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Planning appeal decision

Dismissed7 September 20213271438

1 Phoenix Place, BRIGHTON, BN2 9ND

Change of use from Public House (A4) to provide residential accommodation comprising 3no purpose built wheelchair accessible units on the ground floor (C3) and 3no Houses of Multiple Occupation (HMOs) with 23 bedspaces on the first, second and third floors (Sui Generis). Remodelling and alterations incorporating erection of additional storey and roof alterations including raising of ridge height and formation of mansard roof with revised fenestration and associated works

Authority
Bristol City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Douglas L

Main issues, as the Inspector framed them

  • whether the proposal would result in the unacceptable loss of a community facility
  • the effect of the proposal on the character and appearance of the area with specific regard to: a) the Valley Gardens Conservation Area (CA), and b) the setting of listed buildings
  • whether the proposal would provide acceptable living conditions for future occupiers, with particular regard to the proposed Houses in Multiple Occupation (HMOs)

What decided it

The proposal fails on three independent grounds: unacceptable loss of a community facility, less than substantial harm to the conservation area not outweighed by public benefits, and inadequate living conditions for HMO occupiers.

Although the Council cannot demonstrate five-year housing land supply and the development plan is out of date, the Framework's protection of heritage assets provides a clear reason for refusal; the less than substantial harm to the conservation area is not outweighed by the public benefits of housing delivery and building reuse, and the presumption in favour of sustainable development does not apply.

Framework references: 11, 93

Plan policies cited: Policy HO20, Policy QD14, Policy HE6, Policy QD27, Policy HE3, Policy CP12, Policy CP15

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.