®Planning appeal decision
Land at Brighton Marina Outer Harbour Incl. Western Breakwater, Brighton, BN2 5UF
Planning appeal 3259653 at Land at Brighton Marina Outer Harbour Incl. Western Breakwater, Brighton, BN2 5UF (Brighton and Hove City Council) was dismissed on 24 June 2021 by Inspector Griffiths P, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposals on the character and appearance of the area (including questions about design, any effect on the setting of heritage assets, and any effect on the setting of the South Downs National Park).
Hybrid application for phased residential-led mixed-use development of Brighton Marina Outer Harbour: full permission for Phase 2 (480 units, 3 buildings 9-28 storeys, 761 sqm commercial) and outline permission for Phase 3 (up to 520 units, 6 buildings 8-19 storeys, up to 800 sqm commercial)
- Authority
- Brighton and Hove City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Griffiths P
- Postcode
- BN2 5UF
Main issues, as the Inspector framed them
- The effect of the proposals on the character and appearance of the area (including questions about design, any effect on the setting of heritage assets, and any effect on the setting of the South Downs National Park)
- Whether the proposal makes acceptable provision for affordable housing
- Whether the proposal would provide acceptable living conditions for prospective residents with particular regard to amenity/play space, daylight/sunlight, overshadowing, privacy and outlook
What decided it
The cumulative harm to character and appearance, heritage assets, the National Park setting, and living conditions for future residents was found to outweigh the benefits of housing delivery, engaging paragraph 11(d)(i) of the Framework as a clear reason for refusal.
The great weight given to heritage and National Park harm, together with significant weight to unacceptable living conditions and design failures, outweighed the very significant weight given to housing delivery (including affordable housing) and moderate/limited weight given to economic and other benefits, so the balance tipped against the proposal.
What the Inspector cited
- Development plan policies
- Policy CP1Policy CP11Policy CP12Policy CP13Policy CP14Policy CP15Policy CP16Policy CP20Policy DA2Policy HO5DM1DM18DM19DM20DM22DM29DM37DM39
- National Planning Policy Framework
- Paragraph 11Paragraph 48Paragraph 56Paragraph 57Paragraph 130Paragraph 134Paragraph 193Paragraph 196Paragraph 202
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Brighton and Hove City Council
The authority’s record since 2016 · every decision in 2021
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- Dismissed15 September 2026600726623-24, Brunswick Square, Hove, BN3 1EJ
- Dismissed26 August 2026600958610 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
- Notice varied and upheld12 August 202633569778 Queens Gardens, Brighton, BN1 4AR
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.