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Planning appeal decision

Dismissed23 January 20233303358

Land East of 5 Nolan Road, Brighton, BN2 6RS

Planning appeal 3303358 at Land East of 5 Nolan Road, Brighton, BN2 6RS (Brighton and Hove City Council) was dismissed on 23 January 2023 by Inspector Wellstead J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon the character and appearance of the area.

the demolition of an existing garage/workshop and the provision of two, three bed two person houses

Authority
Brighton and Hove City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wellstead J
Postcode
BN2 6RS

Main issues, as the Inspector framed them

  • the effect of the proposed development upon the character and appearance of the area
  • the impact on the living conditions of the occupiers of the neighbours at 62 Downs Valley Road with particular regard to outlook and light

What decided it

The adverse impacts of the development on the character and appearance of the area and the living conditions of neighbouring residents significantly and demonstrably outweighed the modest housing benefits when assessed against the Framework as a whole.

the modest housing benefit of two dwellings was significantly and demonstrably outweighed by the harm to character and appearance and neighbour amenity, such that the presumption in favour of sustainable development did not apply

What the Inspector cited

Development plan policies
CP12CP14DM18DM20
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.

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The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.

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.