H7 Houses in multiple occupation (HMOs)
Applications for the sub-division of buildings
into bedsits or non self-contained residential units (Houses
in Multiple Occupation or HMOs) will be permitted provided that:-
(1) the property is located within easy reach
of public transport and community facilities;
(2) the scale and nature of the use does not
adversely affect neighbouring residential amenities (by way
of noise and general disturbance);
(3) the car parking requirement for the proposed
development does not generate an unacceptable level of traffic
and adverse environmental impact;
(4) the development would not lead to loss
of holiday accommodation within a Principal Holiday Accommodation
Area (PHAA);
(5) the development would not lead to an over-concentration
of similar uses which would harm the amenity and character
of the area;
(6) a suitable standard of accommodation can
be provided;
(7) adequate storage facilities can be provided
for recycling and refuse collection; and
(8) there is supervision by a resident owner/manager
or an alternative appropriate level of supervision.
Explanation:
3.115 A House in Multiple Occupation (HMO) can be defined as
a house which is occupied by a number of persons who do not form
a single household. The definition includes, most typically,
bedsits and other single room accommodation where sharing of
basic facilities takes place. In many instances, the HMO will
be of long standing operation and not have the benefit of planning
consent
3.116 HMOs are similar to hostels, which are dealt with in Policy
CF3. The major distinction between HMOs and hostels
is that hostels imply a shorter term residency and a degree
of care for residents.
3.117 HMOs can represent an important source of inexpensive
housing which is clearly needed in Torbay. Torbay has an estimated
3,000 shared houses, which make it the 26th highest authority
in England and Wales and the 3rd highest in the South West, after
Bristol and Plymouth.
3.118 The Council recognises, however, that HMOs can cause planning,
fire, safety and environmental health problems, which need to
be addressed. The majority of HMOs are not authorised in planning
terms, being without the benefit of Certificates of Lawfulness
or planning permission and, in many cases, need substantial improvements
to meet current minimum standards. HMOs without appropriate planning
consents, and where the owner is unable to demonstrate that the
use has endured for more than 10 years, may be subject to planning
enforcement action.
3.119 Several existing HMOs are in need of special attention
in order to improve their standard to a satisfactory level. The
Council is undertaking surveys of areas known to require special
attention and containing large numbers of HMOs. However, it is
envisaged that an entire HMO improvement programme for the whole
of Torbay could not be completed in less than 10 years. In accordance
with the Audit Commission’s recommendations, a priority
strategy of inspections has been established to identify and
remedy unsatisfactory HMOs. This is a key element in the Council’s
Housing Strategy.
3.120 It is envisaged that many of the occupants of HMOs will
not be in a position to run a private car and therefore locations
near public transport routes and community facilities are important.
Conversely, isolated locations, situated well away from these
facilities are unlikely to be acceptable as they would encourage
the increased use of private cars.
3.121 HMOs have often given rise to complaints from nearby residents
who feel that the character of the area and the quality of their
amenities have suffered as a result of HMO development. Developers
must therefore demonstrate to the satisfaction of the Council
that their impact on the surrounding areas will be acceptable,
paying special regard to any design considerations arising from
locations within Conservation Areas.
3.122 HMOs are likely to cause increased activity and traffic
generation. Where this would be out of keeping with the character
of an area, it can constitute a disturbing effect on a neighbourhood
and in these circumstances, HMOs are not appropriate. This is
especially true in more established traditional residential areas
geared to family accommodation and which are often situated away
from public transport routes and community facilities.
3.123 HMOs are not usually appropriate in Principal Holiday
Accommodation Areas (PHAAs). In particular, conversion of holiday
accommodation into HMOs can be detrimental to the character and
appearance of areas and lead to conflict between residents and
holidaymakers. The protection of PHAAs from inappropriate development
is covered in Policy TU6.
3.124 It is accepted that many larger buildings can no longer
function as single residences and their conversion into smaller
units can help meet the needs of single people and smaller households.
However the conversion, and often extension, of smaller family
houses to create a greater number of units is usually less acceptable,
due principally to the additional demand for car parking, the
loss of garden area and the general intensification of activity
within the area.
3.125 Inadequate accommodation in HMOs can have serious repercussions
for the health and welfare of residents. Therefore, proposals
for HMOs should demonstrate that a satisfactory standard of accommodation
can be provided for residents. Matters such as amenity space,
storage facilities and refuse provision will be material considerations.
