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Notice upheld1 December 20213257370

60 Waterloo Road, Southampton, Hampshire , SO15 3BE

Planning appeal 3257370 at 60 Waterloo Road, Southampton, Hampshire , SO15 3BE (Southampton City Council) was dismissed on 1 December 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
SO15 3BE

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.

What the Inspector cited

Development plan policies
Policy H7Policy SDP1Policy CS13Policy CS22
National Planning Policy Framework
Paragraph 15
Judgments
Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784; Gabbitas v SSE & Newham LBC [1985] JPL 630

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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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.