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Planning appeal decision

Dismissed8 May 20253359826

5 Cromwell Road, Luton, LU3 1DP

Planning appeal 3359826 at 5 Cromwell Road, Luton, LU3 1DP (Luton Borough Council) was dismissed on 8 May 2025 by Inspector Bennett T, by written representations. The main issue, as the Inspector framed it: whether the proposed change of use is acceptable, with particular regard to flooding.

Change of use of a six person house in multiple occupation (HMO) class C4 to an eight person large HMO (Sui Generis)

Authority
Luton Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bennett T
Postcode
LU3 1DP

Main issues, as the Inspector framed them

  • whether the proposed change of use is acceptable, with particular regard to flooding
  • whether the proposed change of use is acceptable, with particular regard to the supply of larger homes
  • whether the proposed development would provide acceptable living conditions for future occupiers
  • whether the proposed development would provide acceptable living conditions for neighbouring occupiers with particular regard to noise and disturbance

What decided it

The failure to submit a site-specific flood risk assessment for development in Flood Zone 3, as required by NPPF Footnote 63 and Policy LLP1, rendered the proposal unacceptable and decisive to dismissal.

What the Inspector cited

Development plan policies
Policy LLP1Policy LLP15Policy LLP17Policy LLP25Policy LLP31Policy LLP32
National Planning Policy Framework
Paragraph 63

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.