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Planning appeal decision

Notice upheld26 September 20233310429

Land at 174 Cowley Drive, Brighton, BN2 6TD

Planning appeal 3310429 at Land at 174 Cowley Drive, Brighton, BN2 6TD (Brighton and Hove City Council) was dismissed on 26 September 2023 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the appeal site and surrounding area.

Without planning permission, the construction of retaining walls and levelling of land to create a hardstanding in front garden

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Harwood A
Postcode
BN2 6TD

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the appeal site and surrounding area
  • The effect upon living conditions for neighbouring occupiers

What decided it

The development's harmful impact on both the character and appearance of the area and the living conditions of neighbouring occupiers, particularly the ground-floor flat residents, could not be mitigated and breached development plan policies.

What the Inspector cited

Development plan policies
Part One Plan Policy CP12Part Two Plan Policy DM21Part One Plan Policy DM20Part One Plan Policy DM40Part Two Plan Policy DM36

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. Dismissed26 August 20266009586
    10 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
  2. Notice varied and upheld12 August 20263356977
    8 Queens Gardens, Brighton, BN1 4AR
  3. Notice upheld28 July 20263356239
    5 New Steine, Brighton, BN2 1PB
  4. Dismissed14 July 20266006481
    44 A Southover Street, Brighton, BN2 9UE
  5. Dismissed14 July 20266007523
    42 Tidy Street, Brighton, Brighton and Hove, BN1 4EL

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.