®Planning appeal decision
1 Phoenix Place, Brighton, BN2 9ND
Planning appeal 3271438 at 1 Phoenix Place, Brighton, BN2 9ND (Bristol City Council) was dismissed on 7 September 2021 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: whether the proposal would result in the unacceptable loss of a community facility.
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
- Postcode
- BN2 9ND
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Although the Council cannot demonstrate five-year housing land supply and the development plan is out of date, the Framework's protection of heritage assets provides a clear reason for refusal; the less than substantial harm to the conservation area is not outweighed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.
What the Inspector cited
- Development plan policies
- Policy HO20Policy QD14Policy HE6Policy QD27Policy HE3Policy CP12Policy CP15
- National Planning Policy Framework
- Paragraph 11Paragraph 93
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.