®Planning appeal decision
60 Waterloo Road, Southampton, Hampshire , SO15 3BE
Without planning permission, change of use of the Land from 12 self-contained flats to use as 13 self-contained flats, office and overnight emergency residential accommodation
- Authority
- Southampton City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Curnow R
Main issues, as the Inspector framed them
- The effects of the development on the living conditions of the occupants of Flats 13 and 15 having particular regard to the size of the units, privacy and outlook
- The living conditions of all occupants of 60 Waterloo Road, having particular regard to the loss of a communal room, access to the garden space and washing facilities
- The integrity of European Sites of Nature Importance (ESNI)
What decided it
The Appellant failed to demonstrate on the balance of probability that the property had been used continuously for four years as 13 self-contained flats, office and overnight emergency residential accommodation before the relevant date, and the creation of Flats 13 and 15 resulted in poor living conditions contrary to local plan policies on design and residential standards.
Framework references: 15
Plan policies cited: Policy H7, Policy SDP1, Policy CS13, Policy CS22
Judgments cited: Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784; Gabbitas v SSE & Newham LBC [1985] JPL 630
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.