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Planning appeal decision

Dismissed29 March 20223270782

64B Preston Road, Brighton, BN1 4QF

Planning appeal 3270782 at 64B Preston Road, Brighton, BN1 4QF (Brighton and Hove City Council) was dismissed on 29 March 2022 by Inspector Steen A, by written representations. The main issue, as the Inspector framed it: Whether the existing use of the property as a dwellinghouse occupied by no more than 5 persons unrelated to each other (outside Use Class C4) is lawful.

existing use, as a dwellinghouse occupied by no more than 5 persons unrelated to each other, is lawful (outside Use Class C4) as it does not constitute development. Summary

Authority
Brighton and Hove City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Steen A
Postcode
BN1 4QF

Main issues, as the Inspector framed them

  • Whether the existing use of the property as a dwellinghouse occupied by no more than 5 persons unrelated to each other (outside Use Class C4) is lawful

What decided it

The material change of use from Class C3 to a sui generis use in 2015 constituted development for which no planning permission was granted, and the use had not continued for ten years to become lawful through passage of time.

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.

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