Landlord wins appeal over shared house in Elm Grove, Brighton

Brighton and Hove City Council’s planning committee allowed Mishbec Ltd to convert the four-storey building at 141 Elm Grove into a five-bedroom house in multiple occupation (HMO) in December 2021.

However, councillors refused permission when the company’s bid to convert the shared basement living space into a sixth bedroom went before the committee in April.

Mishbec, owned by Patrick Eraut, 53, previously secured permission to create a five-bedroom HMO on the casting vote of Green councillor Leo Littman, who chairs the planning committee.

At the April meeting Councillor Littman voted to refuse permission for the sixth bedroom after hearing comments from colleagues who shared their concerns about the loss of shared living space.

Planning inspector Doug Cramond agreed with council planning officers’ recommendations that the committee should have granted planning permission.

In his decision, Mr Cramond said: “Whilst there may have been hesitance by some members of the planning committee over the suitability of the lower front room as a bedroom, this was not included in any planning application decision paperwork.

“I would just confirm that given all the evidence included in the application and my site visit, I would agree with officers of the council who concluded that the room was suitable for use as a bedroom in its own right.”

• READ MORE: Objections as family home will be turned into a HMO

Mr Cramond did not award costs to Misbec as the committee judged the application on “its own merits”.

He said: “I surmise that the members considered a comprehensive report and dealt with the plans before them, along with all other material considerations including substantive representations, and reached a not wholly illogical decision on the scheme.

“The suitability of the use of the ‘basement’ front room as a bedroom was not entirely clear cut in amenity terms, and the appropriateness of communal space will always have a degree of subjectivity.”