Sandwell Council refuses permission for 21 room HMO conversion after local residents contest approval at planning meeting

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Sandwell Borough Council's planning committee refused planning permission for a former pub to be converted into a large house in multiple occupation (HMO) despite permission being recommended by its planning department.

No overall objections to the change of use to a relatively large HMO were received either from the council's private sector housing team or from West Midlands Police and the planning department's recommendation for approval was based on there being no "significant concerns from a policy, design or highway perspective and [the conversion] would deliver a range of housing in a sustainable location".

The initial planning application decision had been deferred in November 2021 so that planning committee members could carry out a site visit before making their final decision at a committee meeting on 11th January. The report to the committee points out that "The application is being reported to your committee due to the volume of objections received" - 298 in total. The main reasons for objection were given as relating to the new proposed use of the building as an HMO including: the effect on the character of the local area; anti-social behaviour; transient nature of HMO residents; traffic; noise and "increased comings and goings".

To counter some of the objections a draft HMO property management plan was submitted by the applicant developer (who also already owned two existing HMOs in the area) and the planning officer noted, in terms of the area's character, that the HMO was a residential use in a residential area. On ASB the officer noted "appeal decisions allude to the fact that responsible management of HMOs is the paramount issue in respect of anti-social behaviour (which is beyond the scope of planning), and whilst the number of HMOs in the area has been brought to my attention, no evidence of anti-social behaviour from these existing HMOs has been provided by objectors or West Midlands Police." The officer also found no reason to recommend refusal of the application based on the issue of the "transient nature" of HMO residents.

Nevertheless, as reported in BirminghamOnline, a number of local residents attended the planning meeting and raised objections such that the committee refused the application based on "fear of crime and undermining the quality of life and community cohesion" in the area. A video clip of the meeting decision embedded in the BirminghamOnline report shows that this reason was made by reference to paragraph 92(b) of the NPPF (National Planning Policy Framework) under the section head "Promoting Healthy and Safe Communities".

Local residents quoted by BirminghamOnline raised drug dealing and cannabis use, falling house prices, harassment of young women and shoplifting from local shops as issues. One person reportedly said "They [HMO occupants] need the help, but why are these HMOs not built by our prisons where they can get proper help and support for their needs instead of in residential areas that can put the community, the children, the elderly, the vulnerable at risk".

The representative for the planning applicant countered, to no avail, that the other local HMOs run by the applicant housed single parent families and working adults and a similar demographic would be housed in the proposed new HMO. He also countered social media rumours that sex offenders would be housed in the building.

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