Site: 134 Carholme Road, Lincoln, LN1 1SH

Application No: 2016/0306/F

Target Date: 10 June 2016

Agent:

Applicant: Mr Duncan Singer

Development: Change of Use from Dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4)

Background Site Location and Description The proposed change of use relates to a two storey semi-detached property, built circa 1939, located on the south side of Carholme Road, near to its junction with Derwent Street. Planning permission is required for the proposed development because of a city-wide Article 4 direction that removes permitted development rights for development comprising the change of use from a use falling within Class C3 (dwelling houses) of the Town and Country Planning (Use Classes) Order 1987, as amended; to a use falling within Class C4 (houses in multiple occupation) of that Order. Site History No previous applications. Case Officer Site Visit 17 May 2016.

Issues 1. National and local planning policy 2. Housing needs 3. Impact on visual amenity 4. Impact on residential amenity 5. Parking provision and cycle storage 6. Bin storage and collection 7. Impact on community balance 8. Flood risk Policies Referred to 1 National Planning Policy Framework 2 Policy

34 Design and Amenity Standards

3 Policy 59

Conversion of Existing Dwellings and Other Buildings to Self-Contained Flats and to Bedsits and Other Forms of Multi-Occupation

4 LP25 Design and Amenity 5 LP37 Sub-division and multi-occupation of dwellings within Lincoln Draft Houses in Multiple Occupation Supplementary Planning Document (Approved Draft, Updated March 2016)

Consultations Consultations were carried out in accordance with the Statement of Community Involvement, adopted May 2014. Responses Lincolnshire Police Police Headquarters

PO Box 999 Lincoln LN5 7PH

Comments

Lincoln Civic Trust St Mary`s Guildhall 385 High Street Lincoln LN5 7RY

No objections

West End Residents Association - Nigel Manders

176 West Parade Lincoln LN1 1RU

Objection

Highways & Planning Lincolnshire County Council

No objections

Environmental Health - Ian Wicks Environmental Health No objections

Consideration of Issues 1. National and Local Planning Policy

Paragraph 50 of the National Planning Policy Framework (NPPF) seeks to “deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities”. Paragraph 58 seeks to ensure that developments “will function well and add to the overall quality of the area…respond to local character and history, and reflect the identity of local surroundings and materials”. The council’s draft Houses in Multiple Occupation Supplementary Planning Document (HMO SPD) outlines the relevant local planning policies for applications for this type of development. Saved policy 59 of the City of Lincoln Local Plan (1998) supports the conversion of buildings to houses in multiple occupation, provided the amenities of occupants, immediate neighbours and the wider area are safeguarded. Emerging policy LP37 of the Central Lincolnshire Proposed Submission Local Plan (2016) supports the conversion of existing dwellings to houses in multiple occupation where;

(a) the existing dwelling or building is capable of conversion without causing harm to the amenities of future occupants, neighbours and the wider area;

(b) in the case of an existing dwelling, it can be demonstrated there is an established lack of demand for the single family use of the property concerned;

(c) the development will not lead to or increase an existing over-concentration of such uses in the area

(d) adequate provision is made for external communal areas; bin storage and collection; and on-site parking and cycle storage unless it can be demonstrated that the site is sustainably located on a regular bus route or within walking distance of the City Centre ”

The draft Local Plan has yet to be scrutinised and tested at Examination in Public so limited weight can be attached to the policy as yet. However, the draft HMO SPD has been developed from a strong and robust evidence base and gives a clear direction for the consideration of applications that are submitted as a consequence of the Article 4 direction relating to HMOs.

2. Housing Needs Applications for this type of development are required to demonstrate there is an established lack of demand for the single family use of the property based on current local housing market circumstances. The applicant has indicated they are in the process of purchasing the property, with the intention of using it as a HMO. Evidence initially suggests the property has been openly marketed at a reasonable purchase price for over 6 months (since August 2015). Two estate agents are currently advertising the property for sale online, although there is a £10,000 difference between asking prices, and photographs taken by one estate agent include a ‘Sold’ sign. The case officer also noted during their site visit that there were two signs displayed outside the property; one ‘For Sale’ and one ‘Sold’ (Figure 1). It could, therefore, be argued that the property has not been openly marketed, as potential buyers may have been deterred by the ‘Sold’ sign.

