- Decision
- allowed, 24 September 2026
- Decided by
- Planning Inspector: G Sylvester
- Authority
- Southend-on-Sea (East of England)
- Appeal reference
- 6010908
- Application reference
- 26/00378/FUL
- Procedure
- written representations
- Development
- Change of use of dwellinghouse to 8-bed sui generis HMO with flat-roof dormer, rooflights, chimney removal and bin and cycle storage
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- HO9
- Development plan policies
- Southend DM Document 2015 DM1, DM3, DM8, Southend Core Strategy 2007 CP4, KP2, Essex Approved Code of Practice for HMOs
- Main issues
- living conditions of future occupiers
Summary
An eight-bed HMO in a Southend terrace with a shared kitchen/diner but no living room. Allowed: the communal space met the Essex HMO code and would allow all occupants to use it at once, so living conditions were adequate under local policy DM8 and HO9.
Issues and findings
- Transition. "All references to the Framework are to the revised version" (DL ¶2).
- Communal space: PASS. "the size and configuration of the kitchen/dining room, including its facilities, would be sufficient to allow future occupants to use it simultaneously and in comfort" (DL ¶12).
- HO9. "I find no conflict with this Policy insofar as it requires such accommodation to provide living conditions appropriate to the needs of its residents, including adequate living and storage space" (DL ¶21).
Planning balance
None; complies with the development plan (DL ¶30).
What made the difference
Detailed, dimensioned floor plans showing dining space for all eight occupants, which distinguished earlier dismissals based on indicative plans.
Transferable points
- HO9's "adequate living and storage space" can be met by an open-plan kitchen/diner meeting the local HMO code, without a separate living room (DL ¶8, ¶21).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HO9 | pass | even if specialist accommodation, living and storage space adequate; open-plan kitchen/diner (14 + 10.6 sq m) meets Essex Code for HMO without living room (DL 6-16, 21) |
Key facts
- Extant permission for 7-bed HMO (appeal 6003558) as fallback, not needed (DL 20)
- Distinguished Honiton Road (indicative plans) and Ambleside 6002178 (inadequate dining space) (DL 9, 17)
- Waste management plan condition refused as unjustified (DL 28)
- Parties given opportunity to comment on the 2026 Framework (DL 2)
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.