Combining Shared Houses Approved On Brighton And Hove City Council Planning Appeal

A landlord’s application to convert two shared houses from small to large houses in multiple occupation (HMO) has been approved on appeal.

Brighton and Hove City Council originally refused the plans by Tangerine Property (Sussex) Ltd to extend into the roofs of 90 and 92 Southall Avenue, Bevendean, to create eight-bedroom houses, up from six.

The council refused the application in May 2024, as when 92 Southall Avenue secure change of use from a family home to an HMO on appeal, this took the number of shared houses above 10 per cent in a 50 metre radius, which would “not meet the aims of the policy which seeks to maintain mixed and balanced communities”.

Tangerine Property (Sussex) Limited, owned by Terry Mole and Marta Markiewicz, both 48, argued that there were no new HMOs and the density would not change.

The original application stated there was also no sandwiching of a private home between two HMOs and no continuous frontage of three HMOs, which complies with council planning policy.

Brighton and Hove City Council said that increasing the number of occupants from 12 to 16 would affect the balance of the community.

When granting the application on appeal, the planning inspector said that adding two more occupants to each house did not affect the density.

The planning inspector said:

“The council raises no concerns with the design and appearance of the proposed development, the standard of accommodation, the impacts on neighbours or sustainable transport.

“I have no reason to take a different view. Although I have noted the comments from interested parties regarding noise, parking, light spill, overlooking and a loss of privacy, no substantive evidence has been presented on these matters and based on the information presented, they do not form grounds to dismiss the appeal.

“I have been provided with photos of upended bins outside the appeal site.

"However, the appellant has stated the bins were upended after particularly windy conditions and I note the appeal includes the creation of bin stores to the front garden to prevent this happening again.”