Figure 1 Sold and For Sale signs outside the property

3. Impact on Visual Amenity

The applicant is not proposing to make any external alterations to the property to facilitate the proposed change of use. It is, therefore, considered the proposed development would not alter the character and appearance of the application property, which is one of a small number of Inter-War properties on Carholme Road.

4. Impact on Residential Amenity

To the east of the application property is the sister semi-detached dwelling at 132 Carholme Road, situated on the corner of Carholme Road and Derwent Street. The property appears to be in single family use and is currently advertised for sale. To the west of the application property is the semi-detached dwelling at 136 Carholme Road, which also appears to be in single family use. The internal layouts of the application property and the neighbouring property at 132 Carholme Road are handed, so there would be no communal areas positioned adjacent to existing bedrooms. The council’s Pollution Control officer has also confirmed they have no objections to the proposed change of use in terms of contaminated land, air quality, noise or other environmental impact. It is, therefore, considered that the amenities which occupiers of neighbouring properties may reasonably expect to enjoy would not be harmed by, or as a result of, the proposed change of use.

5. Parking Provision and Cycle Storage

The application property includes a private driveway which provides off-street parking space for two vehicles. In addition, a Resident’s Parking Scheme (Zone 1F) is in force to manage on-street parking within the area. Lincolnshire County Council, as Highways Authority, has considered the application and concluded that the proposed development is acceptable. It is, therefore, considered the proposed HMO would have a negligible impact in terms of parking provision. Regarding cycle storage, the application property includes an enclosed garden to the rear, where cycles could be stored securely.

6. Bin Storage and Collection

The applicant has been sent a copy of the council’s requirements for bin storage and collection. Currently, wheelie bins are used and stored off-street until their respective collection days. It is considered the proposed change of use would not result in changes to this arrangement.

7. Impact on Community Balance

A high concentration of HMOs can lead to an imbalance in the community. Recently gathered evidence suggests there is some correlation between increasing numbers of HMOs and the following symptoms of imbalance within parts of the city;

- High levels or absence of any specific tenure - High levels of turnover of housing vacancies - Abnormally high or low house prices and rents - A population that is highly fixed or transient - A local economy that is largely dependent upon a large group of people - Falling school rolls or changes in the nature of school rolls

Council records indicate the proposed HMO would increase an existing over-concentration of HMOs within this part of the city (i.e. the 10% within 100m threshold has already been exceeded), but would not result in a cluster of three adjacent HMOs, as neighbouring properties at 132 and 136 Carholme Road appear to be in single family use. It is, therefore, necessary to consider the potential harm that would be caused by the proposed change in tenure of the property. Comments made on behalf of the West End Residents Association (WERA) ask the council to refuse the application “to enable the West End of Lincoln to remain a mixed and cohesive area to live”. The city’s “West End” encompasses the majority of Carholme ward, including the application property. If the council was minded to approve the application, notwithstanding the following comments about restricting the use of ground floor rooms due to flood risk, the property could potentially be occupied by up to 6 unrelated people under the proposed C4 use. In addition, whilst the applicant has not stated who they intend to let the property to, rooms could potentially be let to students, given the proximity of the University of Lincoln campus, and other student properties within the “West End”. Whilst a unilateral agreement could be used to prevent the property being occupied by students (see Paragraph 6.5 of the draft HMO SPD), it would not be reasonable to impose a condition on an approved application to restrict the number of occupants to a number less than 6, as such a condition would not meet the requirements outlined in Paragraph 206 of the NPPF1. The proposed change in tenure would, therefore, be noticeable, particularly as the neighbouring properties, and other Inter-War properties within the vicinity, appear to be in single family use. It is, therefore, considered that the proposed change of use would have a harmful impact on community balance, as it would increase an existing over-concentration of HMOs and exacerbate symptoms of imbalance within the city’s “West End”.

