Exeter City Council has approved an outline planning application for a block of up to nine flats on the same site as it recently refused an application to construct a 26-bed purpose built student accommodation block despite a pending appeal against the previous decision.
Developer Sam Williams told last night’s council planning committee meeting that he still aims to build the student accommodation block but was applying to build flats on the site as what he called a “backstop” against the rejection of his appeal.
He confirmed that he would not withdraw his appeal were the committee to approve his application for the flats.
Howell Road garage covered in graffiti
The committee heard that the day after the council refused his student block application the garage currently occupying the Howell Road site had been covered with graffiti with his permission, an act described as “a child’s dirty protest” by Labour ward councillor Martin Pearce.
Liberal Democrat ward councillor Michael Mitchell said that the student block had been refused on community balance grounds, with well over half the residential property in the ward already occupied by students, and that local residents remained concerned that students would also occupy the development if it was built as residential flats instead.
He cited local planning powers which enable the city council to impose conditions requiring prospective residents to demonstrate a local connection in new private sector developments and urged the council to adopt these powers, in particular to limit co-living development proposals.
Illustrative front elevation of purpose built student accommodation block refused planning permission.
Source: Exeter City Council.
Robyn Connett, chair of Exeter St James Community Trust, said that local planning policy that is intended to prevent the conversion of residential property in the area to Houses of Multiple Occupation (HMO) does not work as it is not being enforced.
The Howell Road flats would become HMOs were they occupied by three or more unrelated people.
She added that were the council to approve residential flats on the Howell Road site nothing would prevent the building’s subsequent use as an HMO housing up to 30 students.
Illustrative front elevation of residential flats block approved planning permission.
Source: Exeter City Council.
A council officer said that while the city council had never enforced the policy preventing HMO conversions in St James, it had sought to address unlawful conversions informally.
Acknowledging that the credibility of the planning system depends on effective enforcement, he said that the city council had recently employed a planning enforcement officer after many years without one.
He added that the council would take enforcement action against unlawful use of the Howell Road development if it went ahead as residential flats but was found in use as an HMO.
The planning case officer added that the council would be able to assess future uses of the building via student council tax exemptions, prompting laughter in the public gallery.
The planning committee approved the application for the residential flats by five votes to four. All the Labour members present voted in favour.
A planning inspector will decide the developer’s appeal against the student accommodation block refusal at a later date to be confirmed, when case reference APP/Y1110/W/23/3325492 will appear on the planning inspectorate’s casework portal.
