Key Points
- Bolton Council planning officers refused a proposal to convert an empty storage building at 37-39 Churchgate in Bolton town centre into an eight-bedroom House in Multiple Occupation (HMO).
- The application, submitted by applicant Michael Cunliffe of M C Planning Services Ltd on behalf of owner Ashok Kumar of New Churchgate Properties Ltd, sought full planning permission for change of use from storage to Class C4 HMO with associated internal and external alterations.
- Key reasons for refusal include overdevelopment of the site, inadequate living standards for future occupants, poor design impacting neighbouring amenities, lack of adequate bin storage and cycle parking, and potential noise and disturbance issues.
- The building is a two-storey end-terrace commercial unit in a prominent town centre location near historic Churchgate, within Bolton's primary shopping area.
- No objections were received from neighbours, but statutory consultees raised concerns; planning officers deemed the scheme contrary to multiple local and national planning policies.
- The decision follows a delegated report recommending refusal, highlighting the site's unsuitability for residential use without significant redevelopment.
Bolton Council has refused plans to transform an empty storage building in the heart of Bolton town centre into an eight-bedroom House in Multiple Occupation (HMO). The decision, detailed in a comprehensive delegated officer's report, cites multiple concerns over living standards, overdevelopment, and impacts on the local area.
The application for 37-39 Churchgate, submitted by Michael Cunliffe of M C Planning Services Ltd on behalf of Ashok Kumar of New Churchgate Properties Ltd, proposed converting the two-storey end-terrace commercial unit into eight one-bed flats for multiple occupancy under Class C4 use, with internal alterations including new en-suite bathrooms and a communal kitchen, plus external changes like new windows and fire escapes.
Planning officers concluded the scheme would fail to provide adequate accommodation for occupants and harm the character of the conservation area.
What was the proposed development at 37-39 Churchgate?
As reported by staff writer at The Bolton News, the plan involved converting the vacant ground-floor storage and display building—previously used commercially—into an eight-bedroom HMO accommodating up to eight residents. The proposals included subdividing the interior into eight self-contained bedrooms, each with en-suite facilities, a shared kitchen/diner on the ground floor, and a rear yard extension for additional amenity space.
The building occupies a prominent corner position on Churchgate, a historic pedestrianised street linking Bolton's Town Hall with the Octagon shopping centre, within the defined town centre boundary and primary shopping frontage.
External alterations outlined in the application comprised new powder-coated aluminium windows, rendered elevations, a glazed fire escape staircase to the rear, and black-stained timber cladding, aiming to modernise the structure while respecting the Victorian streetscape.
Why did Bolton Council refuse the HMO application?
Planning officers issued a unequivocal refusal on grounds that the development constituted overdevelopment, providing substandard living conditions contrary to Policy CP1 (Quality of new developments) and Policy H8 (Houses in Multiple Occupation) of the Bolton Core Strategy, as well as national guidance in the National Planning Policy Framework (NPPF).
As detailed in the officer's report, the proposed bedrooms measured as small as 10.3 square metres, below the 11 square metre minimum for HMO rooms under nationally described space standards, with inadequate outlook, natural light, and outlook from first-floor units overlooking blank walls or narrow lightwells.
The report emphasised insufficient communal space, with the kitchen/diner at just 13.4 square metres failing to meet requirements for eight occupants, alongside cramped circulation areas exacerbating feelings of overcrowding.
Furthermore, the scheme lacked proper bin storage and cycle parking facilities, with the rear yard too small for secure enclosures without spilling onto the highway, breaching Policy TI9 (Cycle parking standards).
What impacts were highlighted on neighbouring properties and the area?
Officers noted the design would adversely affect neighbouring amenities through loss of privacy, overlooking from new first-floor windows, and potential noise from multiple occupancy in a mixed commercial-residential zone.
As per the delegated report, the prominent corner location in the Churchgate conservation area—characterised by two-storey Victorian commercial buildings—would suffer from poor architectural quality, with the proposed flat-roofed rear extension and utilitarian materials failing to enhance or preserve the streetscene's historic character, contrary to Policy HE1 (Conservation areas).
The development was deemed inappropriate for a primary shopping frontage, where retail uses are prioritised under Policy CP5 (Town centre development priorities), potentially undermining vitality by introducing residential use on active frontage.
No neighbour objections were lodged during consultation, but Environmental Health raised concerns over noise and disturbance potential from an eight-person HMO in a town centre setting.
Who were the key parties involved in the application?
Applicant Michael Cunliffe, director of M C Planning Services Ltd based in Bolton, represented property owner Ashok Kumar trading as New Churchgate Properties Ltd, with the site under ownership of the latter since at least the application submission.
The planning application (reference 2024/0359/FUL) was validated by Bolton Council on 19 June 2024, with the decision notice issued following delegated powers, bypassing committee scrutiny due to the recommendation for refusal.
No design or heritage statements were submitted by the applicants to address conservation impacts, which officers cited as a further deficiency.
What planning policies were breached by the proposals?
The refusal letter explicitly referenced breaches of Bolton's Core Strategy 2022 policies including CP1 (high quality design), H8 (HMO standards), CP3 (employment sites protection—though repurposed here), CP5 (town centres), HE1 (heritage), and site-specific allocations under the Emerging Local Plan.
National policies invoked included NPPF paragraphs on achieving well-designed places (Para 130), conserving heritage assets (Para 202), and space standards for residential conversions (Annex 2).
Highway officers confirmed no objection to access but required cycle parking absent from the scheme, while no flood risk assessment was needed given the site's low vulnerability.
Could the applicants appeal the refusal decision?
Under the Town and Country Planning Act 1990, the applicants hold the right to appeal the refusal to the Planning Inspectorate within six months of the decision date, potentially leading to a public inquiry or hearing.
As noted in standard council refusal notices, appeals succeed only if the inspector finds the council's reasons flawed or disproportionate; given the detailed officer report with multiple policy conflicts, success appears unlikely without scheme revisions.
Previous similar refusals in Bolton town centre, such as HMOs in Deansgate and Bradshawgate, underscore a pattern of stringent controls on multiple occupancy to protect living standards and town centre function.
What is the context of HMOs in Bolton town centre?
Bolton has seen rising demand for HMOs amid housing shortages, but council policy caps concentrations to avoid studentification-like issues plaguing nearby universities' vicinities, with Article 4 Directions removing permitted development rights for many C3 to C4 changes.
The Churchgate site, vacant for months post-commercial use, represents typical town centre repurposing pressure, but officers prioritise retail viability over residential infill in core zones.
This refusal aligns with recent decisions rejecting oversized HMOs, such as a 12-bed scheme in Mawdsley Street refused in 2024 for analogous overdevelopment reasons.
How does this fit into broader Bolton planning trends?
Bolton's Emerging Local Plan 2021-2037 emphasises town centre regeneration through mixed-use but protects shopping frontages, with 37-39 Churchgate allocated for commercial enhancement rather than housing.
Council data shows over 50 HMO applications in 2024, with a
60% refusal rate in sensitive locations, reflecting balanced growth amid 2.5%
population rise and 15% private rental sector expansion since 2020.