Controversial HMO extension approved despite planning errors

The proposal will convert the existing six-bedroom HMO into a seven-bedroom property accommodating up to eight tenants. It also includes changes to the roof and windows.

Portsmouth City Council follows a ten per cent rule, meaning no more than 10 per cent of properties within a 50-metre radius can be HMOs. When No.81 was granted HMO status in 2020, there were four other HMOs nearby, and its approval brought the total to exactly 10 per cent, in line with policy.

However, shortly after, another HMO at 73 Stubbington Avenue was approved, before No.81’s final decision. This meant the actual HMO percentage should have been 11.76 per cent, but the mistake went unnoticed due to COVID-19 disruptions.

In 2022, yet another HMO at 78 Stubbington Avenue was approved, as it still met the rules at the time. Since then, the proportion of HMOs near No.81 has risen to 13.46 per cent. Even so, the council maintains that No.81’s HMO status was lawfully granted and that the new changes do not increase the number of HMOs, meaning the proposal still complies with regulations.

Several councillors were frustrated with the decision, saying past errors had damaged public trust. Planning committee chair councillor Gerald Vernon-Jackson acknowledged that mistakes had been made, calling the situation a "regrettable mistake."

Cllr Russell Simpson was more critical, describing the planning department’s record-keeping as a "mess" and arguing that their system was "not up to date then and probably still not up to date today."

He said it was no surprise that residents had lost faith in the planning department and the council. He believed rejecting the application would prove the council was willing to "own up to our mistakes" rather than making "this mistake even more of a failure."

However, Vernon-Jackson defended the decision, pointing out that No.81 is already an HMO and the proposal only makes it "slightly bigger." He argued that there were no strong legal grounds for refusal and that any rejection would likely be overturned on appeal. He assured councillors that the planning department was working to prevent similar mistakes in the future.

Cllr Matthew Cordy proposed rejecting the application, saying "errors" had been made and that the council should not be encouraging overcrowding. Cllr David Ashmore also raised concerns, warning that approving the expansion could set a precedent for landlords to "exploit" the system.

Despite these objections, the committee approved the application by six votes to four, allowing 81 Stubbington Avenue to expand its HMO capacity.