for the full height to give safe means of escape to the final exit i.e. fire door. The fire protection to the separating floors will need to be investigated to ensure a suitable level of fire protection is provided to the building.
2. The kitchen / dining room is to be provided with ventilation via opening lights equal to 1/20th of the whole room, independent of the existing double doors.
3. The kitchen is to have a minimum of 3 sets of cooker, sink with drainer and fridge freezer. With dry food storage for all the tenants and adequate work top space. Care is needed to ensure that the layout is safe to use without obstructing other users.
4. The dining area is to have space for all the tenants to sit and eat at the same time. The arrangement should not obstruct the safe passage into or the use of the kitchen.
5. The bedrooms are to have a minimum useable floor area of 10m2 for a single room and 14m2 for a double occupied room. Care is needed in the loft as the useable floor area is measured where at a floor height of 1.5m off the floor
6. Concerns regarding bedroom 8 due to the high level window and the lack of outlook for the tenant. Also regarding the access to the window controls and the level of ventilation.
7. The suitability of the stairs to the loft room, bedroom 11 and bedroom 5 are to be assessed to ensure that they are safe and useable in a HMO situation.

The following are general comments for advice/consideration:

Room sizes and communal space
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.

There should be provision, of suitably sized and laid out communal spaces. Where these are not present this will have a knock on effect for larger bedrooms.

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

You should also refer to:
' The Metric Handbook - Planning and Design Data ' this provides a wealth of information including recommended minimum room sizes, expected furniture, layout considerations and areas.
' Approved Document M ' the Building Regulations
Room sizes for licensable HMOs can be found on our website here: https://www.plymouth.gov.uk/housing/privaterentedaccommodation/housesmultipleoccupationhmo/housemultipleoccupationstandards
(Subject to provision of sufficient communal space).


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 ensuite 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 4 factors as listed in the sections above:

' Room Sizes & Communal Space
' Kitchen Provisions
' Bathroom Provisions
' Communal / recreational space.

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