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Planning appeal decision

Notice varied and upheld25 March 20243298309

Land at 39 & 39A Grand Parade, Brighton, BN2 9QA

Planning appeal 3298309 at Land at 39 & 39A Grand Parade, Brighton, BN2 9QA (Brighton and Hove City Council) was allowed in part (a split decision) on 25 March 2024 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: whether the development preserves or enhances the character or appearance of the Valley Gardens Conservation Area.

Material change of use of building from retail to 4 self-contained flats and associated operational development including alterations to fenestration, balcony, canopy, parapet raising, roof works, extensions and internal reconfiguration

Authority
Brighton and Hove City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hocking P
Postcode
BN2 9QA

Main issues, as the Inspector framed them

  • whether the development preserves or enhances the character or appearance of the Valley Gardens Conservation Area
  • whether the development provides adequate living conditions for occupiers having particular regard to the size and layout of the internal accommodation

What decided it

The development results in less than substantial harm to the designated heritage asset with no sufficient public benefit to outweigh this harm, and the flats fail to provide acceptable living conditions.

What the Inspector cited

Development plan policies
CP12CP15DM21DM26HE6QD14QD27DM1DM20

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 applied

The decision letter

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More decisions in Brighton and Hove City Council

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld12 August 20263356977
    8 Queens Gardens, Brighton, BN1 4AR
  2. Notice upheld28 July 20263356239
    5 New Steine, Brighton, BN2 1PB
  3. Dismissed9 June 20263374437
    49 Rock Street, Brighton, BN2 1NF
  4. Dismissed22 May 20263355579
    Basement Flat, 10 Prince Albert Street, Brighton, BN1 1HE
  5. Allowed17 November 20253369410
    62 Albion Hill , Brighton , BN2 9NX

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.