Planning – Application Comments

Consultation Date: Fri 26 Jul 2024

Consultation Date: Fri 26 Jul 2024

Consultation Date: Fri 26 Jul 2024

Consultation Date: Fri 26 Jul 2024

Comment Date: Tue 13 Aug 2024

952021 Consultation Response 2.pdf

Comment Date: Mon 05 Aug 2024

24/00924/FUL|Change of use from student HMO to large HMO (Sui Generis)
97 Mutley Plain Plymouth PL4 6JJ
Comments

General design and layout
Application to change the use of some of the rooms in the property in increase the occupancy from 7people in 7 households to 10 people in 10 households. This will include the removal of a lounge and kitchen on the second floor to change the use to two bedrooms.

There is a proposed change to the layout of the bedroom to the ground floor tenement.

There is a proposed layout change on the lower ground floor. The kitchen and the lounge have swapped, and the layout has been changed.


Potential issues
Bedroom one (Ground floor rear tenement)
Room sizes and overall floor areas are not indicated. As such it is not known if the bedroom, excluding the ensuite, meets the minimum size standard for single occupancy

Bedroom two (First floor rear tenement)
Room sizes and overall floor areas are not indicated. As such it is not known if the bedroom, excluding the ensuite, meets the minimum size standard for single occupancy

Kitchen (Lower ground floor)
facilities are not indicated on the plan. Any kitchen would need to be provided with a suitable level of facilities/amenities.
The Occupancy is proposed to increase but the lower ground floor kitchen according to the plan is to be made smaller and the kitchen on the second floor is to be removed completely.
The kitchen size is not indicated but is likely to be too small for 10 people.

Lounge
The lounge area will need to have sufficient soft furnishings to be occupied by 2 thirds of the tenants as per the HMO standards
Although the change suggests the lounge is bigger on paper, there are no dining facilities indicated. As such it would be expected that the dining facilities would be incorporated into the living area.
This reduces the overall recreational space in the property.


The plans suggest that the overall kitchen/dining/living area will be reduced at the same time as increasing occupancy.
As such I do not believe the proposed plans are suitable for an increased occupancy.





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 means of escape and that their presence forms part of a recorded fire risk assessment for a property.

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

Comment Date: Mon 05 Aug 2024

Plymouth City Council
Strategic Planning & Infrastructure

Transport Planning Team
Ext: 01752 307813
Date: 5th August 2024
Cody Beavan
Development Management
Strategic Planning & Infrastructure
Floor 2
Ballard House

Dear Cody

Highway Authority Consultation Response to a Planning Application


APPLICATION NO: 24/00924/FUL

SITE: 97 MUTLEY PLAIN, PLYMOUTH

DEVELOPMENT: Change of use from student HMO to large HMO (Sui Generis)


Observations:

The LHA have a fundamental objection to this application which seeks a change of use of the existing student-only HMO accommodation to open market use. These concerns are in relation to car parking.

The current SPD provides no standard for car parking provision for student accommodation as students are actively discouraged from bringing cars with them when enrolling on courses. By comparison, the parking standard for purpose-built HMO's for open market use is 1 space per 2 bedrooms. On this basis a total of 5 spaces would be required to serve the HMO. Therefore the 2 off-street car parking spaces proposed as part of this application represents a car parking shortfall of 3 spaces.

It is noted that the layout of the rear car parking area is such that the 2 car parking spaces proposed are aligned in tandem and as such could not be used independently from one another. This would make it very difficult for the spaces to be allocated to different units and on this basis it could be argued that only 1 of the 10 units would have access to off-road car parking provision. I would also add that whilst cycle parking has been shown on the Block Plan submitted, it does not appear to be either secure or covered.

Whilst this property falls within a Controlled Parking Zone, it is only in operation for 2 hours per day (8am to 10am Monday-Saturday). As such, the continued exclusion of the property from obtaining permits for such would not prevent occupiers of the units from parking their vehicles on-street outside of these times, thereby adding to the considerable amount of on-street kerbside car parking which already takes place along the likes of Connaught Avenue, Belgrave Road etc. Therefore, it is essential that the development is able to address it's own car parking demand. However, at present this is not the case.

Although reference has been made to low levels of car ownership in the area (59.1% having no cars or vans), the planning consultant has referred to the figures for the output area which the property sits directly within which includes many of the commercial/retail units which directly front onto Mutley Plain. Many of these units provide retail on the ground floor areas (with relatively low levels of residential) and therefore are not going to provide an accurate picture on car ownership due to the relatively low amount of residential floorspace.

A more accurate picture regarding car ownership would be looking at the output area for the residential area immediately to the rear of the property (Connaught Avenue etc). The data on car ownership for this area provides a figure of 35.3% of not owning a car/van (therefore 64.7% own 1 or more cars/vans). This, I would suggest, provides a much more accurate picture on car ownership which is reflected in the amount of on-street kerbside car parking which takes place within the local area.

In view of the shortfall in off-street car parking provision serving the proposed HMO (when compared to the number of spaces required by applying the standards as set-out in the JLP SPD), the development is likely to lead to an increase in the number of vehicles parking kerbside on the nearby residential streets (Connaught Avenue, Belgrave Road etc) to the detriment of existing residents.

Therefore, in view of the comments made above, I would have to recommend this application for refusal for the reason stated below.

In addition, if you are minded to grant in favour of this application then I would recommend that an Informative be attached to any grant of consent confirming that the development would continue to be excluded from applying for permits for the Controlled Parking Zone that is in operation within the area.

Recommendation:

The Highway Authority recommends that planning permission should be refused for the following reason:-

INADEQUATE PROVISION OF PARKING
Inadequate provision has been proposed to be made for the parking of cars of persons residing at or visiting the development hereby proposed. Vehicles used by such persons would therefore have to park on the public highway adding to the existing on-street kerbside car parking difficulties already experienced within the local area which would interfere with the free flow of traffic on the local road network and give rise to conditions likely to be detrimental to public and highway safety which is contrary to the adopted guidance contained within the Supplementary Planning Document (July 2020) and Policy DEV29 of the Plymouth and South West Devon JLP (March 2019).

IN16 INFORMATIVE: RESIDENT PARKING PERMIT SCHEME
The applicant should be made aware that the property lies within a resident parking permit scheme and therefore in accordance with Council policy the development will continue to be excluded from obtaining permits and purchasing visitor tickets for use within the scheme.


Scott Smy
Transport Development Coordinator

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