Planning – Application Comments

Consultation Date: Fri 14 Jul 2023

Consultation Date: Fri 14 Jul 2023

Consultation Date: Fri 14 Jul 2023

Consultation Date: Fri 14 Jul 2023

Comment Date: Tue 15 Aug 2023

LHA Full app 9MR.pdf

Comment Date: Fri 04 Aug 2023

LLFA consultation response 23.00995.FUL.pdf

Comment Date: Mon 24 Jul 2023

946255 Consultation Response 2.pdf

Comment Date: Fri 21 Jul 2023

Thank you for the opportunity to comment - the following considerations follow on from the main application Housing Delivery comments

Privacy - it is not clear from the section proposals that sufficient light/amenity and privacy could be available for future residents or where - if any outdoor amenity space would be provided.

Storage use loss for other building residents - did the main application rely on this space for services/storage?

I note that community connections colleagues have raised concerns about future occupant amenity.

Proposed plan makes reference to part M unit - note that all residential property must meet PM level 1. If the applicant proposes to deliver a PM level 2 - and in all other respects the proposal is considered acceptable - a template accessible housing statement can be supplied for submission of additional details to verify.

Finally if the proposal is considered acceptable in all other respects - an additional proportionate (to the main application) Affordable Housing off site payment should be secured via s106.

Comment Date: Tue 18 Jul 2023

23/00995/FUL
Change of use of store to additional flat (Class C3) (part retrospective)
9 Marlborough Road Plymouth PL4 8LP

General design and layout

There are concerns with the fact that there are no windows to the property.
The fact that there are patio doors and not windows impacts the following '
' Security
' Lighting
' Ventilation
Doors are usually locked at night or when a tenant leaves the property. The lack of windows to the property limits being able to ventilate the property by being able to open a window. The bathroom and the kitchen area is at the other end of the property meaning ventilating out condensation could be problematic, this could lead to damp & mould within the property.
With there only being two doors to the property there is potentially a lack of natural light. There is a large wall adjacent to one of the doors which could potentially reduce natural light to the property.


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 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 4 factors as listed in the sections above:

' Room Sizes & Communal Space
' Kitchen Provisions
' Bathroom Provisions
' Communal / recreationsl 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




Solar Charging / EV Charging

Where there are solar panels or car charging facilities then consideration should be given to the potential risk of fire and electrical contact.

It is not recommended that batteries associated with any such system are located within the menas of ecape and that their presence forms part of a recorded fire risk assessment for a property.

Suitable precuations may include storing batteries within a fire resistant enclosure and having fire detection within the enclosure linked to the principle fire alarm system.