3.126 Poor management is often a key factor leading to nuisance
and complaints from HMOs. Therefore, proposals must indicate
that satisfactory management will be provided either by an on
site manager or appropriate alternative provision. Applicants
should demonstrate that such provision will be enforceable.
H8 Change of use from housing to other uses
Change of use from housing to other uses will
not be permitted where the proposed use would cause harm to,
or conflict with:-
(1) existing living conditions or standards
of accommodation; conservation, architectural or historic interests,
including the retention or renovation of buildings;
(2) the residential character of the area;
(3) the satisfactory provision of self-contained
accommodation with separate access; or
(4) the achievement of other objectives of
the Local Plan.
In all cases, the proposed development must not
adversely affect the amenities of adjoining properties or the
character of the area.
Explanation:
3.127 Reduction in Torbay’s housing stock is generally
considered unacceptable in view of the area’s housing needs,
and would cause additional pressures for increased land take
for residential development in the countryside to make good the
loss. The existing housing stock is considered to be a valuable
resource which should be protected in order to reduce pressure
on greenfield sites to a minimum. In addition, the change of
use of part of a building can result in harm to the amenities
of remaining residents. Exceptions may be made where substantial
environmental, economic or community benefit would be achieved,
subject to compliance with other policies of the Plan. In addition,
the redevelopment of housing, which may be suffering from poor
environmental conditions or which is irredeemably unfit, may
also be considered.
3.128 Ancillary uses in residential areas, such as community
facilities, places of worship, doctor’s surgeries, dentists,
chiropodists and other community or health uses, which are considered
to be beneficial to urban regeneration and community cohesion,
will be allowed, subject to local amenity considerations. However,
care will be taken to ensure that the introduction of other non-residential
uses into predominantly residential areas will not result in
a loss of local amenity, especially from uses generating vehicular
traffic, noise, etc.
H9 Layout, design and community aspects
All new residential schemes should demonstrate
a high standard of design which will take account of the defining
characteristics of the existing environment and, where possible,
enhance it. The prime considerations are the overall scale, density,
massing, height, landscape, layout, access, privacy, crime prevention
and amenity in relation to neighbouring buildings and the local
area generally.
Where affordable housing is proposed, it is anticipated
that a suitable mix of house types will be provided in clusters
of not more than 40 dwellings. Accommodation for people with
physical disabilities will be encouraged.
Explanation:
3.129 The Council wishes to promote the highest standards of
design in new housing schemes and it is particularly anxious
to ensure that new development or redevelopment enhances the
architectural and landscape qualities of its setting rather than
detracting from them. This is especially important in an area
whose principal industry, tourism, relies on an attractive environment
to a considerable degree. Moreover, the emphasis on maximising
the use of previously developed land will only be sustainable
if a high standard of design is secured (see PPG3 ‘Housing’ (2000)
paragraphs 54 - 6).
3.130 PPG1 ‘General Policy and Principles’ (1997)
states that the appearance of proposed development and its relationship
to its surroundings are material considerations and that planning
authorities should reject poor designs which are out of scale
or character with their surroundings.
3.131 The Environmental Guide gives more detailed
guidance in relation to considerations such as house design,
layout, daylight, internal privacy, private open space, amenity
open space and play areas, relationship to natural features and
residential roads. In addition, special consideration should
be given to energy efficient design (see Policy EP1).
3.132 The Council aims to encourage the development of mixed
and balanced communities in order to avoid areas of social exclusion
(Circular 6/98, paragraph 1). Research has suggested that clusters
of more than 40 dwellings of social housing should be avoided,
as this can hinder the achievement of mixed communities and cause
management and amenity problems. Lord Rogers’ Urban Task
Force suggested a lower figure of 25 units.
H10 Housing densities
New housing schemes should be developed at maximum
densities consistent with key environmental objectives, both
natural and built. In particular, high densities should be developed
on urban sites which have good access to public transport and
community facilities, and in these circumstances, car parking
provision should be reduced. There should be adequate provision
of public open space, including play and amenity areas. Proposed
developments of a scale, level or intensity which are considered
likely to cause problems such as serious access difficulties
for emergency vehicles, harm to residential amenities, the loss
of significant landscape, townscape or ecological features and/or
the erosion of the character of an area, will not be permitted.
Explanation:
3.133 PPG12 ‘Development Plans’ (1999) states that
the scale and character of new development in relation to existing
development is a material consideration in dealing with planning
applications and that Local Plans should address the issue of
improving the physical and natural environment. These objectives
are set out in Aim 1 of the Local Plan Strategy and
in policies in the Built Environment Chapter.
