Agenda item

Gillingham South Ward

Change of use from a 6 bedroom HMO (Use Class C4) to a 9 bedroom (Sui Generis) HMO, and the construction of a rear garden outbuilding.

Discussion:

The Senior Planner outlined the application in detail for the change of use from a 6 bedroom HMO (Use Class C4) to a 9 bedroom (Sui Generis) HMO, and the construction of a rear garden outbuilding.

The Senior Planner brought Members’ attention to the supplementary agenda advice sheet which illustrated, within a 500-metre radius of the application, the number of residential households (1,867) and the number of houses in multiple occupancy (HMOs) (57) which equated to approximately 3% of the housing stock. 

With the agreement of the Committee, Councillor McDonald addressed the Committee as Ward Councillor and raised the following concerns:

• Gillingham South had the highest percentage of HMOs in Medway and that only included those that the Council knew about.  This property was already in use as a HMO and did not need to be increased to a 9 person HMO.    
• Paget Street already had significant parking pressures, with a high volume of residents parking.  With regards to future residents not being able to apply for parking permits, how would this be enforced.
• Concerns regarding odours and pests due to a lack of waste storage.
• With houses over 100 years old that shared party walls, concerns were raised regarding the risk of damage due to internal alterations. 
• Increased levels of noise and disturbance, further pressures on the local amenities and possible impact on vulnerable residents.

The Committee discussed the planning application noting the points raised by the Ward Councillor. 

The Service Manager - Development Management confirmed that this property had been granted a Lawful Development Certificate (LDC) to become a HMO

for up to 6 bedrooms in June 2025. 

Members raised concerns with the high concentration of HMOs in the surrounding area and although this property had been awarded permission for a HMO for up to 6 bedrooms, this one submitted was now for 9, which was a 50% uplift. 

Members raised concerns with the increased parking pressures and the Chief Planning Officer explained that under LDC for a HMO of 6, they could be issued with 6 parking permits.  Condition 7 would cover the Parking Management Plan and officers could stipulate how many parking permits could be issued.  It was suggested that only 2 parking permits be issued.  Condition 7 could also include how the applicant would manage any parking issues and could make it very clear to potential occupants that they would not be able to apply for parking permits as this would be a car free development.

The Chief Planning Officer stated that Cabinet, on 16 December 2025, had approved the serving of Article 4 Directions which would remove permitted development rights for a change of use from a dwelling to a HMO for 7 wards in Medway which would include Gillingham South.  All future HMOs would now require planning permission.

The Chief Planning Officer clarified that the condition that related to the refuse management could stipulate that only the storage area specified for refuse was used and that refuse should not be left out on non-bin days.

The Chief Planning Officer confirmed that it would be within the applicant’s interest to manage their residents’ behaviour and an additional condition could be recommended for a management procedure that would stipulate how the applicant should manage their occupants, how they interact with their neighbours and how the applicant would manage breaches of rules of the property.

On being put to the vote, the proposal to approve the recommendations set out in the report (approval with conditions), was lost.

Members discussed the reasons for refusal, in detail, which included the impact of additional residents on neighbours, increased noise, anti-social behaviours (ASB), parking constraints and impact on the visual character of the area.   Bedrooms 8 and 9 were originally one bedroom and had now been divided into 2 bedrooms with bedroom 8 having a sloped roof, which did not have the height space recommended. 

Decision:      

REFUSED on the grounds of an overdevelopment, impact on noise and amenities, poor quality of bedroom 8, impact on additional comings and goings on the character of the area and the impact on neighbouring properties. 

Final wording to be agreed by the Chief Planning Officer, in consultation with the Service Manager - Development Management Chairperson, Vice-Chairperson and Opposition Spokespersons.