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Planning appeal decision

Dismissed3 February 20233305202

Corniche Restaurant & Cafe, 198 Burgess Road, Southampton, Hampshire, SO16 3AY

Planning appeal 3305202 at Corniche Restaurant & Cafe, 198 Burgess Road, Southampton, Hampshire, SO16 3AY (Southampton City Council) was dismissed on 3 February 2023 by Inspector Rogers J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of occupiers of 196 and 200C Burgess Road, with particular reference to outlook, daylight, privacy and noise.

new staircase enclosures to external seating area, enclosed with canopy roof & fence panels with grass netting, extend restaurant into former fish market with new toilets & access to first floor bedsit

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
mixed-use · Other minor developments
Inspector
Rogers J
Postcode
SO16 3AY

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of occupiers of 196 and 200C Burgess Road, with particular reference to outlook, daylight, privacy and noise
  • whether appropriate living conditions would be provided for future occupiers, with particular regard to outlook, privacy, outlook, noise, internal space and safety
  • the effect of the proposed development on the character and appearance of the area
  • whether the proposed development would provide adequate cycle storage facilities for future occupiers of the bedsit and adequate waste facilities for future occupiers of the bedsit and the restaurant

What decided it

The significant harm to living conditions of both existing and future occupiers, combined with inadequate cycle and waste storage and harm to character and appearance, outweighs the modest housing and economic benefits even under the tilted balance.

the identified adverse impacts of the proposed development would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework as a whole

What the Inspector cited

Development plan policies
Saved Policy SDP1Saved Policy SDP4Saved Policy SDP5Saved Policy SDP7Saved Policy SDP9Saved Policy SDP16Saved Policy H7Saved Policy REI7Policy CS13
National Planning Policy Framework
Paragraph 11Paragraph 12

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 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.

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