Nine-Bed HMO Refused — Loss of Family Housing, Parking and Substandard Rooms in Barnet

Case Summary

A planning application was submitted to convert 38 Margaret Road, a family dwelling in Barnet, into a nine-bedroom House in Multiple Occupation in Sui Generis use. The proposal included demolition of the rear conservatory, conversion of the garage into a habitable room, insertion of new window openings, and associated refuse, recycling and cycle storage. Planning Voice was instructed by a resident of Margaret Road who was concerned about the cumulative impact of conversions on the street, the loss of another family home, and the already severe parking pressure in the area. The application was refused on four grounds.

The Client’s Concern

The client lived on Margaret Road and had witnessed a growing trend of conversions and intensification in the immediate area, including several nearby purpose-built blocks of flats and the redevelopment of the former gasworks site. Margaret Road was already over-parked, with kerbside space increasingly consumed by residents of the new gasworks development and a high volume of delivery vehicles serving the area. The client was concerned that the introduction of a nine-bed HMO — potentially adding nine independent adults, each with a vehicle — would overwhelm the street’s remaining parking capacity. The proximity of two nurseries meant that the road was regularly used by families with young children, and the client feared that the transient, intensive occupancy pattern of an HMO would fundamentally alter the family-oriented character of the street. The garage conversion would remove the property’s only off-street parking provision.

What We Identified

Our detailed review of the application and the relevant standards exposed multiple failures. First, the proposed kitchen measured just 7.32 square metres for nine occupants. Under section 4.2.1 of Barnet’s Standards for Houses in Multiple Occupation, a shared kitchen serving more than five residents must have two complete sets of kitchen facilities and a minimum floor area of 12 square metres. The applicant attempted to address this by proposing food storage cupboards in the adjacent hallway, but storage provision in a circulation space does not constitute a functional kitchen facility and raises concerns about fire safety, ventilation, and practical shared use. Second, the kitchen had no doors — a serious fire safety hazard under section 4.3 of the same HMO standards. Third, no communal living room was provided, forcing nine unrelated individuals to either isolate in their bedrooms or congregate in the undersized kitchen. Fourth, bedrooms 2 and 7 faced directly into a neighbouring blank flank wall at close proximity, delivering insufficient outlook and natural light. Fifth, the garage conversion removed the only off-street parking without any replacement provision, and no parking survey using the Lambeth Methodology had been submitted to demonstrate on-street capacity.

The Policy Arguments

The objection was structured around five principal areas. On loss of family housing, Policy HOU04 of the Barnet Local Plan 2021-2036 requires the Council to resist changes of use that undermine the strategic approach to meeting identified housing needs, especially where they result in a loss of family accommodation. The remaining houses on Margaret Road provide essential balance against the growing number of flatted developments, supporting a stable, long-term residential community. The application failed to provide any evidence of local need for a large sui generis HMO.

On substandard accommodation, Policy HOU04 requires all specialist housing to provide high-quality, safe and sustainable accommodation meeting relevant space and amenity standards. The proposal failed Barnet’s own HMO Standards on kitchen size, fire safety, communal space, and outlook to habitable rooms. On parking, Policy TRC03 highlights the importance of ensuring developments do not lead to increased parking stress or compromise the safe operation of local streets. The redevelopment of the former gasworks site had already increased traffic volumes and reduced kerbside availability, and the proposal added nine potential car-owning adults without any parking survey or mitigation strategy.

On neighbour amenity, Policy CDH01 requires development to achieve high-quality design that safeguards the amenity of neighbouring residents. The proposed side window openings at first-floor level would introduce new overlooking into adjoining properties. On environmental impact, Policy ECC02 requires that the environmental impacts of development — particularly noise and waste — do not adversely affect existing communities. The over-intensification of the property would lead to increased refuse generation, noise, and general activity incompatible with the suburban character of Margaret Road.

Key Takeaway

Large HMO proposals are vulnerable to refusal where they fail to meet the local authority’s own published HMO standards on kitchen size, fire safety and communal space. When combined with the loss of family housing, demonstrable parking stress exacerbated by nearby development, and substandard room conditions, the objection becomes compelling on multiple independent grounds — making appeal significantly harder for the applicant.

Related guidance: HMO Objections · Traffic & Parking · Overdevelopment · London

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