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Planning appeal decision

Allowed14 December 20233317868

15 - 26 Lincoln Cottages, Brighton, BN2 9UJ

the demolition of all existing buildings and construction of nine residential dwellings (Use Class C3)

Authority
Brighton and Hove City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Simpson V

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • the conditions of the occupiers of nearby properties, with particular regard to privacy, light, highway congestion, car parking availability, odour, noise and disturbance

What decided it

The Council's failure to demonstrate a five-year housing land supply, combined with the site's allocation for residential development and the minor (rather than substantial) nature of the identified harms to neighbouring amenity, meant the presumption in favour of sustainable development applied and the benefits of housing delivery outweighed the limited conflicts with development plan policies.

The substantial benefits of providing nine dwellings on an allocated housing site in a district with a significant shortfall in housing land supply (2.1 years) outweighed the minor harms to neighbouring occupiers' amenity (highway congestion, odour, and limited daylight/sunlight impacts) and the limited weight given to other policy conflicts.

Framework references: 11, 56, 69

Plan policies cited: CP12, CP14, DM18, DM21, DM20, DM36, CP9, DM33, CP20

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.