8. Flood Risk

Environment Agency flood maps indicate the application property is located within Flood Zone 2, where there is a ‘Medium Probability’ of flooding. The Sequential Test does not need to be applied for applications for changes of use, however, the local planning authority must be satisfied that the proposed development can be safely and sustainably delivered. The existing layout includes a dining room, lounge and kitchen to the ground floor of the application property, however, the potential exists for the dining room to be used as a 4th bedroom. It would, therefore, be appropriate to impose a condition on an approved application, preventing any ground floor rooms from being used as bedrooms, in the interests of the safety of future occupants. Lincoln Townscape Assessment The application property is located within the Carholme Road Character Area, a residential townscape lying on the west side of Lincoln either side of Carholme Road, the main western entrance to the city. Much of the townscape is Late Victorian/Edwardian in character; however, several small areas have been re-developed during the Modern Period. Buildings in the area form part of a Late Victorian/Edwardian gateway in the west of the city, and have defined part of the transition between the city and its rural setting since the early 19th century.

1 Paragraph 206 of the NPPF states “planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.

Conclusion The application fails to demonstrate there is an established lack of demand for the single family use of the application property, and the proposed change of use would increase an existing over-concentration of HMOs and exacerbate symptoms of imbalance within the city’s “West End”. It is, therefore, recommended planning permission is refused. Financial Implications None. Legal Implications None. Application Negotiated Either at Pre-Application or During Process of Application No. Equality Implications None. Application Determined Within Target Date No, planning committee date after target date.

Recommendation It is recommended planning permission is refused for the following reasons: The application fails to demonstrate there is an established lack of demand for the single family use of the application property; and the proposed change of use would increase an existing over-concentration of HMOs and exacerbate symptoms of imbalance within the city’s “West End”, contrary to saved policy 59 of the City of Lincoln Local Plan (1998) and emerging policy LP37 of the Central Lincolnshire Proposed Submission Local Plan (2016). The proposed development would not, therefore, contribute positively towards the NPPF’s aim to “deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities”. Report by: Planning Manager

Responses

LINCOLNSHIRE POLICE POLICE HEADQUARTERS PO Box 999 LINCOLN LN5 7PH Fax: (01522) 558128 DDI: (01522) 558292 email john.manuel@lincs.pnn.police.uk

Your Ref: App. 2016/0306/F 3rd May 2016 Our Ref: PG//

Development & Environmental Services City Hall, Beaumont Fee Lincoln, LN1 1DF

Re: 134 Carholme Road, Lincoln LN1 1SH HMO

Thank you for your correspondence and opportunity to comment on the proposed development. I have examined the plans and would request that you consider the following points that if adhered to would help reduce the opportunity for crime and increase the safety and sustainability of the development. Historically HMOs can become vulnerable to crime and anti-social behaviour therefore it is important that the best security arrangements and provision are planned for such premises. Lincolnshire Police has no formal objections to the planning application in principle but would recommend that the initial advisory recommendations are implemented. Perimeter (Where Applicable) Where fencing is to be used either internally (depending on location advice from CPDA) or as part of the external boundary this should be a minimum of 1.2 m (not security fencing) effective and to (quality and standard can be determined by local conditions and can be advised on by the CPDA) but not that creates a ‘fortress’ mentality. Fencing should not be positioned adjacent to convenient aids to climbing over the fence line, i.e. trees, lamp columns or buildings. External doors and windows

Building Regulations (October 1st 2015) provides that for the first time all new homes will be included within Approved Document Q: Security – Dwellings (ADQ). Approved document Q applies to all new dwellings including those resulting from change of use, such as commercial premises, warehouse and barns undergoing conversions into dwellings. It also applies within Conservation Areas.

