Flats in Surbiton can now be converted into Houses in Multiple Occupation (HMOs) after councillors voted to remove a restrictive condition. The Planning Committee of Kingston upon Thames Council met on Thursday, July 16, 2026, and approved the removal of Condition 10 from a previous planning permission for two flats at 3 The Mall, Surbiton.
Condition 10 had prevented the flats from being used as HMOs, citing concerns about noise, disturbance, highway safety, and the loss of family housing. However, council officers argued that the condition did not meet the six statutory tests for planning conditions. They stated that the condition was not necessary, relevant to planning, enforceable, precise, or reasonable. Furthermore, officers presented evidence that HMOs are important for local housing needs, noting that Kingston has no planning policy restricting HMOs and that a housing needs assessment illustrates their importance to the local community. HMOs, they argued, help support key service sectors and young professionals who cannot afford to rent their own property, with the housing needs assessment indicating a continued pressure on supply.
Despite objections from local residents and Councillor Olly Wehring, Chair of the Surbiton Neighbourhood Committee, who echoed concerns about undermining the council's previous decision, the committee voted to approve the removal of the condition. Five votes were in favour, with three abstentions.
Local residents had raised concerns about noise, disturbance, highway safety, and the loss of family housing, arguing that the applicant had secured permission on the basis of family housing. Councillor Wehring added that Condition 10 was crucial for the original permission's justification and its removal would allow for a significant increase in occupancy without proper assessment. Officers countered these points by stating there was no evidence of an over-concentration of HMOs in the area. In fact, the existing dwelling was previously licensed as a seven-person HMO without significant issues regarding anti-social behaviour, noise, or disturbance. The potential for anti-social behaviour was considered speculative and manageable through the licensing regime. The meeting information does not specify a threshold for 'over-concentration' according to council policy, though officers noted there were no HMOs in the surrounding streets as detailed in their report.
The original permission, granted in April 2026, allowed for the conversion of the single-family dwelling into two flats. The removal of Condition 10 means that the flats can now be used as HMOs, subject to licensing regulations. HMOs are controlled by a licensing regime that details occupancy and investigates complaints. A mandatory license is required for HMOs with five or more people. Kingston's additional licensing scheme ended in February 2023 and has not been replaced. The removal of Condition 10 allows the two flats to be used as HMOs under permitted development rights, and any future HMO would still need a license and to make an application to that effect.
Concerns were raised that this decision could set a precedent. Mr. Harry Wilder, a registered objector, argued that removing the condition would be completely dangerous
and that if HMO use was intended, the applicant should apply from scratch. Councillor Hayes commented that Every house can become an HMO... under permitted development rights,
questioning what was special about this particular house. He added that There is nothing intrinsically bad about HMOs, and every house could become one.
The officers' stance on future HMO conversions is that Article 4 directions are more appropriate if the council has evidence of a need for borough-wide restrictions. Otherwise, they stated, restrictions are typically applied on a property-by-property basis.
The meeting information does not explicitly detail the long-term impacts on the character of Surbiton beyond the stated concerns and rebuttals, though officers noted the removal of the condition would not alter the physical form of the development or result in a loss of family housing.
