- Decision
- dismissed, 11 September 2026
- Decided by
- Planning Inspector: S McIntyre
- Authority
- Birmingham (West Midlands)
- Appeal reference
- 6011088
- Application reference
- 2026/00761/PA
- Procedure
- written representations
- Development
- Change of use of dwellinghouse (C3) to small HMO (C4) for up to 5 occupants
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4(1), HO7, DP3(3)
- Development plan policies
- Birmingham Development Plan 2017 PG3, TP30, TP35, Development Management DPD 2021 DM2, DM11, HMO SPD 2022
- Main issues
- loss of family housing; living conditions of occupiers; neighbour amenity
Summary
The appeal was for a change of a Birmingham family house to a 5-person C4 HMO. It was dismissed. Neighbour amenity was acceptable, but there was no marketing evidence of a lack of family-housing demand and no adequate communal living space. In the S4 balance the inspector ran two Framework policies "in reverse". HO7's substantial weight was applied to the loss of a family home the needs assessment says is needed. DP3(3)'s substantial weight for complying with design policy became substantial weight against for breaching the local HMO space standard.
Issues and findings
- Transition. The parties were invited to comment on the August 2026 Framework (DL ¶4).
- Loss of family housing: CONFLICT (DM11, TP35). "no marketing evidence has been provided with the appeal, and I cannot therefore reasonably conclude that in this case there is a lack of demand for family housing in the area" (DL ¶10).
- Occupiers' living conditions: FAIL. "There is no single internal communal space sufficient to accommodate all occupants" (DL ¶12).
- Neighbour amenity: PASS. The street was mixed and near Alum Rock Road's commercial uses (DL ¶14-15).
Planning balance
This was the S4 balance (DL ¶19). The HMO would provide "a form of affordable housing for 5 people ... an efficient use of land", but with little evidence of meeting need, so limited weight (DL ¶20). Against it: "Policy HO7 ... includes ... homes needed for different groups assessed under policy HO1 which includes families with children. The Council has produced a housing needs assessment that indicates a need for family housing and in the absence of any other evidence regarding need I afford the loss of family housing substantial weight" (DL ¶21). And: "Policy DP3 3 states that substantial weight should be given to compliance with relevant development plan policies when assessing the design quality ... the proposal is contrary to Policy DM11 ... and I afford this adverse effect substantial weight" (DL ¶22). "the benefits of the proposal are substantially outweighed by the adverse effects" (DL ¶23).
What made the difference
The missing marketing evidence and the undersized communal space. The inspector turned both local shortcomings into substantial-weight Framework harms: HO7 applied to the lost family home, and DP3(3) applied to non-compliance. That is a notable reading. Both policies are drafted as benefit-side weights. Six months' marketing and a larger combined lounge/kitchen would likely have tipped the balance.
Transferable points
- HO7's substantial weight can be applied to the loss of a type of home an up-to-date needs assessment identifies (families with children via HO1) (DL ¶21). Compare PINS-6010946, which used HO1 directly.
- DP3(3)'s "substantial weight to compliance" with plan design policies was treated as substantial weight against non-compliance, including internal space standards (DL ¶22).
- An HMO serving undefined need gets limited weight in S4 (DL ¶20).
- An HMO licence under the Housing Act 2004 does not bear on the planning merits (DL ¶18).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S4(1) | fail | HMO benefits (limited) substantially outweighed by loss of family housing and inadequate communal space (DL 19-23) | |
| HO7 | harm | substantial | HO7 read in reverse - council HNA shows family-housing need, so LOSS of a family home given substantial weight against; no 6-month marketing evidence (DL 8-11, 21) |
| DP3(3) | harm | substantial | non-compliance with LP DM11 communal-space standard given substantial weight via DP3(3) (with DP3(2)(a) social interaction) (DL 12-13, 22) |
| P3 | pass | mixed commercial street; modest activity increase not harmful (DL 14-16) |
Key facts
- No marketing evidence (SPD requires 6 months city-wide) to show lack of family-housing demand (DL 9-10)
- Kitchen/diner too small and remote from communal room; no single space for 5 occupants (DL 12)
- HMO licence already granted under the Housing Act - a separate regime (DL 18)
Related decisions
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.