A planning appeal has been submitted following the refusal of a proposal to increase the number of occupants at a House in Multiple Occupation (HMO) on Drummond Road, Ilkeston.
The application related to 9 Drummond Road, where permission was sought to change the use of the property from a six-bedroom HMO to a seven-bedroom HMO.
The scheme was refused by Erewash Borough Council in July 2025. An appeal has now been lodged with the Planning Inspectorate, which will independently review the decision.
Why the council refused the application
In its decision notice, the council said the proposal would provide an inadequate level of amenity for occupiers, due to substandard communal kitchen and dining facilities.
Planning officers accepted that the individual bedroom sizes met national and local standards. However, they concluded that the shared kitchen and dining areas were not large enough to adequately serve seven residents, and that this conflicted with Saved Policy H12 – Quality and Design.
The council stated that the issue could not be resolved without reducing the number of bedrooms, and that the matter was therefore one of fundamental principle rather than something that could be addressed through revised plans or conditions.
Why the decision is being appealed
In the appeal submission, the applicant argues that the council placed too much weight on internal guidance when assessing communal space, and did not properly consider the accommodation as a whole.
The appeal states that the space standards relied on by the council are guidance rather than fixed policy requirements, and that there is no national planning rule requiring communal areas to be sized on the assumption that all occupants will use them at the same time.
The appellant also points out that:
- All bedrooms meet recognised size standards
- Environmental Health raised no objection to the proposal
- The council accepted there would be no significant impact on neighbours
- Highway officers raised no concerns about parking or traffic
They argue that the addition of one extra occupant would not result in demonstrable harm, particularly as the property is already operating as a six-person HMO without the need for planning permission.
Details of the proposal
Planning documents show that the proposal involved internal alterations only, with no extensions or changes to the external appearance of the building.
The plans included the creation of an additional bedroom within the existing layout, removal of some individual cooking facilities, reliance on shared kitchen and dining areas, and the provision of cycle and bin storage.
The property is located in a residential area close to Victoria Park, with no parking restrictions on Drummond Road.
What happens next
The Planning Inspectorate will now consider written submissions from both the applicant and the council before reaching a decision. An inspector may also carry out a site visit as part of the process.
No date has yet been set for when the appeal decision will be issued.