PPG3 ‘Housing’ (2000) states that Local Authorities
should increase the density of development and that densities
of less than 20-30 dwellings per hectare (8 - 12.5 dwellings
per acre) should be avoided. Developments of 30-50 dwellings
per hectare (net) should be encouraged and a greater intensity
of development should be sought in places with good public transport
accessibility, such as town and district centres and along public
transport corridors (paragraph 58). Similarly, the Government’s ‘Planning
for the communities of the future’ indicates that densities
should be increased where possible.
3.134 The Council recognises that there is a need to make full
and efficient use of sites for new residential development in
order to keep land take to a minimum, particularly in respect
of greenfield sites. The strategy of minimising use of greenfield
land is set out more fully in Policy HS. The
Structure Plan density of 30 dwellings per ha (12 dwellings per
acre) (net) should be regarded as a general yardstick only and
the onus will be on developers to make the best use of the site
in the context of the surrounding area and subject to environmental
considerations.
3.135 Clearly, there is an appropriate balance to be struck
between development on urban land and on greenfield sites; this
balance is especially important in Torbay, which has little scope
for outward expansion without conflicting with landscape, wildlife,
agricultural and countryside zone policies. Sensitive planning
control is necessary to ensure that the cumulative effects of
redevelopment do not damage the character and amenity of established
residential areas. This should seek to maximise the capacity
of urban areas without resorting to ‘town cramming’ or
unacceptable loss of public open space within urban areas.
H11 Open space requirements for new housing
Where appropriate, amenity open space, play areas,
wildlife areas and suitable landscaping should be provided in
residential developments, to meet the needs arising from the
proposal. The Council will seek to secure, through Section 106
Agreements, contributions to playing field provision. Failure
to secure such provision will be regarded as a material consideration
in determining the application.
Explanation:
3.136 PPG3 ‘Housing’ (2000) places emphasis on ‘greening’ the
urban environment and notes that local plans should contain policies
for the creation of open space to serve new development. The
provision of an adequate amount of open space for recreation
is an essential component in the well-being of communities. Current
Government guidance states that it is the responsibility of local
planning authorities to ensure that sufficient land is allocated
both for organised sport and for informal recreation.
3.137 There is also evidence that school leavers are demanding
higher standards of recreation than their predecessors. The working
age population has increased in recent years and therefore it
is even more important than in the past to ensure that sufficient
land comes on stream to meet future needs.
3.138 The Council is concerned that new residential areas are
designed to high environmental standards, which will require
the inclusion of landscaped areas and play areas. Most sites
are therefore likely to require such provision; however, one
or two dwellings occupying small infill sites or areas of low
density housing with adequate private landscaping, may not necessarily
require such provision. Housing for the elderly will generally
require some amenity open space and suitable landscaping.
3.139 The level of amenity open space required by the Council
will be determined by a number of factors, including the availability
of nearby open space, site, size and location. The South West
Biodiversity Action Plan sets a target for each home to have
public green space within 300 metres. The Local Authority will
seek to meet this target where it is reasonable to do so.
3.140 With regard to formal play areas, survey work shows that
there are significant deficiencies in all three towns in the
amount of playing areas, in the quality of provision and in the
extent of residential area lying outside a 1,000 metre radius
from public playing fields and pitches. PPG17 ‘Sport, Open
Space and Recreation’ (2002) requires standards to be set
locally based upon assessment of needs for open space. This will
be addressed through the Council’s Sports Strategy and
forthcoming assessment of playing fields. As an interim measure,
until such detailed assessments are available, the Council will
use the National Playing Field Association (NPFA) standards as
a guideline for provision, as appropriate for the proposed development.
They suggest a minimum play space standard of 6 acres per 1000
population. This can comprise the following play areas: playing
fields and other active recreation pitches for youth and adult
use at 10 - 11 ha (4.0 - 4.5 acres) per 1,000 population; alternatively,
equipped/adventure play grounds for children of whatever age
at 0.2 - 0.3 ha (0.5 - 0.75 acres) per 1,000 population; or finally
casual play space for young children within housing areas at
0.4 - 0.5 ha (1.0 - 1.25 acres) per 1,000 population. In the
case of proposals for small infill sites, of 5 dwellings or more,
where the requirement for play space cannot reasonably be met
on site, the developer may be expected to make a payment in lieu
of direct provision.
