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Planning appeal decision

Dismissed9 April 20253349319

22 Kellaway Avenue, Bristol, BS6 7XR

Planning appeal 3349319 at 22 Kellaway Avenue, Bristol, BS6 7XR (Bristol City Council) was dismissed on 9 April 2025 by Inspector Law T, by written representations. The main issue, as the Inspector framed it: Whether the proposal would provide acceptable living conditions for future residents, with particular reference to privacy, outlook, light and external amenity space.

application to convert the existing ground floor health and fitness facility (Use Class E) and combine with existing 1st and 2nd floor small 4 -person house in multiple occupation (HMO) to create a single large 8 person HMO (sui generis). External works include replacing the existing shopfront by windows to the communal living space and hall; removing the section of roof which currently covers the path joining the two parts of the building (and a gym room) and inserting roof lights to the rear of the property (above the kitchen and corridor)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Law T
Postcode
BS6 7XR

Main issues, as the Inspector framed them

  • Whether the proposal would provide acceptable living conditions for future residents, with particular reference to privacy, outlook, light and external amenity space
  • Whether the proposed development constitutes a loss of an employment use and if so, whether the proposal would meet the requirements of development plan policy
  • Whether the proposal would lead to a harmful concentration of houses in multiple occupation in the local area, having regards to local planning policy

What decided it

The unacceptable living conditions for future occupiers of Bedrooms 2 and 3, caused by overbearing boundary features restricting light and outlook, and lack of privacy from the communal courtyard, which could not be overcome by the fallback position argument.

What the Inspector cited

Development plan policies
CS Policy BCS21SADMP Policy DM14SADMP Policy DM27SADMP Policy DM29CS Policy BCS7CS Policy BCS8SADMP Policy DM12SADMP Policy DM2SADMP Policy DM23SADMP Policy DM32CS Policy BCS10
National Planning Policy Framework
Paragraph 85

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.