An incredible result has been achieved for an ET Planning client based in Oxford after a recent appeal win.
The Oxford site in question, which is a two storey semi-detached property, had been refused planning permission for the change of use from a dwelling to a small HMO property.
The main reason for refusal was that the council had concluded that the proposed development would lead to an over concentration of HMOs within the area.
Having carefully calculated the concentration of the HMOs in the area, ET Planning knew that the refusal was unjustified.
Why does the concentration of HMOs in an area matter?
Oxford City Council have a Local Plan in place which seeks to control HMO development across the city in order to avoid over-concentration in a particular given area. This is due to the different impacts HMO can have on an area and an over-concentration could disrupt the balance and mix of housing.
Specifically, this policy states that all properties within a 100m of the site should be included in the calculation to determine the ratio of HMOs to other dwelling types and that the percentage should be no more than 20%.
It was this mis-calculation on the councils part which was disputed in this case.
The Appeal Inspector in this case agreed with the calculation provided by ET Planning in the appeal statement stating; “I am satisfied that the development would not lead to an over concentration of HMOs which would disrupt the balance and mix of housing within the area. As highlighted, the development would comply with Policy H6 of the Local Plan (adopted 2020) which permits HMO development where approval would not lead to the proportion of HMOs exceeding a 20% threshold limit“.
As the Council had incorrectly applied their HMO concentration policy to this case, the appeal was allowed, planning permission granted and appeal costs were awarded to the client.
A fantastic results from the ET Planning team within the Oxford office.
If you considering the planning opportunities for a site within Oxford or the surrounding areas, do contact our Oxford team on 01865 507265 who would be very happy to support you.