# 34 Banwell Road, Odd Down, Bath (C3/C4 dual use, 4-bed HMO)

- **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)
- **Tags:** tier-2, hmo, plan-led, transitional-no-consultation

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008719
- https://appeal-planning-decision.service.gov.uk/published-document/b111ce29-c0fc-462c-9a65-09fd4db4a96e

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008719.html

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