3.141 The value of these amenity areas will be minimised if
they are not adequately maintained, and all new amenity open
space must either be vested in the Council with a commuted payment
equal to seven years’ maintenance or managed by a specific
individual or group who shall be responsible for the maintenance
of the amenity open space to the satisfaction of the Council.
H12 New agricultural dwellings in the countryside
New dwellings in the countryside for agricultural
or forestry workers will only be permitted if:-
(1) they are required to satisfy a proven agricultural
or forestry need in the locality;
(2) no other dwellings, or buildings capable
and suitable for conversion, are available which could accommodate
the need;
(3) there will be no undue adverse impact on
the landscape or ecology of the area;
(4) the proposals are sited satisfactorily
within the agricultural or forestry holding, preferably in
association with an existing group of buildings;
(5) evidence can be demonstrated of the viability
of the holdings; and
(6) the proposed dwellings are of a size appropriate
to the needs of an agricultural or forestry worker.
Explanation:
3.142 PPG7 ‘The Countryside, Environmental Quality and
Economic and Social Development’ (1997) states that isolated
houses in the countryside require special justification and that
speculative development, by implication, cannot be justified.
In assessing each case on its merit, it is necessary to establish
that the needs for a new dwelling are genuine and whether the
business is sustainable and capable of supporting the dwelling.
PPG7 (Annex I) stipulates that a functional test will be necessary
in all cases to establish whether it is essential for one or
more workers to be readily available at most times. A financial
test may also be required if further evidence is needed of the
genuineness of stated intentions to engage in farming or forestry
or the size of the dwelling which the unit can sustain. In addition,
the proposal should be acceptable in the terms of its impact
on wildlife and the countryside. Attention is drawn to the nature
conservation and landscape policies of this Plan. The Council
may impose a condition removing permitted development rights,
to ensure that the dwelling is not extended beyond a size that
is reasonable for the scale of the agricultural operation. All
applicants will be expected to submit independent agricultural
appraisals in support of their applications.
3.143 In order to maintain such a dwelling as ‘agricultural’,
the Council will impose a condition restricting the occupation
of the dwelling to someone directly connected to agriculture.
Where a second or further dwelling is proposed, the Council will
insist that all dwellings are agriculturally tied to the farm.
H13 Residential caravans in the countryside
The introduction or intensification of land for
residential caravans, or the change of use of existing residential
caravan sites, chalet, caravan and camping sites, and other tourist
facilities to permanent residential accommodation in the countryside
will not be permitted when it would harm the character of the
countryside, or extend the urban area.
Explanation:
3.144 The principle of residential caravan sites has been long
established in Torbay, and the environmental and residential
quality of life on the sites is closely controlled by the Council.
The relevant legislation is Section 3 of the Caravan Sites and
Control of Development Act 1960, plus the Caravan Sites Act 1968,
and Mobile Homes Act 1983.
3.145 Most of the existing sites are small and well landscaped
and fit acceptably into the urban fabric without serious damage
to the residential quality of life. However, some of these sites
are in remote / urban fringe / ribbon locations where countryside
protection policies often apply. In these environmentally attractive
surrounds to Torbay, the introduction, or intensification of
such sites will not be encouraged.
3.146 Should the use of these rural or urban fringe sites for
caravans, at some time in the future, prove inappropriate to
the owner(s), the replacement with permanent, traditionally built
dwellings will not be acceptable, as this would conflict with
landscaping and countryside policies and promote an unsustainable
pattern of out of town development.
H14 Caravan sites for travelling people
Applications for caravan sites, including residential
sites for settled occupation, temporary stopping places and transit
sites, for travelling people will be determined in accordance
with the following criteria:-
(1) sites will be acceptable within the built-up
area, provided that their operation is not to the detriment
of the visual amenities of adjoining areas, and subject to
satisfactory landscaping;
(2) sites should not be to the detriment of
the amenities of adjoining areas in respect of noise and other
disturbances arising from the movement of vehicles to and from
the site, the stationing of vehicles on the site, and any on-site
business activities (which should at all times be incidental
to the residential use of the site);
(3) sites should be provided with a satisfactory
means of vehicular access, together with adequate provision
for turning and parking;
(4) sites should be provided with a reasonable
level of essential services including access to drinking water,
refuse collection and sewage disposal;
(5) sites should be located within reasonable
distance of local services and facilities (e.g. shops, schools
and hospitals);
(6) temporary stopping places and transit sites
may be acceptable on temporary vacant/unused land, subject
to the above criteria; and
(7) sites will be acceptable outside the built-up
area only if they are well screened and do not conflict with
prevailing landscape, nature conservation, countryside and
agricultural protection policies.
