A nine-bedroom HMO – described as one of the largest in the ABC borough and located in a “predominantly residential” area – has been granted approval at Hill Street in Lurgan.
Legal advice was taken, behind closed doors, during the course of ABC Council’s planning committee sitting in April.
A supporting speaker on behalf of CMKAS Ltd had described the accommodation as “hotel-like” and aimed at “young, professional types”.
But DUP Councillor Kyle Moutray had said he was not satisfied that there was enough evidence before the committee to make a decision.
A recorded vote, however, saw approval being granted.
The property is currently a five-bedroom mid-terrace house, located “outside Lurgan town centre”, at 82 Hill Street.
Principal planning officer Roisin Hamill presented her report – with a recommendation to approve – to committee.
In doing so, she said: “There is one other HMO in Hill Street and a range of other uses in the vicinity of the site, including residential. The relevant policy consideration for the application is provided for by the SPPS (strategic planning policy statement).
“Given the location of the application site close to the town centre boundary in an area of mixed use, the proposed development will retain the building in residential use, and the fact there are no physical alterations externally, officers are satisfied there will be no adverse impact on the design of the host property, the character of the area or the amenity of neighbouring properties.
“ Officers, in consultation with DfI Roads, are satisfied that the proposed development will not prejudice road safety or significantly inconvenience the flow of traffic. Traffic surveys were submitted to demonstrate there is sufficient on street parking available.
“There were 10 letters of objection to the proposal received and the matters raised relate mainly to increased noise, parking and congestion, devaluation of properties, waste, rubbish, anti-social behaviour, safety and security.”
These, said Ms Hamill, had also been “addressed” in her report to committee.
And she added: “On balance, officers are of the opinion that the proposed development complies with the Craigavon Area Plan, the SPPS, and all other relevant policies, and on this basis, and subject to the conditions, is it recommended that planning permission be granted.”
Ms Hamill had revealed the layout of the house in question and what was intended.
Currently, there is a lounge, kitchen and dining room on the ground floor and five bedrooms upstairs. She said there would be three single bedrooms created on the ground floor and six being created on the first floor by subdividing existing bedrooms.
Showing images of the interior of the property, the planning official said a “lot of the internal works” had already been completed, as these did not require planning permission.
Meanwhile, parking analysis carried out at different times on different days indicated “ample” spaces available.
Speaking in support of the application, and given three minutes to make his case, Irvin Mossman said: “We’re actually saving a building here that has been languishing on the market, we’re maintaining this residential use. With regards noise etcetera, environmental health have highlighted no concerns.
“There was some suggestions within objections about security and safety and waste and anti-social behaviour.
“Co-living, as I prefer to call it, are some of the most heavily regulated properties within our community. Not only do we have to have a licence, not only do we have this council involved, we’ve Belfast Council, we have environmental health involved.
“This property will be sublet through an estate agent. There’s a plan in place there to deal with all of these matters, and the applicants have a track record with other properties that they own of contributing to the locality and ensuring that there is a level of vitality brought to this district.”
DUP Councillor Kyle Moutray had concerns on many levels – not least residential amenity and the size of the HMO proposed.
“We’re not led by an HMO policy and that’s been a concern that’s been raised many times over the years, so we have to base this off the strategic planning policy statement that’s in front of us here,” he said. “And as we know, the SPPS supports sustainable residential development only where it does not harm local character and amenity.
“I think it’s important that we, as a committee, just flesh that out a little bit here. My particular concern, I suppose, first of all, would be that this is a nine-bedroom HMO. I’ve looked at the statistics pertaining within the HMO unit in Belfast and the statistics on the licensed HMOs in this particular borough. A nine-bed HMO would represent one of the largest HMOs in this area, so I would have concern with the implications there on the character of this street and particularly on intensification.
“A nine-bed HMO, that represents a specific high level of activity associated with up to nine occupants. So can I just ask, particularly in terms of the impact that this proposal will see on intensification, how this has been assessed in terms of residential amenity?”
Planning official Roisin Hamill said that in terms of residential, they had to “consider the character of the area”.
And she continued: “ We’re looking at the area that it’s located in at the moment. It is a fairly mixed use area. There are single residential properties, but further down Hill Street there are other higher density residential units as well. In terms of the number of people entering to and from the property, well this is a five-bedroom property at this moment in time. Potentially, you could have a family of six people coming and going at any one time.
“ This is bringing it up to nine, so it’s an extra three people. In the context of the wider area, we’re of the view that it doesn’t necessarily change the character or impact on the amenity. We have been in consultation with environmental health and they have come back to us and advise that they have no concerns with regard to the amenity and the impact on the area.”
