# 90 Park Road, Wigan

- **Decision:** dismissed, 21 September 2026
- **Decided by:** Planning Inspector: N Duff
- **Authority:** Wigan (North West)
- **Appeal reference:** 6008977
- **Application reference:** A/25/099638/FULL
- **Procedure:** written-representations
- **Development:** Retrospective change of use of terraced house to 6-person C4 HMO with rear dormer and rooflights
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S4(1), P3, DP3
- **Development plan policies:** Wigan Core Strategy CP6, CP7, CP10, CP17, Places for Everyone JP-P1, JP-S1, JP-C8, UDP A1S, HMO SPD
- **Main issues:** mixed communities, neighbour living conditions, future occupiers
- **Tags:** tier-2, s4-within-settlement, s4-substantially-outweighed, hmo, retrospective, parties-consulted-on-2026-framework

## Summary
A 6-person HMO in a Wigan terrace, begun around when a borough-wide Article 4 Direction took effect, was dismissed. It would sandwich a non-HMO house between HMOs, and add noise and on-street parking pressure. Under S4, the inspector found P3 and DP3 conflicts substantially outweighed the modest housing-choice benefit and the L2 airspace benefit (DL ¶41).

## What made the difference
The SPD's sandwiching test, and the treatment of parking competition as a P3 living-conditions harm. Contrast PINS-6008643 (Southend), where parking stress was amenity-only and not enough under S4. The letter also treats a rear dormer as L2(1)(d) "airspace" development (DL ¶40).

## Policy findings
- **S4(1): fail.** modest HMO benefit and L2 airspace (dormer) benefit substantially outweighed by P3 and DP3 conflicts (DL 39-41)
- **P3: fail.** sandwiching of No 92 between HMOs; cumulative noise and on-street parking competition harm neighbours (DL 8-24, 41)
- **L2: benefit.** dormer and rooflights treated as use of airspace above residential premises (DL 40)

## Key facts
- Below the 10% concentration threshold, but sandwiches a mid-terrace non-HMO between HMOs at Nos 88 and 94 (DL 7-9)
- Borough-wide Article 4 Direction from 31 Aug 2025; no evidence the use began before then (DL 2, 33-35)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008977
- https://appeal-planning-decision.service.gov.uk/published-document/dad0d8ae-d4d3-48e9-8572-99dee6cbd0fd

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008977.html

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