Extension of HMO operation allowed on Appeal in Stansty, Wrexham.

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Introduction

 

En-PLan were approached by the owners of an existing six bed HMO to add an additonal bedroom and thereby change the use class from C4 to "suis generis" use. 

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What is a "suis generis" use?

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"Sui generis" is a Latin term that means "of its own kind" or "unique in its characteristics." In the context of land use and planning, "sui generis use" refers to a land use category or designation that does not fit into the typical or conventional categories of land use.

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Examples of sui generis uses may include:

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1. Airports: Airports typically have unique operational requirements and infrastructure needs that may not align with conventional land use categories. They often require specific zoning regulations related to noise control, safety zones, runway protection zones, and other aviation-related considerations.

2. Landfills: Landfills are specialized facilities for waste disposal, and their operations require specific regulations to address environmental concerns, waste management practices, and public health considerations.

3. Telecommunication Towers: Telecommunication towers, such as cell towers or broadcasting masts, often have specific siting requirements and regulations due to their height, potential visual impact, and need for signal coverage.

4. Power Plants: Large-scale power generation facilities, including nuclear power plants or wind farms, may have unique requirements related to their size, emissions, safety measures, and energy infrastructure.

 

In each case, the sui generis use is recognized as having distinct characteristics that warrant special consideration in terms of planning, regulations, and permitting processes. The specific regulations and requirements for sui generis uses will vary depending on the jurisdiction and local planning policies.

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The Planning Application and Planning Assessment

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In terms of assessing the Planning Application Wrexham Council use Policy LPG 16 whcih requires that a 7 bedroom or more HMO provides 4 car spaces for the first 6 bedrooms and 1 car space per 2 bedrooms thereafter. The proposal therefore requires provision of 4.5 parking spaces, which, rounded up, is 5.

Therefore, it is whether the additional 1 on-street parking space would result in such adverse impacts to highway safety, as to warrant refusal of the application on this basis.

The application is to change the use of the property from a 6 bed HMO to a 7 bed HMO. Even if 8 bedrooms were being proposed, the proposal would still only require an additional 1 parking space.

LPG 16 states that in cases where the amount of parking required is below the maximum, the Council will need to be satisfied that this is appropriate for the likely level of demand.

The site is located within Wrexham Settlement Limit and is approximately 400m away from the Plas Coch Retail Park. Bus stops are located within the vicinity of the site, as is the train station, which is located approximately 1km south. The site is considered to be in a highly sustainable location, preventing the need for occupants having to rely on

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Furthermore, Railway Road runs to the east of the site. It is unclassified and considered to be a fairly quiet, residential road in nature, primarily providing access to a fairly limited amount of dwellings, east and north of the site.

Dwellings to the east of the site within Brunswick Court appear to be served by parking courts to the rear. During the officer site visit, there did not appear to be a significant demand for car parking along this road.

An additional parked car along this section of road is not therefore considered would result in such a significant increase in parked vehicles along Railway Road, to the extent that highway safety and the free flow of traffic would be materially compromised or harmed.

Whilst the Highway Authority have not commented on the application to date, I consider that the shortfall of on-site parking spaces would be acceptable and the proposal would comply with UDP Policy T8.

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The Planning Application initially gained support from the Planning Department

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The Planning Appeal

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Following the refusal of planning permission for the creation of a new bedroom to be added to an existing HMO in Stansty Road in Wrexham En-Plan were appointed to conduct a Planning Appeal the outcome as the application was initially recommended for approval by the Planning Officer dealing with the case. However,  due to political intervention it was taken to a planning committee where refusal was passed as a motion.

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The appeal property is a two-storey, detached dwelling located at the junction of Stansty Road and Railway Road. The surrounding area is predominantly residential, with a small number of commercial properties. Parking provision is a combination of on street and off-street spaces. With the exception of double yellow lines around the nearby junctions and a short section of Stansty Road to the south, the roads in the immediate area are not subject to any form of formal parking restriction.

Based on the Council’s adopted Parking Standards Local Planning Guidance Note 16 (LPG 16), the proposal for a 7-bed HMO would generate a demand for 5 car parking spaces, compared to a demand of 4 spaces for a 6-bed HMO. Whilst the Council contends that the existing shortfall of 3 spaces should also be accounted for, resulting in an overall shortfall of 4 spaces, this level of provision was previously found to be acceptable when granting permission for the property’s current use. In the absence of any substantive information to the contrary, I therefore consider the parking requirement to be for one additional space. In any event, any increased demand would not be accommodated within the site and would have to be met through on-street provision.

At the time of my visit, there was little to indicate that the area experiences a significant level of parking demand, with only a small number of cars parked along Railway Road and Stansty Road, and very limited numbers of vehicles travelling through Railway Road. However, I acknowledge that this may vary throughout the day and evening.

The appeal property is located within relatively easy walking distance of a range of shops, services and public transport, meaning residents would not necessarily be reliant on private vehicles to meet their everyday needs. As such, I consider it to be a sustainable location where, in accordance with LPG 16, a reduced level of parking provision may be appropriate.

Taking into account the requirements of LPG 16, the sustainable location of the appeal property, and the unrestricted nature of the surrounding roads, I consider that any additional on-street parking demand resulting from the proposal would be limited and would not cause harm to highway safety. The proposal would therefore comply with Policy GDP1 of the Wrexham Unitary Development, and LPG 16, which seek to ensure all development provides safe and convenient vehicle access to and from development sites, both on site and in the nearby locality, and appropriate levels of parking provision.

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"The appeal is allowed and planning permission is granted for change of use from 6-bed HMO to 7-bed HMO at 2 Stansty Road, Wrexham, LL11 2ET in accordance with the terms of the application, Ref: WRR P/2020/0813 dated 24 November 2020, subject to the following conditions:
1) The development shall begin not later than five years from the date of this decision.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2) The development shall be carried out in accordance with the following approved plans and documents: 1:1250 Location Plan, 1:500 Block Plan, 1:200 Site Plan, 1:100 Existing & Proposed Elevations & Existing Floorplans, 1:100 Proposed Floorplans.
Reason: To ensure that the development is carried out in accordance with the approved documents, plans and drawings submitted with the application."

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"In reaching my decision, I have considered the duty to improve the economic, social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under section 3 of the Well-Being of Future Generations (Wales) Act 2015 (WBFG Act). I have taken into account the ways of working set out at section 5 of the WBFG Act and consider that this decision is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers well-being objectives, as required by section 8 of the WBFG Act.

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This is a great victory for the applicant who has invested heavily in improving the accommodation on site and the added bedroom will help them recoup this investment . 

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If you would like to find out more about how our Planning Consultancy and Architectural Design Services can work in perfect sync to achieve a successful outcome in the planning system please contact us and we will be only too happy to talk through any questions or development proposals you may have.

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