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Planning appeal decision

Notice varied and upheld14 December 20213248174

117 Milner Road, Brighton, BN2 4BR

Planning appeal 3248174 at 117 Milner Road, Brighton, BN2 4BR (Brighton and Hove City Council) was allowed in part (a split decision) on 14 December 2021 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was issued too late to take enforcement action against the matters stated in the notice (ground (d)).

Without planning permission the material change of use from small House in Multiple Occupation (C4) to a 8 bedroom House in Multiple Occupation (Sui Generis) and a loft conversion including a dormer to the rear roof slope to facilitate the unauthorised change of use to HMO (Sui Generis)

Authority
Brighton and Hove City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hocking P
Postcode
BN2 4BR

Main issues, as the Inspector framed them

  • Whether the enforcement notice was issued too late to take enforcement action against the matters stated in the notice (ground (d))
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The dormer is integral to the unauthorised change of use as it provides additional letting bedrooms, and the appellant has not demonstrated how the breach could be effectively remedied without its removal.

What the Inspector cited

Judgments
Murfitt v SSE (1980) 40 P&CR 254; Bowring v SSCLG [2015] EWHC 1027 (Admin)

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 Brighton and Hove City Council

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

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  2. Notice upheld28 July 20263356239
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  3. Dismissed9 June 20263374437
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  4. Dismissed22 May 20263355579
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  5. Allowed17 November 20253369410
    62 Albion Hill , Brighton , BN2 9NX

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.