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Planning appeal decision

Dismissed3 November 20223291915

43 to 45, Bentham Road, Brighton, BN2 9XB

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

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.

Framework references: 11

Plan policies cited: CPP1 Policy CP14, CPP1 Policy CP19, CPP1 Policy CP20, CPP2 Policy DM1, CPP2 Policy DM20

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.