®Planning appeal decision
38 Kilworth Avenue, SOUTHEND-ON-SEA, SS1 2DT
a change of use from 6-person HMO (class C4) to 8- bedroom HMO (sui generis), infill window at ground floor level on side elevation and provide associated bin and cycle stores at rear without complying with a condition attached to planning permission Ref 24/00441/FUL, dated 29 May 2024
- Authority
- Southend-on-Sea City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Grierson E
Main issues, as the Inspector framed them
- Whether the appellant can use section 73 of the Town and Country Planning Act 1990 to vary condition 7 to allow 10 bedrooms and 10 occupants, given the Finney principle that a section 73 application cannot be used to obtain a permission that would require variation to the operative part of the original planning permission
What decided it
The proposed variation to allow 10 bedrooms would conflict with the original description of development (8-bedroom HMO) and therefore cannot be made under section 73; a fresh planning application would be required instead.
Plan policies cited: Core Strategy (2007) Policies KP2, Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1, Development Management Document (2015) Policy DM3, Development Management Document (2015) Policy DM8
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.