Planning appeal decision
40 Heath Hill Avenue, Brighton, BN2 4FH
Planning appeal 3281282 at 40 Heath Hill Avenue, Brighton, BN2 4FH (Brighton and Hove City Council) was allowed on 17 August 2022 by Inspector Andrews M, by written representations. The main issue, as the Inspector framed it: The effect of the proposed change of use on the mix and balance of the local community.
a change of use from the existing dwelling (C3) to a 4 No. bedroom small house in multiple occupation (C4)
- Authority
- Brighton and Hove City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Andrews M
- Postcode
- BN2 4FH
Main issues, as the Inspector framed them
- The effect of the proposed change of use on the mix and balance of the local community
- The adequacy of the living conditions for the occupiers of the HMO as regards the suitability of the communal space for residents and for the occupant of bedroom 2 in terms of privacy and noise
What decided it
The application site did not exceed the 10% HMO density threshold set by Policy CP21, as the Council's own analysis showed exactly 10% of dwellings were HMOs, meaning the policy's preclusionary provision did not apply.
What the Inspector cited
- Development plan policies
- Policy CP21Policy QD27
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.
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