Explanation:
3.147 The term ‘travelling people’ includes a diverse
range of groups of people for whom travel forms an essential
part of their lives. Circular 1/94 ‘Gypsy Sites and Planning’ defines
gypsies as “persons of nomadic habit or life, whatever
their race of origin.” The Council recognises that their
particular land-use requirements for accommodation and work need
to be met, just as for the settled population. Many of these
people are self-employed, either on a permanent or seasonal basis,
in activities specifically associated with their itinerant lifestyle.
3.148 On the basis of the Council’s very low returns to
the six-monthly counts of gypsies and other travelling people
during recent years, and the relatively small number which passes
through the area in the intervening periods, it is not considered
that a need exists for the allocation of specific sites for travelling
people in the Local Plan.
3.149 Changes in Government policy concerning the repeal of
the statutory duty of local authorities to provide accommodation
on caravan sites for gypsies, and the withdrawal of related funding
arrangements, could result in new applications for privately
owned and operated sites.
3.150 It is envisaged that a demand could occur for one or more
of the following types of site:-
1. residential sites for settled occupation (with infrastructure
including provision of sanitation and other services);
2. temporary stopping places (with normally only basic facilities);
and
3. transit sites (with possibly limited facilities).
3.151 Clearly, the nature of individual sites will vary in terms
of location, size, characteristics and services provided according
to the type or site required.
3.152 The criteria put forward attempt to reflect the variety
or circumstances which might surround any applications which
may be submitted. At present, there are no sites within Torbay
which accommodate travellers and no sites with the benefit of
planning permission.
3.153 There may be circumstances where planning conditions can
be used to overcome objections to particular proposals. The range
of issues which the Council might seek to address in this manner
include screening / landscaping and restrictions on the business
use of site, in order to limit the effect of visual impact and
noise on neighbours and surroundings. Conditions limiting development
for a specific period may be particularly relevant where temporary
sites are proposed on vacant land and sites awaiting development.
3.154 Current Government Guidance set out in Circular 1/94,
outlines in more detail a range of facilities which are likely
to be appropriate for each type of site. In addition, a caravan
site may require a site licence under the Caravan Sites Act,
which specifies how sites should be regulated and equipped.
H15 House extensions
Proposals for house extensions will not be permitted
where:-
(1) the plot is not large enough to accommodate
the extensions without resulting in a cramped or over-developed
site;
(2) the extension would dominate or have any
other adverse effects on the character or appearance of the
original property or any neighbouring properties, or on the
street scene in general;
(3) the extension would cause harm to the amenity
of nearby properties, e.g. through overlooking, overbearing
impact, loss of light or privacy;
(4) the extension would take existing or potential
garage and/or parking space where no alternative exists to
serve either the existing or proposed development; or
(5) highway safety would be impaired.
Extensions to listed buildings and buildings
in Conservation Areas, and in certain landscape and policy areas,
are also subject to other relevant policies in the Local Plan.
Explanation:
3.155 Although the majority of house extensions are relatively
small in scale, they can cause problems for adjoining properties
due to loss of privacy or overbearing impact.
3.156 It is also important that house extensions respect the
character of the original building and the surrounding area and
should therefore be of an appropriate scale or design. Resultant
loss of off-street parking provision can also lead to loss of
residential amenities for neighbouring properties.
3.157 Not all house extensions require planning permission;
in some situations they may be permitted development under the
Town and Country Planning General Development Order. However,
permitted development rights are complicated and affected by
many factors. In some cases normal permitted development rights
have been taken away by planning condition or legal agreement.
Permitted development rights relate largely to dwelling houses
and therefore other types of property, such as flats, require
planning permission for most alterations and extensions.
3.158 For the above reasons, it is usually advisable to contact
the Council before any work is undertaken. The Council’s
Development and Conservation Services Division is able to advise
on such matters.
3.159 Each planning application will be judged on its merits
against the above criteria and more detailed guidance is given
in the Environmental Guide. It should be noted,
however, that not all properties are capable of extension due
to their design, site characteristics and relationship with other
properties.
3.160 Policies in the Built Environment Chapter seek
to ensure a high standard of design, in particular Policies
BE1 and BE2. Other relevant Local Plan
policies include those affecting listed buildings (BE6-BE7),
conservation areas (BE5) and landscape (L1-L10).
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