The Kebab House, 6 St. Michaels Hill, BRISTOL, BS2 8DT

Main issues, as the Inspector framed them

• Whether or not the use of the property as a small HMO is acceptable, having regard to the policies and guidance relevant to such development
• The effect of the development on the living conditions of neighbouring occupiers
• The effect of the development on the living conditions of its occupiers
• Whether or not the proposal would preserve the Grade II listed building, 6-16 St Michael's Hill, or any features of special architectural or historic interest which it possesses
• Whether or not the proposal would preserve or enhance the character or appearance of the conservation area

What decided it

The existing harmful concentration of HMOs at 25% within 100 metres (far exceeding the 10% SPD threshold), combined with the loss of a 4-bedroom family home, the sandwiching effect on neighbouring residents, and the poor living conditions for future occupiers, meant the adverse impacts significantly and demonstrably outweighed the limited housing benefit even under the tilted balance.

The Council's failure to demonstrate five-year housing land supply engaged the presumption in favour of sustainable development under paragraph 11d) of the Framework, but the adverse impacts of granting permission (loss of family housing, harmful HMO concentration, neighbour amenity harm, poor future occupier conditions, and unresolved heritage concerns) significantly and demonstrably outweighed the limited benefit of providing one residential unit, such that the presumption was not engaged and the proposal should be refused in accordance with the development plan.