- Decision
- dismissed, 29 September 2026
- Decided by
- Planning Inspector: Elaine Moulton
- Authority
- Leicester (East Midlands)
- Appeal reference
- 6007630
- Application reference
- 20260070
- Procedure
- written representations
- Development
- Change of use from house (C3) to a 7-person house in multiple occupation (sui generis), retrospective
- Site context
- inside settlement, conservation area
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4
- Development plan policies
- Leicester Local Plan 2020-2036 Ho11
- Main issues
- housing mix and character; living conditions
Summary
A 7-person HMO in a Leicester terrace where HMOs already make up 15-20% of the stock. Dismissed. The inspector found a significant concentration in conflict with Local Plan Ho11, and cumulative noise and disturbance. Under S4 the modest benefits were substantially outweighed.
Issues and findings
- Concentration. "between 15 to 20% of the total housing stock are HMOs. In my judgement, this amounts to a significant concentration of HMOs and indicates the community in which the appeal site is located has become unbalanced" (DL ¶10).
- Living conditions. Reducing occupancy from 10 to 7 did not overcome "the broader concerns arising from the significant concentration of HMOs in the area" (DL ¶12).
- S4. "when assessed against the national decision-making policies in the Framework, the benefits of approving the development would be substantially outweighed by the adverse effects" (DL ¶19).
What made the difference
The ward-level HMO share taken from the Council's Article 4 review. Without a policy threshold, the inspector used that evidence to judge a "significant concentration" (DL ¶8-10).
Transferable points
- Where the plan sets no HMO threshold, a 15-20% local share can be a significant concentration on the Council's evidence (DL ¶8-10).
- Good access to public transport and services, and the more effective use of land, did not outweigh harm to housing mix in the S4 balance (DL ¶17-19).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S4 | fail | benefits (effective use of land, accessibility, local spending) substantially outweighed by harm to housing mix and living conditions (DL 16-19) | |
| P3 | harm | mapped: letter cites a Framework "objective" that development is appropriate for its location; cumulative noise and disturbance with other HMOs (DL 11-13, 18) | |
| HE9 | neutral | no external change; preserves South Highfields Conservation Area (DL 14-15) |
Key facts
- HMOs are 15-20% of the housing stock in this part of Stoneygate ward, which the inspector held a "significant concentration" (DL 10)
- Article 4 Direction area; occupancy reduced from 10 to 7 (DL 9, 12)
- New Local Plan adopted after the Council's decision; Ho10 renumbered Ho11 (DL 3)
- [object Object]
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.