- Decision
- dismissed, 28 September 2026
- Decided by
- Planning Inspector: R Walker
- Authority
- Preston (North West)
- Appeal reference
- 6009669
- Application reference
- 06/2026/0279
- Procedure
- written representations
- Development
- Change of use from a five-bedroom dwelling (C3) to a six-bedroom HMO (C4) in a Grade II listed terrace
- Site context
- inside settlement, listed building setting
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4, DP3(3)
- Development plan policies
- Preston Local Plan HS7, AD1
- Main issues
- character and living conditions; balance and mix of housing
Summary
Conversion of a five-bedroom family house in a Grade II listed Preston terrace to a six-bedroom HMO. Five of the terrace's houses, clustered next to the site, are already HMOs. The inspector found a further HMO would worsen the overconcentration and cause cumulative noise and disturbance, conflicting with HS7/AD1 and with DP3's liveability principle. Under S4 that failure meant refusal. Dismissed.
Issues and findings
- Transition. "The main parties were invited to comment on any implications for the appeal of this change" (DL ¶3).
- Concentration. "the number within what is a very short section of Broadgate indicates a particularly high concentration of HMOs in this area" (DL ¶8). "This exacerbates the existing over concentration of such properties and the imbalance in the mix of housing in the area" (DL ¶9).
- Plan policies consistent. HS7 and AD1 "are consistent with Policy DP3 of the Framework, which seeks, amongst other things, to create well designed places which achieve liveability, support healthy, mixed, vibrant and integrated communities and function well over time" (DL ¶13).
- Plan-making policies. HO5 and HO6 "are plan making policies rather than decision making policies and so not determinate" (DL ¶14).
- Heritage: NO HARM (DL ¶16).
- S4 via DP3. "in accordance with Policy S4 of the Framework, the failure to comply with a relevant national decision-making policy (DP3) means that the proposal should be refused" (DL ¶22).
Planning balance
S4. Limited benefits against harm to character and living conditions through overconcentration. DP3 is treated as a refusal-type policy that decides the S4 balance (DL ¶22), without a clear-justification finding.
What made the difference
The cluster of five HMOs within a few doors. The inspector judged overconcentration on the local evidence even without a numerical threshold in the plan.
Transferable points
- HMO overconcentration can be a DP3(2)(a) liveability conflict ("mixed, vibrant and integrated communities") and so engage DP3(3) and S4(2)(c) (DL ¶13, ¶22).
- There is no need for a numerical threshold: overconcentration is a planning judgement on local evidence (DL ¶7–8).
- HO5 and HO6 are plan-making policies and cannot be refusal grounds in themselves (DL ¶14).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3(2)(a) | fail | five of the terrace's HMOs clustered at Nos 3-8; another HMO worsens the imbalance and cumulative noise and disturbance; conflicts with the DP3 liveability principle (DL 8-13) | |
| DP3(3) | fail | failure to comply with DP3 treated as a "should be refused" policy through S4; no clear-justification step (DL 22) | |
| Transitional(2) | accord | HS7 and AD1 "consistent with Policy DP3 of the Framework" (DL 13) | |
| HO5 | not-engaged | HO5 and HO6 correctly identified as plan-making policies, not determinative; objectives of Chapter 6 still noted (DL 14) | |
| HE6 | neutral | listed building consent already granted for internal works; no harm to the Grade II terrace (DL 2, 16) | |
| S4 | fail | limited benefits; DP3 failure means refusal under S4 (DL 21-22) |
Key facts
- Five HMOs within Nos 1-18 Broadgate, clustered at Nos 3, 4, 5, 6 and 8 (DL 8)
- Emerging Central Lancashire Local Plan HS10 and a new Article 4 Direction not yet in force; diminished weight (DL 15)
- Fallback of six adults living together receiving care not shown to be realistic (DL 19)
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.