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Planning appeal decision

Notice varied and upheld17 July 20233298802

The Property Known As Montreal Arms, 62 Albion Hill, Brighton, BN2 9NX

Planning appeal 3298802 at The Property Known As Montreal Arms, 62 Albion Hill, Brighton, BN2 9NX (Brighton and Hove City Council) was allowed in part (a split decision) on 17 July 2023 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the removal of glazed ceramic tiles from the façade of the appeal building constituted development requiring planning permission.

Without planning permission, the removal of the glazed ceramic tiles from the facades of the building on the Land

Authority
Brighton and Hove City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Douglas L
Postcode
BN2 9NX

Main issues, as the Inspector framed them

  • Whether the removal of glazed ceramic tiles from the façade of the appeal building constituted development requiring planning permission
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The extensive removal of glazed ceramic tiles using power tools and scaffold tower materially affected the external appearance of the building and constituted development requiring planning permission, but the enforcement notice's requirements to match undamaged tiles exceeded what was necessary to remedy the breach.

What the Inspector cited

Development plan policies
Policy HE10Policy DM 28

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 2023

  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
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  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.