- Decision
- allowed, 16 September 2026
- Decided by
- Planning Inspector: R Dickson
- Authority
- Bath and North East Somerset (South West)
- Appeal reference
- 6008719
- Application reference
- 25/04545/FUL
- Procedure
- written representations
- Development
- Change of use of 3-bed dwelling to dual C3/C4 use as a 4-bed dwelling or HMO
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6)
- Development plan policies
- BANES Local Plan Partial Update 2023 H2, BANES Placemaking Plan D6, HMO SPD 2023
- Main issues
- living conditions of neighbours (noise)
Summary
A four-bed C3/C4 dual-use HMO in Odd Down, Bath was allowed. Noise would be little different from a family home, and although the neighbour would technically be "sandwiched" between two HMOs, the site layout avoided harm (DL ¶9-11). The case was decided on the local plan.
What made the difference
Open space, a footpath and a perpendicular orientation separated the neighbour from the other HMO, so breaching the SPD sandwich test caused no actual harm (DL ¶11).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3 | pass | noise from a 4-person HMO little different from a family home; SPD sandwich test breach not harmful given open space and perpendicular orientation (DL 8-12) |
Key facts
- Neighbour No 36 would be sandwiched between two HMOs, contrary to the SPD test, but separated by open space and a footpath (DL 10-11)
- Revised Framework changes "not material"; no comments sought (DL 3)
- EPC rating C or better required by condition (DL 15)
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.