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Planning appeal decision

Dismissed9 April 20253349319

22 Kellaway Avenue, Bristol, BS6 7XR

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)

Authority
Bristol City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Law T

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.

Framework references: 85

Plan policies cited: CS Policy BCS21, SADMP Policy DM14, SADMP Policy DM27, SADMP Policy DM29, CS Policy BCS7, CS Policy BCS8, SADMP Policy DM12, SADMP Policy DM2, SADMP Policy DM23, SADMP Policy DM32, CS Policy BCS10

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.