No:	BH2025/00106	Ward:	Hollingdean & Fiveways Ward
App Type:	Full Planning
Address:	29 Grantham Road Brighton BN1 6EF
Proposal:	Change of use from single dwelling (C3) to flexible use as single dwelling (C3) or 4no bedroom small house in multiple occupation (C4).
Officer:	Rebecca Smith, tel: 291075	Valid Date:		07.02.2025
Con Area:	Preston Park CA	Expiry Date:		04.04.2025
Listed Building Grade:
		EOT:
Agent:
Applicant:	Mrs Elizabeth Dunkerton   19 Old London Road   Brighton   East Sussex   BN1 8XR

1. RECOMMENDATION

1.1. That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to GRANT planning permission subject to the following Conditions and Informatives:

Conditions:

1. The development hereby permitted shall be carried out in accordance with the approved drawings listed below.

Reason: For the avoidance of doubt and in the interests of proper planning.

Plan Type	Reference	Version	Date Received
Proposed Drawing	01-0814-02	Rev B	12-Mar-25
Proposed Drawing	01-0814-02	Rev B	12-Mar-25
Location Plan	01-0814E		07-Feb-25
Block Plan	01-0814F		07-Feb-25

2. The dwelling shall be occupied as either a dwelling (C3) or as a small House in Multiple Occupation (C4) unless otherwise agreed in writing by the Local Planning Authority.

Reason: As this matter is fundamental to the acceptability of the permission hereby approved.

3. The HMO (C4) hereby approved shall only be occupied by a maximum of five (5) persons. 

Reason:  To ensure a satisfactory standard of accommodation for future occupiers and to comply with policies DM7 and DM20 of the emerging Brighton and Hove City Plan Part Two.

4. The HMO use hereby approved shall only be implemented in strict accordance with the proposed layout detailed on the proposed floor plans ref. 01-0814-01 Rev B and 01-0814-02 Rev B, received on 12th March 2025 and shall be retained as such thereafter. The layout of the kitchen/dining space and living room shall be retained as communal space at all times and shall not be used as bedrooms. Bedrooms is considered acceptable for double occupancy if required when the property is in use as a small HMO (C4). 

Reason: To ensure a suitable standard of accommodation for occupiers and to comply with Policies DM7 and DM20 of the City Plan Part Two.

5. Prior to first occupation of the small HMO use, details of secure cycle parking facilities to the rear of the property, for the occupants of, and visitors to, the development shall have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy DM33 of the Brighton & Hove City Plan Part Two.

Informatives:

1. In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development.  The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

2. The applicant is advised that in accordance with Class V of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development Order), the site can be used for C3 (dwellinghouse) and C4 (HMO) uses flexibly and interchangeably over a ten-year period. The lawful use of the site will be the use at the end of the ten-year period.

3. To be in line with Policy DM33 of the City Plan cycle parking must be secure, convenient, well lit, well signed and wherever practical, sheltered.  The Local Highway Authority's preference is for Sheffield type stands to ensure the main frame of the bicycle can be securely stored. All must be spaced in line with the guidance contained within the Manual for Streets section 8.2.22.

Biodiversity Net Gain  

Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because one or more of the statutory exemptions or transitional arrangements are considered to apply.  These can be found in the legislation.

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that, unless an exception or a transitional arrangement applies, the planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition") that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan. 

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Brighton & Hove City Council.

2. SITE LOCATION 

2.1. The application site is a two-storey detached property on the northern side of Grantham Road. The property is not listed and not within a conservation area. To the west of the property there is a commercial repair garage, and the remainder of the street is residential. The property has a small front garden with side access to a private rear garden. The property is sited within the Preston Park Conservation Area.

2.2. The site is also covered by the city-wide Article 4 Direction which removes the permitted development rights allowing changes of use from dwellinghouses (planning use class C3) to small Houses in Multiple Occupation (planning use class C4) so that a planning application is required.

3. RELEVANT HISTORY

3.1. BH2014/02683 - Certificate of lawfulness for proposed conversion of 2no flats to a single dwelling. Approved 10.10.2014

4. APPLICATION DESCRIPTION

4.1. The application seeks planning permission to change the use of the property from a dwellinghouse (planning use class C3) to a flexible use as either a dwellinghouse (C3) or a small House in Multiple Occupation (HMO) (planning use class C4). 

5. REPRESENTATIONS

5.1. In response to publicity, responses were received from 9 (nine) individuals, objecting to the application and raising the following issues: 

· Additional Traffic, particularly in conjunction with the Junior School on the same road. 

