Overturned on Appeal

1 Holly Road, Northampton

Planning Appeal | HMO | Northampton

At 1 Holly Road, Northampton, our proposals to reconfigure an existing HMO were refused by West Northamptonshire Council on a single issue: the potential impact of additional occupants on neighbouring amenity.

We believed the decision was worth challenging.

The appeal was allowed and planning permission granted.

The Project

The property was already an established 9-person HMO. Our proposals introduced internal reconfiguration and a lower-ground-floor lightwell, allowing the property to accommodate up to 19 residents.

Importantly, the Council accepted many aspects of the scheme. The accommodation complied with the relevant HMO space standards, sufficient daylight was provided, the lightwell was considered to have no material impact on the street scene, and the property was considered sustainably located.

The refusal came down to one issue: noise and disturbance to neighbouring properties.

Why We Challenged the Decision

The Council considered that increasing occupation from 9 to 19 residents would result in significantly more activity and potential disturbance.

However, an earlier application at the same property had also proposed occupation by 19 residents. In assessing that scheme, the Council had previously stated:

“The internal reconfigurations will have no impact on any neighbouring properties.”

The Council subsequently changed its position, relying partly on an appeal decision concerning a different HMO elsewhere in Northampton.

We did not believe that comparison reflected the particular circumstances of Holly Road.

The Inspector Agreed

The Planning Inspector visited the site and considered the actual relationship between the HMO and neighbouring properties.

Crucially, the Inspector questioned the Council's change in position, describing it as:

“difficult to reconcile”

The Inspector also found that the proposed layout, position of communal areas, existing HMO use and relationship with neighbouring properties did not support the level of harm anticipated by the Council.

The conclusion was clear:

“I am satisfied that there would be no material harm to the living conditions of neighbouring occupiers in this particular instance.”

Appeal Allowed

The appeal was allowed on 10 April 2024, granting planning permission for the alterations and occupation by up to 19 residents, subject to conditions.

The Inspector found the proposal acceptable specifically in relation to noise, disturbance and neighbouring amenity — the very issues upon which the Council had refused permission.

Knowing When to Challenge a Refusal

Not every planning refusal should be appealed. Sometimes redesign or negotiation is the better route.

But planning decisions need to respond to the specific circumstances of a site, rather than assumptions about a particular type of development.

At Holly Road, we believed the evidence supported the scheme and stood behind it.

The Planning Inspector agreed.

Samrai Development Studio

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