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5 Cromwell Road Luton LU3 1DP

23/00832/FULFull ApplicationRefused
Full

Refused on 28 November 2024

Council decision: Application RefusedDelegated (officer decision)4 reasons for refusal

Approximate site (title boundary)
Boundary © HM Land Registry, © Ordnance Survey · details

This information is subject to Crown copyright and database rights 2026 and is reproduced with the permission of HM Land Registry. The polygons (including the associated geometry, namely x, y co-ordinates) are subject to Crown copyright and database rights 2026 Ordnance Survey AC0000851063. Conditions of use.

Proposal

Change of use of a six person house in multiple occupation (HMO) class C4 to an eight person large HMO (Sui Generis).

Received
17 July 2023
Decision level
Delegated (officer decision)
Public comments
4
Ward
BISCOT
  1. Received17 Jul
  2. Validated5 Sep
  3. Consult.13 Jun
  4. Target28 Nov
  5. Decided28 Nov

Decided in 450 days (council typically 56)

About this application

This is a full planning application for a change of use at 5 Cromwell Road Luton LU3 1DP. Luton has handled 619 applications of this type. This one was decided in 500 days, 63 weeks longer than Luton's typical decision time. The site is in a conservation area. There have been 4 other applications at this address. In the past year there have been 26 applications across BISCOT. We hold 448 applications in total for the LU3 postcode area.

80% of full applications at Luton Borough Council were approved. Across all application types, the council typically decides in about 8 weeks (median).

Based on decided applications received in the last 3 years.See what's approved near your address

Why it was refused

  1. The development, as indicated on plan numbers S100, A100, A101, P002, P003, P100, P111, P113, P113, S100, S101, S102, DC01 and P001 REV A, not only results in the loss of an existing dwelling it would also fail to maximise the opportunity of the site to assist in delivering the mix of housing that would meet the identified need within the Luton Housing Market Area as established within the Luton Strategic Housing Market Assessment (SHMA). The development would thereby be contrary to Policies LLP1, LLP15, LLP17, LLP25, LLP31 and LLP32 of the Luton Local Plan 2011 -2031 and the principles relating to housing with the National Planning Policy Framework (NPPF), or the Framework. 28th November 2024 See Notes for Applicants Attached. TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 2015 Continuation (Forming part of Application No: 23/00832/FUL
  2. The development, as indicated on plan numbers S100, A100, A101, P002, P003, P100, P111, P113, P113, S100, S101, S102, DC01 and P001 REV A, provides inadequate detail in regard to the HMO licensing standards which would be to the detriment of living environment of the occupiers. The proposal would thereby be contrary to Policies LLP1, LLP15, LLP17, LLP25, LLP31 and LLP32 of the Luton Local Plan and contrary to the aims and objectives of the NPPF
  3. The development, as indicated on plan numbers S100, A100, A101, P002, P003, P100, P111, P113, P113, S100, S101, S102, DC01 would injuriously affect the amenities of the adjoining properties by reason of noise and disturbance. The proposal would thereby be contrary to Policies LLP1 and LLP25 of the Luton Local Plan and contrary to the aims and objectives of the NPPF
  4. The development, as indicated on plan numbers S100, A100, A101, P002, P003, P100, P111, P113, P113, S100, S101, S102, DC01 and P001 REV A, fails to provide a Floor Risk Assessment for a site located within Flood Zone 3 for consideration by The environment Agency which must be submitted by virtue of The National Planning Policy Framework (paragraph 173, footnote 59). The proposal would thereby be contrary to Policies LLP1, LLP15, LLP17, LLP25, LLP31 and LLP32 of the Luton Local Plan and contrary to the aims and objectives of the NPPF 28th November 2024 TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 2015 Continuation (Forming part of Application No: 23/00832/FUL

From the council's decision notice.

Application details

Postcode
LU3 1DP
Application type
Full Application
Scale / size
Medium

Planning application dates

Date validated
5 September 2023
Consultation expiry
16 June 2024
Consultation start
23 May 2024
Consultation end
13 June 2024
Neighbour consultation start
23 May 2024
Neighbour consultation end
16 June 2024
Last date for comments
12 July 2024
Target decision date
28 November 2024

Applicant and agent

Agent address
K2 Architecture 17 Church Hill Road Oxford OX4 3SG

Planning decision

Statutory period
450 days

Publicity

Site notice start
21 June 2024

Appeal

Appeal reference
23/00832/REFUSE
Appeal status
Appeal Dismissed
Appeal result
Appeal Dismissed

Appeal history

3359826
Dismissed
Type: Planning AppealProcedure: Written RepresentationsDecision: 8 May 2025Dev Type: Change of useReason: Refusal
3333577
Dismissed
Type: Planning AppealProcedure: Written RepresentationsDecision: 28 May 2024Dev Type: Minor DwellingsReason: Refusal
3326600
Allowed
Type: Householder (HAS)Procedure: Written RepresentationsDecision: 29 November 2023Dev Type: Householder developmentsReason: Refusal

Additional information

Documents
35
Constraints
5

Site constraints

Checking the site
2/3
Council recordsAppealsFlood risk

Designations that overlap or adjoin the site outline.

  • Flood zone 3: High probability (rivers and sea)

Not published by this council, so not checked: tree preservation orders. Ask the council if these matter.

Also checked, none recorded (23)

flood storage areas, conservation areas, listed buildings, Article 4 directions, green belt, scheduled monuments, World Heritage Sites, World Heritage Site buffer zones, registered parks and gardens, registered battlefields, Heritage at Risk entries, nutrient neutrality catchments, national parks, National Landscapes, SSSIs, Special Areas of Conservation, Special Protection Areas, Ramsar sites, ancient woodland, national nature reserves, local nature reserves, heritage coasts and brownfield registers.

A guide only, from official open data; it is not a planning search. Flood zones cover rivers and sea, not surface water.

Data © Crown copyright and others · sources and licences

Contains public sector information from planning.data.gov.uk (MHCLG and local planning authorities), licensed under the Open Government Licence v3.0. © Crown copyright and database right 2026.

© Historic England 2026. Contains Ordnance Survey data © Crown copyright and database right 2026. The Historic England GIS Data contained in this material was obtained on 2026-11-03. The most publicly available up to date Historic England GIS Data can be obtained from HistoricEngland.org.uk.

© Natural England copyright. Contains Ordnance Survey data © Crown copyright and database right 2026.

© Environment Agency copyright and/or database right 2026. All rights reserved. Flood Map for Planning, Open Government Licence v3.0.

Contains Ordnance Survey data © Crown copyright and database right 2026.

Source: Office for National Statistics licensed under the Open Government Licence v.3.0. Contains OS data © Crown copyright and database right 2026.

Source: Luton

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