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Dismissed3 November 20213270358

3 Pains Road, Southsea, PO5 1HE

Planning appeal 3270358 at 3 Pains Road, Southsea, PO5 1HE (Portsmouth City Council) was dismissed on 3 November 2021 by Inspector Small M, by written representations. The main issue, as the Inspector framed it: the effect of the development on the integrity of the Solent Special Protection Areas (the SPAs).

C4 (house in multiple occupation) use to Sui Generis use (House in multiple occupation for over 6 persons)

Authority
Portsmouth City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Small M
Postcode
PO5 1HE

Main issues, as the Inspector framed them

  • the effect of the development on the integrity of the Solent Special Protection Areas (the SPAs)
  • whether the proposed development provides satisfactory living conditions, with particular regard to personal and communal space and access to bathroom facilities

What decided it

The development would have an in-combination adverse effect on the integrity of the Solent SPAs from increased recreational activity and wastewater discharge, and no adequate mitigation mechanism had been secured before the Inspector.

The satisfactory living conditions provided by the development did not outweigh the likely significant adverse effect on the integrity of designated habitats sites for which there was no adequate mitigation.

What the Inspector cited

Development plan policies
Policy PCS13Policy PCS23
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1983 P37]

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 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.