· Increase in noise and anti-social behaviour.

· Transient occupancy would not contribute to a sustainable community and negatively impact community cohesion. 

· Adversely affects conservation area

· Overdevelopment

· Poor design

· HMO use may contribute to the decline of demand for school places. 

· Increased waste management issues given bin collections are already missed. 

· Reduced availability of family homes. 

· Proposal doesn't meet minimum standards (DM1), in terms of storage and overall communal space. 

· HMO licensing standards not met. 

· Detrimental Impact on property value. 

· Increased fire risk for future occupiers. 

5.2. Full details of representations received can be found online on the planning register.

6. CONSULTATIONS 

Internal: 

6.1. Housing Strategy: No comment received

6.2. Private Sector Housing:  Comment

Should the application be approved then the applicant will be required to apply for a HMO Licence. This can be done online via the council's website.

6.3. Sustainable Transport:   No objection

The proposal does not seek to change the existing situation of no off-street car parking for the property. The property is located within Controlled Parking Zone (CPZ) J, which has limited capacity for additional parking, therefore advise development should be 'car-free'. 

6.4. There appears to be space within the curtilage of the property for cycle parking to be provided, this development would need to provide 3 spaces and details are requested via a condition. 

6.5. The proposed development is expected to result in an increase in trips generated by the site. However, considering the size of the development the trip generation impact would not be significant and would not therefore be grounds for objection under the National Planning Policy Framework. 

7. MATERIAL CONSIDERATIONS 

7.1. In accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, this decision has been taken having regard to the policies and proposals in the National Planning Policy Framework, the Development Plan, and all other material planning considerations identified in the "Considerations and Assessment" section of the report.

7.2. The development plan is:

· Brighton & Hove City Plan Part One (adopted March 2016);

· Brighton & Hove City Plan Part Two (adopted October 2022);

· East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (adopted February 2013; revised October 2024); 

· East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan (adopted February 2017); 

· Shoreham Harbour JAAP (adopted October 2019).

8. RELEVANT POLICIES & GUIDANCE

The National Planning Policy Framework (NPPF) 

Brighton & Hove City Plan Part One: 

SS1              Presumption in Favour of Sustainable Development

CP1              Housing delivery

CP9              Sustainable transport

CP21            Student housing and Housing in Multiple Occupation

Brighton & Hove City Plan Part Two: 

DM1             Housing Quality, Choice and Mix

DM7             Houses in Multiple Occupation

DM20           Protection of Amenity

DM33           Safe, sustainable and active travel

DM36           Parking and servicing

Supplementary Planning Documents:

SPD14         Parking Standards

9. CONSIDERATIONS & ASSESSMENT

9.1. The main considerations in the determination of this application relate to whether a HMO in this location would accord with the development plan regarding the density of such a use, standard of accommodation (for both the small HMO and retained dwelling house use), the impact on neighbours and any transport matters identified. The impact on the character of the Preston Park Conservation Area also needs to be considered.

9.2. The application seeks consent for the change of use from a dwellinghouse (planning use class C3) to a dwellinghouse or small HMO (flexible planning use class C3/C4 use). This would allow the use to change back and forth between C3 and C4 for up to ten years, (as permitted) under Class V of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015. At the end of this period, whatever the existing use of the site is will be the lawful use from that time.

CP21 & DM7 density considerations:

9.3. Policy CP21 of the Brighton and Hove City Plan Part One specifically addresses the issue of changes of use to planning use class C4, a mixed C3/C4 use or to a sui generis House in Multiple Occupation (HMO) and states that:  

"In order to support mixed and balanced communities and to ensure that a range of housing needs continue to be accommodated throughout the city, applications for the change of use to a Class C4 (Houses in Multiple Occupation) use, a mixed C3/C4, or to a sui generis House in Multiple Occupation use (more than six people sharing) will not be permitted where:  

· More than 10 per cent of dwellings within a radius of 50 metres of the application site are already in use as Class C4, mixed C3/C4 or other types of HMO in a sui generis use."  

9.4. A mapping exercise has been undertaken (March 2025) which indicates that there are 45 dwellings within a 50m radius of the application property, none of which have been identified as being in HMO use. The percentage of neighbouring properties in HMO use within the radius area is thus 0%. 

9.5. Based on the existing percentage of neighbouring properties in HMO use, which is less than 10%, the change of use to a flexible use comprising of use as a dwellinghouse (C3) or as a four-bedroom with a maximum occupation of six-persons HMO (C4 use) would not conflict with the aims of policy CP21.  