But Councillor Moutray responded: “I take note of the fact that the report states that this is an area of mixed use. I think I’m correct in saying that, given my local knowledge – I’ve looked at the area closely, even from using tools like Google Maps – I would personally have the assessment that this is a predominantly residential area. I’ve gone off and I’ve looked at the Electoral Register, for example, and I’ve seen what appears to me to be 70 single dwellings in this particular street. There’s only one other HMO and I would add that it’s nearly half the size of this one just a few doors down.”
He asked how planners actually quantified if the area was of mixed use, insisting: “It appears to be predominantly residential, and certainly, in the context of this specific street.”
Ms Hamill said she took on board what was being said and explained: “For us to assess the character of the area, you have to define the area. What is the area you’re looking at? We’re looking at Hill Street here and some of the satellite streets and yes, I agree that it is predominantly residential. There are a large number of residential properties, but there are other uses here. There’s a Housing Executive building. There’s a surgery. There’s a church. So there are a mix of uses in this street and down the satellite streets and that’s what we’re looking at as a whole.
“But we do acknowledge there’s a high level of level residential properties here, but this is still a residential use. It’s just a higher density residential use and that has to be taken into account as well.”
In response to a question from Sinn Fein Councillor Paul Duffy, the official confirmed that the property would comprise nine single bedrooms.
“The pictures seem like a high quality finish at the minute. It appears to be a lovely building inside,” remarked Councillor Duffy, before the supporting speaker was invited to detail what was intended in terms of use.
“What type of clientele would you be hoping to put in there?,” asked committee chair, Councillor Kevin Savage. “Would it be marketed at young professionals or who would your target audience be?”
Mr Mossman elaborated: “Like any of us with an investment, great care has been taken by the applicants to ensure that their money will not be lost, for want of a better phrase, and they have produced a very high end finish. I would describe it almost as hotel-like and it is actually better finished than my own house.
“So, because of that high level of investment and a care to see a return on that investment, the applicants are, and have approached, local pharmaceutical companies. They’ve also approached local IT companies. They’ve also approached the Health Board and they’re seeking young, professional types, who currently, because of the way the housing market is in Northern Ireland, priced out of other situations, and this becomes a realistic option for them. So it is high end professionals, young range of people that they’re aiming for.”
Councillor Moutray said it had already been established that the property would remain in residential use.
And he added: “There’s been a wee bit of debate there, just with regards to whether the entire street in its own context is considered residential or that of mixed use. I still think it’s worth trying to flesh that out a little bit more.
“ A nine-bedroom HMO represents a significantly higher level of intensity and I think that’s the concern that I have, particularly when you put that into consideration. Looking at the character of the area, it’s materially different from a single dwelling and the upwards of 70 single dwellings that are on that street, or even the apparent average of HMOs across the borough, and I’ve done some of my own research to that end.
“I think this is out of step with the average of HMOs within the borough. And again, I think it’s worth having a closer look at that. I just don’t think that we can rush into making a decision without establishing with evidence whether the street is predominantly made up of single family dwellings. I would be minded certainly to look at more evidence and basing whatever decision this committee makes on that.”
Having been asked what evidence he sought, Councillor Moutray continued: “I would be inclined to move towards looking at a street audit, if that’s something that can be done. Again, I think it would be useful for this committee to look at the average size of HMOs across the borough and to bring that evidence forward to committee in future as well because, like I’ve said, this is a nine-bed HMO. It’s on the higher end of intensity and it’s worth taking that into consideration.”
After going into committee to consult with council’s solicitor, Councillor Paul Duffy recommended, and Councillor John Og O’Kane seconded, that the HMO should be approved.
Before moving to a making a decision, Councillor Moutray asked for a recorded vote and stated: “I still just don’t feel confident that this has satisfied my concerns with regard to SPPS and with regards to amenity and character of the area, so I will not be supporting the officer’s recommendation.”
After the subsequent vote, the development was approved on an eight to five margin in favour.
Supporting the approval were Councillor Kevin Savage (SF), Councillor Mary O’Dowd (SF), Councillor Fergal Donnelly (SF), Councillor Paul Duffy (SF), Councillor Julie Flaherty (UUP), Councillor Peter Lavery (Alliance), Councillor Sorchá McGeown (SF) and Councillor John Og O’Kane (SF).
Voting ‘no’ were DUP representatives, Councillors Kyle Moutray, Scott Armstrong, Alan Mulholland and Ian Wilson, and Alderman Paul Rankin.
