Agenda item

Gillingham South Ward

Retrospective change of use from residential dwelling (Class C3) to a 5-bedroom 5-person house in multiple occupation (Class C4).

Discussion:

The Service Manager – Development Management advised that, although the applicant named on the report was the planning agent, any planning permission granted would run with the land and had no bearing on the planning considerations. 

The Senior Planner outlined the application in detail for retrospective change of use from residential dwelling (Class C3) to a 5-bedroom 5-person house in multiple occupation (HMO) (Class C4).

The Senior Planner brought Members’ attention to the supplementary agenda advice sheet which contained a land use assessment map.

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

• She spoke against the application and recommended refusal, citing concerns about the cumulative impact of HMOs within the area despite neighbouring approvals and further applications being submitted nearby.
• She argued that the cumulative impact of HMOs should be given significant weight, as a remaining family home would be surrounded by multiple unrelated households, to the detriment of residential amenity.
• Concerns were raised regarding waste management and fly-tipping and any condition relating to refuse storage and collection be strengthened and place clear responsibility on the property owner.
• Objection was also raised on parking grounds, suggesting that the proposed management measures would not adequately address parking demand generated by residents and visitors.
• Reference was made to the emerging Local Plan and the need to protect family housing stock, with concern expressed over the continued loss of family homes to HMO use.
• In conclusion, she considered that the proposal would result in an overconcentration of HMOs, harm residential amenity and reduce the supply of family housing and, therefore, should be refused.

The Committee discussed the planning application noting the concerns raised by the Ward Councillor, particularly regarding the continuing loss of family dwellings to HMOs and the potential impact on parking provisions in the area.

The Senior Planner and Service Manager – Development Management advised that a Lawful Development Certificate for a six-bedroom, six-person HMO had been granted in September 2025, prior to the introduction of the Article 4 Direction. Members were informed that works had commenced to implement the Lawful Development Certificate, however, as the development had not been completed before the Article 4 Direction came into force, retrospective planning permission was required. The Senior Planner confirmed that the proposals had been amended from a six-bedroom, six-person HMO to a five-bedroom, five-person HMO, with an enlarged communal living area as part of the revised scheme.

The Service Manager – Development Management and the Legal Advisor reminded Members that each planning application must be determined on its own planning merits and that neither recently approved neighbouring scheme nor undetermined application could be treated as established HMOs when assessing the proposal.

In response to questions regarding care facilities, the Service Manager – Development Management advised that Class C2 care homes would require planning permission and registration with Ofsted, where applicable, although some forms of supported accommodation would not necessarily be registered with Ofsted of fall within the C2 care use.

The Committee voted on the officers’ recommendation to approve the planning application, which was lost. Members discussed possible reasons for refusal, including the loss of a family dwelling and concerns that the HMO would result in increased comings and goings. 

The Service Manager – Development Management advised that this was a retrospective planning application, that the property was already occupied as a HMO and that no complaints had been received regarding it operation.

The Senior Planner explained that, following the introduction of the Article 4 Direction, the applicant had sought pre-application advice and subsequently amended the scheme by removing one bedroom to provide a larger communal room.

Members were advised that refuse and parking matters would be managed through a proposed Waste Management Plan and the Parking Management Plan.

Members discussed whether additional information relating to the Waste Management Plan was required up front rather than leaving to a condition submission and explored potential further reasons for refusal. Consideration was also given to deferring the application to allow further information to be provided before a decision was made.

Decision:     

Deferred for additional information on the Waste Management arrangements and Plan and exploration of further reasons for refusal.