Casebook: Appeal cases - Housing: Conversion. Condition deleted in balanced community row

An occupancy condition imposed on a planning permission for the conversion of a building in Nottingham into two separate dwellings has been deleted as unnecessary and unreasonable.

The condition restricted occupation of each property to a single person or people living together as a family. The council explained that the condition had been imposed to ensure a wide range of both small and large properties in the city, with the aim of creating mixed and inclusive communities.

It argued that should the property be occupied by students, this would make a small but measurable change in the character of the area by creating social imbalance, loss of community spirit and a potential increase in antisocial behaviour. But the inspector concluded that the dwellings would continue to contribute towards a balanced mix of housing types without the condition.

The council, he noted, appeared to have imposed the restriction to restrict the number of students living in the area. However, its wording would prevent other people from living as a group, including doctors and other staff at a nearby hospital. The restriction was unreasonable, he decided.

DCS No: 41407105; Inspector: Jeremy Eagles; Hearing.

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