9.6. Policy DM7 of CPP2 includes additional criteria to those set out in Policy CP21, and states the following:   

"Applications for new build HMOs, and applications for the change of use to a C4 use, a mixed C3/C4 use or to a sui generis HMO use, will be permitted where the proposal complies with City Plan Part One Policy CP21 and all of the following criteria are met:  

a)      fewer than 20% of dwellings in the wider neighbourhood area are already in use as HMOs;   

b)      the proposal does not result in a non-HMO dwelling being sandwiched between two existing HMOs in a continuous frontage;  

c)      the proposal does not lead to a continuous frontage of three or more HMOs;  

d)      the internal and private outdoor space standards provided comply with Policy DM1 Housing Quality, Choice and Mix;  

e)      communal living space and cooking and bathroom facilities are provided appropriate in size to the expected number of occupants." 

9.7. Criterion a) has been assessed and the percentage of dwellings in the wider neighbourhood area has been calculated at 2.31% so it has been met. In relation to criterion b), the area has been assessed, and it is confirmed that the proposal would not 'sandwich' a non-HMO between two existing HMOs; and would not lead to a continuous frontage of three or more HMOs so also accords with criterion (c). Considerations regarding amenity space and communal living (criteria d) and e) are set out below.   

9.8. On this basis, the proposal is considered to accord with Policy DM7 of CPP2 and CP21 of the CPP1 and the change of use of the site to a flexible use including a small HMO use is acceptable in principle. 

Standard of Accommodation:

9.9. The proposed standard of accommodation is being considered against Policy DM1 of CPP2 which incorporates the minimum space standards within the Nationally Described Space Standard (NDSS) into the development plan. The requirement to meet these standards is further emphasised within d) and e) of Policy DM7 of CPP2. 

9.10. The below assessment has been undertaken on the revised layout plan which seeks four bedrooms within the small HMO use, not five as initially proposed. This was in response to concerns raised by the Case Officer in terms of the standard of accommodation provided.

9.11. The proposed HMO is arranged over the ground and first floors. The ground floor has a layout comprising the kitchen/dining space (18.7sqm) and living room (25.8sqm) and Bedroom 1 (14.33sqm). On the first floor are the remining three bedrooms; Bedroom 2 (18.78), Bedroom 3 (11.32sqm) and Bedroom 4 (11.44sqm). The first floor also has the only toilet within the dwelling and the separate bathroom. 

9.12. In this instance the property could support a maximum occupation of five persons when in small HMO use. This maximum level of occupancy is secured by condition. Bedrooms 1 and 2 are suitable for double occupancy, however, to enable six persons to live in the property would require further WC facilities.  All of the habitable rooms have windows providing natural light and outlook, including the communal space on the ground floor. 

9.13. As the property seeks a flexible use, consideration must also be given to the use as a dwellinghouse. To enable this the property must retain at least one room capable of being used as a double bedroom. In this instance bedrooms 1 and 2 meet this requirement, so this requirement is met.

9.14. Objections to the application have raised concerns about the proposed standard of accommodation due to the lack of communal space. This has been addressed through the revised plans which provide additional communal space where previously a bedroom was proposed. Concern is also raised about whether sufficient built-in storage is provided within the property. In terms of the dwellinghouse use, as existing a cupboard under the stairs is present. This is retained in the proposed plans, and as the bedrooms exceed the minimum required for five-person occupation in HMO use it is not considered reasonable to withhold planning permission due to lack of built in storage when this can be provided within the bedrooms defined on the plans without compromising circulation space within the rooms for occupiers to move freely. 

9.15. There is a garden at the rear which is retained as part of the proposal and would be considered appropriate for the flexible use. 

9.16. Overall, the property (within a flexible use of either C3 or C4) would comply with polices DM1 and DM7 of the City plan Part regarding the standard of accommodation for both uses. 

Impact on Amenity:

9.17. Policy DM20 of City Plan Part Two states that planning permission for any development or change of use will not be granted where it would cause material nuisance and loss of amenity to the proposed, existing and/or adjacent users, residents, occupiers or where it is liable to be detrimental to human health.  

9.18. The proposed change of use from a dwellinghouse to a small HMO may create more comings and goings from the property when in small HMO use and in a different pattern to the existing dwellinghouse use. However, it is not considered that the additional comings and goings from a small HMO use would amount to such substantial harm to neighbouring properties as to warrant refusal of the application. 

