®Planning appeal decision
5 The Drive, Hove, BN3 3JE
Planning appeal 3318922 at 5 The Drive, Hove, BN3 3JE (Brighton and Hove City Council) was dismissed on 23 November 2023 by Inspector Perrins N, by written representations. The main issue, as the Inspector framed it: Whether the change of use of the building to residential would result in the unacceptable loss of community and office facilities.
for the change of use of upper floors (Commercial Class E) to Residential (C3)
- Authority
- Brighton and Hove City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Perrins N
- Postcode
- BN3 3JE
Main issues, as the Inspector framed them
- Whether the change of use of the building to residential would result in the unacceptable loss of community and office facilities
What decided it
The failure to demonstrate that the community and office uses are no longer needed, combined with the significant weight attached to the conflict with development plan policies, outweighed the moderate weight given to housing delivery benefits in the context of the tilted balance.
The adverse impacts of losing community and office facilities, contrary to the development plan, significantly and demonstrably outweighed the modest contribution to housing supply and economic benefits, even applying the tilted balance under NPPF paragraph 11 due to the lack of a 5-year housing supply.
What the Inspector cited
- Development plan policies
- Policy DM9Policy CP3Policy CP19
- National Planning Policy Framework
- Paragraph 11Paragraph 69Paragraph 93Paragraph 125
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Brighton and Hove City Council
The authority’s record since 2016 · every decision in 2023
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- Dismissed15 September 2026600726623-24, Brunswick Square, Hove, BN3 1EJ
- Dismissed26 August 2026600958610 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
- Notice varied and upheld12 August 202633569778 Queens Gardens, Brighton, BN1 4AR
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.