®Planning appeal decision
38 Kilworth Avenue, Southend-on-Sea, SS1 2DT
Planning appeal 3355704 at 38 Kilworth Avenue, Southend-on-Sea, SS1 2DT (Southend-on-Sea City Council) was dismissed on 21 May 2025 by Inspector Grierson E, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- SS1 2DT
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.
What the Inspector cited
- Development plan policies
- Core Strategy (2007) Policies KP2Core Strategy (2007) Policy CP4Development Management Document (2015) Policy DM1Development Management Document (2015) Policy DM3Development Management Document (2015) Policy DM8
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.