9.19. As noted above, the application site is not in an area which currently has more than 10% of properties within 50m radius being in HMO use or 20% of the wider neighbourhood area. As noted above the CP21 mapping showed 0% HMOs and DM7 mapping showed a wider neighbourhood concentration of 2.31%, these are both very low densities. While any additional HMOs may have the potential to increase the cumulative impact and harm to amenity with which they are often associated, in this instance the existing numbers of HMOs in the area is not enough to warrant refusal of the application on the grounds of potential amenity impact. 

9.20. Furthermore, it is noted an HMO of this size would require licensing by the Council's Private Sector Housing team and thus be required to comply with management standards, amongst other requirements. Additionally, the granting of this planning permission would not prohibit the Environmental Health team acting against 'statutory nuisance' under the Environmental Protection Act 1990 if this was required in the future.

9.21. Accordingly, it is considered that the proposals would comply with polices DM20 and DM40 of the City Plan Part Two. 

Sustainable Transport:

9.22. The application site is located on Grantham Road, off Ditchling Road which is served by several bus routes connecting to the city centre and beyond. It is also noted that London Road Railway Station is a short walk to the south. 

9.23. The Highway Authority has been consulted on the application, they have not raised any significant concerns with the application. They have requested that the use is ‘car free’ so residents would not be entitled to parking permits. However, given their conclusion that there would be no change to the existing, and that the use includes that of retaining the dwelling, this is not considered necessary. It is noted that should the LHA wish to do so this within their power through separate regulations.  

9.24. There are no concerns with regard to trip generation arising from the flexible use of the site and an objection has not been raised in this regard. The potential increase in comings and goings from the HMO use is not considered to result in a significant impact on the local highway network or transportation which would require refusal of the application. 

9.25. The Highway Authority have noted that no cycle parking has been proposed as part of the development. There is a rear garden and external side access to the garden so it is considered that convenient storage for cycles could be provided. A condition is therefore attached to secure details of the proposed cycle parking, in the rear garden, prior to first use of the property as a small HMO. 

9.26. Accordingly, subject to the conditions it is considered that the development does comply with polices DM33 and DM36 of the City Plan Part Two and policy CP9 of the City Plan Part One. 

Other Matters Including Those Raised in Representations:

9.27. Matters such as loss of property value are not material planning considerations. Compliance with HMO licensing standards is not a consideration for the planning application, there is a separate application process for licensing applications. Similarly risk of fire is not a matter to be addressed within the planning application. 

9.28. One of the objections raises adverse impacts on Conservation Area. When considering whether to grant planning permission for development in a conservation area the Council has a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the area. Case law has held that the desirability of preserving or enhancing the character or appearance of a conservation area should be given “considerable importance and weight”.

9.29. The proposed flexible use of the property as either a dwellinghouse (C3) or small house in multiple occupation (C4), would retain the residential character of the property and no external works are proposed. The character from the small HMO use for up to five persons is considered similar to a family living within the home considering the layout can function with four bedrooms for either use. As noted above while cycle parking storage is requested by the Highway Authority in connection with the HMO use (though it will also benefit the dwelling) this is stipulated to be located in the rear garden to ensure that the character of the Conservation Area is maintained.

Biodiversity Net Gain

9.30. This scheme was considered exempt from the need to secure mandatory biodiversity net gain under Schedule 7A of the TCPA because it does not impact a priority habitat or habitat of more than 25sqm or 5m of linear habitat. 

Conclusion and Planning Balance:

9.31. As set out above, in principle the creation of a flexible residential use, incorporating small HMO use in this location is supportable due to the density of HMOs within the vicinity of the site not exceeding the density test of policy CP21 of the City Plan Part One and DM7 of the City Plan Part Two. The additional spatial considerations of DM7 are also met. 

9.32. In terms of the standard of accommodation, the amendments have produced a layout which is considered acceptable and in accordance with polices DM1 and DM7 of the City Plan Part Two. The proposed flexible use of the property is not considered to give rise to unacceptable amenity and transport considerations as discussed above which would warrant the refusal of the application in planning terms. There is also no impact on the character of the Preston Park conservation area.   

10. EQUALITIES  

10.1. Section 149(1) of the Equality Act 2010 provides: 

1)      A public authority must, in the exercise of its functions, have due regard to the need to—

(a)     eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b)     advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)     foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

10.2. Officers considered the information provided by the applicant, together with the responses from consultees (and any representations made by third parties) and determined that the proposal would not give rise to unacceptable material impact on individuals or identifiable groups with protected characteristics.