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Planning appeal decision

Notice varied and upheld11 June 20213218913

Flat 1-6, Viceroy House, 117-121 Victoria Avenue, Southend-on-Sea, SS2 6EL

Planning appeal 3218913 at Flat 1-6, Viceroy House, 117-121 Victoria Avenue, Southend-on-Sea, SS2 6EL (Southend-on-Sea City Council) was allowed in part (a split decision) on 11 June 2021 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: The main issue is the effect of the window on the privacy of residents of dwellings on Colchester Road.

change of use together with external alterations to create six flats (4 x two-bed, 2 x one-bed) together with six parking spaces, refuse store and amenity space (retrospective in relation to the change of use; not retrospective in relation to the operational development)

Authority
Southend-on-Sea City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Braithwaite J
Postcode
SS2 6EL

Main issues, as the Inspector framed them

  • The main issue is the effect of the window on the privacy of residents of dwellings on Colchester Road.
  • The main issues in Appeal C are; first, whether the proposed development would result in an unacceptable loss of land in employment use; second, whether the residents of the six flats have acceptable living conditions; and third, whether there is sufficient parking for cars to meet the needs of residents.

What decided it

The severe shortfall in housing land supply (about 2.5 years) meant that retaining the small office units in employment use would not be effective, so the change of use to residential accommodation did not conflict with the development plan and permission was granted for Appeals C and D.

the loss of 80 sq.m of office floorspace in employment use was outweighed by the benefit of retaining residential accommodation in an area with a severe housing land supply shortfall, tipping in favour of allowing the change of use

What the Inspector cited

Development plan policies
CP1DM11KP2CP4CP8DM1DM3
National Planning Policy Framework
Paragraph 121Paragraph 73Paragraph 11

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Southend-on-Sea City Council

The authority’s record since 2016 · every decision in 2021

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  5. Notice varied and upheld4 September 20263349864
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.