MKA PLANNING WINS APPEAL & AWARD OF COSTS AGAINST REFUSAL OF APPLICATION FOR CONVERSION OF DWELLING HOUSE TO HOUSE OF MULTIPLE OCCUPATION (HMO) AT NO. 2 GRAFTON TERRACE, DERRY

• 27th May 2020
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MKA Planning recently represented a private client at appeal against the decision by Derry City and Strabane District Council to refuse an application for change of use from dwelling to HMO (House in Multiple Occupation) at 2 Grafton Terrace, Londonderry, BT48 0EW.

The Council’s sole reason for refusal was that the proposed development did not meet the requirements of Policy LC2 of PPS 7 Addendum ‘the conversion or change of use to of existing buildings to flats and apartments’. MKA Planning stated that this policy did not apply to HMO’s at the application stage and then provided evidence to clarifying this stance at appeal including two precedent appeal decisions showing that this point had already been established.

Based on the evidence presented by MKA Planning, the Planning Appeals Commission decided to allow the appeal and grant full planning permission for the development as well as granting appeal costs to the applicant.

Full details about the application and appeal can be found using the links below. Planning Reference – LA11/2017/1111/F . PAC Reference – 2018/A0161

Application Details

Application Refusal Notice

Appeal Decision

If you have any planning queries or projects, or wish to be represented at a planning appeal please contact Matt or the MKA team at 028 71311 551 to discuss your options.