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Planning appeal decision

Notice varied and upheld2 November 20233309785

41 Burgess Road, Southampton, SO16 7AP

Planning appeal 3309785 at 41 Burgess Road, Southampton, SO16 7AP (Southampton City Council) was allowed in part (a split decision) on 2 November 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: The effect of the development on the provision of family housing.

retention of first floor rear extension and six self contained flats

Authority
Southampton City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
SO16 7AP

Main issues, as the Inspector framed them

  • The effect of the development on the provision of family housing
  • The effect of the development on the character and appearance of the area
  • The effect of the development on the living conditions of neighbouring occupiers with particular regard to privacy
  • Whether the development provides acceptable living conditions for its occupants, with particular regard to outlook, privacy and the provision of internal living space
  • Whether a s106 planning obligation is necessary to secure financial contributions for highway improvements, highway damage and Solent disturbance mitigation

What decided it

The development is likely to significantly adversely affect the integrity of the Solent SPAs without secured mitigation, which provides a clear reason for refusal under paragraph 11(d)(i) of the Framework and displaces the tilted balance.

The modest increase in housing supply was significantly compromised by the poor quality of the accommodation and the Council's small shortfall in housing land supply (0.5 years), and the adverse impacts of harm to character and appearance, living conditions, and Solent SPAs integrity significantly and demonstrably outweighed the benefits.

What the Inspector cited

Development plan policies
Core Strategy Policy CS 5Core Strategy Policy CS 13Core Strategy Policy CS 16Core Strategy Policy CS 18Core Strategy Policy CS 22Core Strategy Policy CS 25saved Local Plan Policy SDP 1saved Local Plan Policy SDP 4saved Local Plan Policy SDP 6saved Local Plan Policy SDP 7saved Local Plan Policy SDP 9saved Local Plan Policy SDP 16saved Local Plan Policy H7Bassett Neighbourhood Development Plan Policy BAS 1Bassett Neighbourhood Development Plan Policy BAS 3Bassett Neighbourhood Development Plan Policy BAS 4Bassett Neighbourhood Development Plan Policy BAS 5
National Planning Policy Framework
Paragraph 11Paragraph 69Paragraph 104Paragraph 119Paragraph 130Paragraph 134Paragraph 180Paragraph 182
Judgments
Panton & Farmer v SSETR & Vale of Horse DC [1999] JPL 461; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; R (on the application of Fairstate Limited) v The First Secretary of State and another [2004] EWHC 1807 (Admin); Fairstate Ltd v FSS & Westminster CC [2005] EWCA Civ 238; Newland v Secretary of State [2008] EWHC 3132 (Admin)

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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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.