Former Hull Grammar School and Community Centre, Cottingham Road, Hull

appeal 6010376·Kingston upon Hull·1 October 2026dismissed
Decision
dismissed, 1 October 2026
Decided by
Planning Inspector: A Hunter
Authority
Kingston upon Hull (Yorkshire and the Humber)
Appeal reference
6010376
Application reference
24/01144/FULL
Procedure
written representations
Development
Change of use, first and second floor extensions and external alterations of a former grammar school building to provide 37-bed student accommodation, with an office and store, parking and landscaping
Homes
37
Site context
inside settlement, conservation area
Green Belt
No
Housing land supply
3.16 years
Framework applied
August 2026 NPPF
Determinative policies
DP3(1), DP3(3), S4(2)(c)
Development plan policies
Hull Local Plan 2016-2032 (2017) Policy 7, Policy 13, Policy 14, SPD20 Houses in Multiple Occupation 2022
Main issues
character and appearance; loss of a community use; mixed and balanced community; living conditions

Summary

Conversion and upward extension of a former school building in Hull to 37 student bedrooms was dismissed on design alone. The inspector found against the Council on the loss of a community use, the concentration of houses in multiple occupation (HMOs) and neighbours' privacy. But the extensions conflicted with DP3(1) without clear justification, which engaged the S4(2)(c) refusal trigger and outweighed the benefits.

Issues and findings

Planning balance

Plan-led, with S4 as a material consideration. S4(2)(c) is paraphrased: "where there is conflict with one of the national decision-making policies which state that development proposals should be refused, this is likely to indicate the benefits are substantially outweighed by the adverse effects" (DL ¶70). Benefits: modest weight to the accommodation, substantial-weight policies CC2, CC3 and L2 acknowledged but discounted because a better designed reuse could deliver them or because of the character harm (DL ¶66–68). The benefits "are not considered to outweigh the conflict with Policy DP3" (DL ¶70).

What made the difference

The design of the extensions. Every other issue went the appellant's way, including a plan-policy conflict on loss of a community use that the inspector set aside under Annex A ¶2. A scheme that reused the building with extensions respecting its symmetry and the adjoining church would probably have succeeded on this reasoning.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
DP3(1)conflictflat-roofed first-floor extension, off-centre dormers and render create a top-heavy, discordant building; harm to the building and the immediate area (DL 8-10, 15, 69)
DP3(3)failconflict "without clear justification (as in this case)"; letter calls it "section (2) of Policy DP3" (DL 69)
S4(2)(c)failconflict with a should-be-refused policy indicates benefits are substantially outweighed; benefits do not outweigh the DP3 conflict (DL 70)
HC6not-engagedschool use held not to be a community use for the Framework because schools are not mentioned in HC6 or the Annex B definition of "community facilities"; the letter does not address the Annex B definition of "public service infrastructure" (DL 27-29)
Transitional(2)conflictvery-limitedHull LP Policy 13 held materially inconsistent with HC6 in treating a school as a community use, so very limited weight; HC6 "would outweigh the conflict" (DL 28-29, 65)
HE9neutralNewland CA preserved; buildings barely seen from within it; HE4 also cited (DL 12-13)
HE7(2)neutralno harm to locally listed 123-125 Cottingham Road (DL 14)
HO9accordlimitedmanagement plan condition would address HO9; compliance carries limited weight as no need shown (DL 44, 46, 48, 68)
HO7benefit"modest" weight (not in the weight vocabulary): no evidence of need for student accommodation outside the University Quarter, and the University says none is required, so not the substantial weight HO7 advocates (DL 60, 68)
CC2benefitsubstantial weight to improving energy efficiency of existing buildings noted, but achievable with a better designed scheme (DL 66)
L2(1)(d)(i)conflictairspace development must be consistent with the street scene and not harm the building's character; character harm "significantly limits" the L2 weight (DL 67)
L2(1)(d)(ii)accordprivacy of neighbours on Scholars Drive acceptable; 23.8 m minimum separation (DL 52, 54)
PSEDneutralneighbours with protected characteristics; refusal on those grounds would not be proportionate (DL 55-59)

Key facts

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.