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Planning appeal decision

Allowed11 June 20213242326

117-121 , Victoria Avenue , Southend on Sea , SS2 6EL

Planning appeal 3242326 at 117-121 , Victoria Avenue , Southend on Sea , SS2 6EL (Southend-on-Sea City Council) was allowed on 11 June 2021 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: The effect of the window on the privacy of residents of dwellings on Colchester Road (Appeal A, ground (a)).

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
minor · Planning Appeal
Procedure
Inquiry
Development
residential · Change of use
Inspector
Braithwaite J
Postcode
SS2 6EL

Main issues, as the Inspector framed them

  • The effect of the window on the privacy of residents of dwellings on Colchester Road (Appeal A, ground (a))
  • Whether the Appellant provided sufficient precise and unambiguous evidence that residential use of units 1, 3 and 6 commenced more than four years before the notice and continued uninterrupted (Appeal B, ground (d))
  • Whether the proposed development would result in an unacceptable loss of land in employment use (Appeals C and D, first issue)
  • Whether the residents of the six flats have acceptable living conditions (Appeals C and D, second issue)
  • Whether there is sufficient parking for cars to meet the needs of residents (Appeals C and D, third issue)

What decided it

The Council's severe (2.5-year) housing land supply shortfall meant it was not effective or viable to retain the two small office units, tipping the balance in favour of the residential use and permission for Appeals C and D.

Boosting the supply of homes, in the context of a dire housing land supply shortfall, outweighed the limited loss of 80 sq.m of employment floorspace, with no conflict found on privacy, living conditions or parking grounds.

What the Inspector cited

Development plan policies
SCS policy CP1SDMD policy DM11SCS policy KP2SCS policy CP4SCS policy CP8SDMD policy DM1SDMD policy DM3
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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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.