®Planning appeal decision
43 to 45, Bentham Road, Brighton, BN2 9XB
Planning appeal 3291915 at 43 to 45, Bentham Road, Brighton, BN2 9XB (Brighton and Hove City Council) was dismissed on 3 November 2022 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: whether the proposal would provide satisfactory internal and external living conditions for future occupiers of the proposed flats, with regard to useable space, natural light, outlook, privacy and noise and disturbance.
conversion of existing building to create 8no studio flats (C3) and 1no two bedroom flat (C3) incorporating single storey rear conservatory extensions, insertion of windows to front & rear elevations, rooflights to east and west roof slopes, new front boundary wall and associated works
- Authority
- Brighton and Hove City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Buchanan R
- Postcode
- BN2 9XB
Main issues, as the Inspector framed them
- whether the proposal would provide satisfactory internal and external living conditions for future occupiers of the proposed flats, with regard to useable space, natural light, outlook, privacy and noise and disturbance
- its effect on the living conditions of existing and future occupiers of neighbouring dwellings, with regard to noise, disturbance and privacy
- whether it would make appropriate provision for dwelling type and size, including affordable housing
What decided it
The proposal's failure to provide satisfactory living conditions for future occupiers and neighbouring residents, combined with an inappropriate housing mix that did not reflect identified local needs, substantially outweighed the benefits of housing supply in circumstances where the Council lacked a five-year supply.
The benefits of providing 9 flats on a sustainably located brownfield site, carrying moderate weight, were significantly and demonstrably outweighed by substantial weight given to the conflicts with development plan policies regarding living conditions, housing mix, design quality and sustainable development, such that the presumption in favour of sustainable development did not apply.
What the Inspector cited
- Development plan policies
- CPP1 Policy CP14CPP1 Policy CP19CPP1 Policy CP20CPP2 Policy DM1CPP2 Policy DM20
- National Planning Policy Framework
- Paragraph 11
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Brighton and Hove City Council
The authority’s record since 2016 · every decision in 2022
- Dismissed26 August 2026600958610 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
- Dismissed14 July 2026600648144 A Southover Street, Brighton, BN2 9UE
- Dismissed14 July 2026600752342 Tidy Street, Brighton, Brighton and Hove, BN1 4EL
- Dismissed3 July 202660064361 Ridgeside Avenue, Brighton, BN1 8WD
- Dismissed18 May 202633533294 Steine Gardens, Brighton, BN2 1WB
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.