®Planning appeal decision
Land to the Rear of 10 Elphinstone Road, Hastings, East Sussex, TN34 3LH
Planning appeal 3261495 at Land to the Rear of 10 Elphinstone Road, Hastings, East Sussex, TN34 3LH (Hastings Borough Council) was dismissed on 18 June 2021 by Inspector Willmer P, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of the occupiers of the flats at 10 Elphinstone Road and the dwellings numbered 53 and 58 St. James's Road, in terms of the development's potential to appear overbearing and result in a loss of light, loss outlook, overlooking leading to a loss of privacy and a harmful sense of enclosure and over shadowing.
the construction of two detached houses
- Authority
- Hastings Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Willmer P
- Postcode
- TN34 3LH
Main issues, as the Inspector framed them
- the effect of the proposed development on the living conditions of the occupiers of the flats at 10 Elphinstone Road and the dwellings numbered 53 and 58 St. James's Road, in terms of the development's potential to appear overbearing and result in a loss of light, loss outlook, overlooking leading to a loss of privacy and a harmful sense of enclosure and over shadowing
- the effect of the proposed development on the living conditions of the future occupiers of the proposed houses, in terms of overlooking leading to a loss of privacy, and whether the proposal would provide a good standard of accommodation in respect the provision of private amenity space
What decided it
The significant harm to the living conditions of neighbouring occupiers through overlooking and loss of privacy, which could not be adequately mitigated and outweighed the benefits of providing two additional housing units.
The benefits of housing delivery and effective use of land were significantly and demonstrably outweighed by the significant harm to the residential living conditions of neighbouring occupiers through overlooking and loss of privacy.
What the Inspector cited
- Development plan policies
- Policy DM3
- National Planning Policy Framework
- Paragraph 73Paragraph 11Paragraph 59
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
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With an account
What an account adds to this decision
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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.