This will include doors at the entrance to dwellings, including all doors to flats or apartments, communal doors to multi-occupancy developments and garage doors where there is a direct access to the premises. Where bespoke timber doors are proposed, there is a technical specification in Appendix B of the document that must be met. Windows: in respect of ground floor, basement and other easily accessible locations. External doors and windows The secured by design requirement for all dwelling external doors is PAS 24.2012 (doors of an enhanced Security) or WCL 1 (WCL 1 is the reference number for PAS 23/24 and is published by Warrington Certification Laboratories). The secured by design requirement for all dwelling external doors is PAS 24.2016 (doors of an enhanced Security) or WCL 1 (WCL 1 is the reference number for PAS 23/24 and is published by Warrington Certification Laboratories). Individual Flat or Unit Doors. Flat entrance door-sets should meet the same physical requirements as the ‘main front door’ i.e. PAS24:2012. The locking hardware should be operable from both sides of an unlocked door without the use of the key (utilising a roller latch or latch operable from both sides of the door-set by a handle). If the door-set is certified to either PAS24:2012 or STS 201 Issue 4:2012 then it must be classified as DKT. All ground floor windows and doors and those that are easily accessible from the ground must conform to improved security standard PAS24:2016. Lighting Lighting should be designed to cover the external doors and be controlled by photoelectric cell (dusk to dawn) with a manual override. The use of low consumption lamps with an efficacy of greater than 40 lumens per circuit watt is required; it is recommended that they be positioned to prevent possible attack. Cycle Storage Structure (if to be included) Generally pedestrian access doors-sets to commercial units should be certified to LPS 1175 security rating 2. The access controlled door should be designed in such a way that the hinges and door-sets are of a non-lift nature and non-tamper proof. The door locks must be operable by way of a thumb screw turn to avoid any person being accidently locked in the cycle storage area. Lighting within cycle storage area; automatically activated passive infra-red lighting should be considered rather than permanent lighting to which other users become accustomed and therefore activation would not draw any attention. Lighting units should be vandal resistant energy efficient light fittings. Utilities In order to reduce the opportunities for theft by ‘bogus officials’ the utility meters should, where possible, be located to the outside of the dwelling at a point where they can be overlooked. This will negate the need for an official to enter the building in order to read a meter, which will in turn reduce the opportunity for distraction burglary. Where possible utility meters in multi occupancy developments should be located on the ground floor between access controlled doors (air lock system) so that access can be restricted to the meters

Note 33.1: Where a utility provider refuses to provide external meters, and there is an obvious (historic) risk of distraction burglary within the location, the developer should consider an alternative supplier. Landscaping Landscaping should not impede the opportunity for natural surveillance and must avoid the creation of areas of concealment. Any landscaping should be kept to a maximum growth height of 1 metre. Whilst any tree should be pruned to a minimum height of 2 metres, thereby maintaining a clear field of vision around the development. Trees when fully grown should not mask any lighting columns or become climbing aids. Please do not hesitate to contact me should you need further information or clarification.

Please refer to New Homes 2016 which can be located on www.securedbydesign.com

Crime prevention advice is given free without the intention of creating a contract. Neither the Home Office nor the Police Service takes any legal responsibility for the advice given. However, if the advice is implemented it will reduce the opportunity for crimes to be committed. Yours sincerely, John Manuel MA BA(Hons) PGCE Dip Bus.

Force Crime Prevention Design Advisor

Environment & Economy Unit 4, Witham Park House Waterside South, Lincoln LN5 7JN Tel: (01522) 782070 E-Mail:Highwayssudssupport@lincolnshire.gov.uk

To: Lincoln City Council

Application Ref: 2016/0306/F

With reference to this application dated 27 April 2016, relating to the following proposed development: Address or location 134 Carholme Road, Lincoln, LN1 1SH Classification/Number of road to which the site gains access: [no. of road] Date application referred by the LPA 27 April 2016

Type of application: Outline/Full/RM/: Full Planning Application

Description of development Change of use from Dwellinghouse (Use Class C3) to House in Multiple Occupation (Use Class C4). Notice is hereby given that the County Council as Local Highway and Lead Local Flood Authority:

Does not wish to restrict the grant of permission.

CONDITIONS (INCLUDING REASONS) /REASONS FOR REFUSAL/ADDITIONAL INFORMATION REQUIRED NO OBS - Having given due regard to the appropriate local and national planning policy guidance (in particular the National Planning Policy Framework), Lincolnshire County Council (as Highway Authority and Lead Local Flood Authority) has concluded that the proposed development is acceptable. Accordingly, Lincolnshire County Council (as Highway Authority and Lead Local Flood Authority) does not wish to object to this planning application.

Case Officer: John Clifton for Mark Welsh Flood Risk and Development Manager

Date: 16/05/16