Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed21 February 20243319176

17 Buckingham Road, Brighton, BN1 3RH

Planning appeal 3319176 at 17 Buckingham Road, Brighton, BN1 3RH (Brighton and Hove City Council) was dismissed on 21 February 2024 by Inspector Hobbs J, by written representations. The main issue, as the Inspector framed it: whether the proposed development would preserve or enhance the character or appearance of the West Hill Conservation Area.

demolition of existing garage and erection of a detached two storey plus basement, one bedroom dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hobbs J
Postcode
BN1 3RH

Main issues, as the Inspector framed them

  • whether the proposed development would preserve or enhance the character or appearance of the West Hill Conservation Area
  • the effect of the proposal on nearby trees
  • the effect of the proposal on the living conditions of future occupiers, with particular regard to daylight, outlook and privacy

What decided it

The less than substantial harm to the conservation area, combined with harm to trees and future occupiers' living conditions, outweighed the limited benefits of one new dwelling and moderate environmental and economic benefits, and the heritage exception to the tilted balance applied.

The less than substantial harm to the conservation area, when balanced against the limited weight afforded to housing delivery, moderate weight to environmental and economic benefits, and minimal weight to the benefit of demolishing the garage, was not outweighed by those benefits; the heritage exception to the tilted balance under paragraph 11(d)(ii) of the Framework applied.

What the Inspector cited

Development plan policies
CP12CP13CP15DM18DM26DM22DM20SS1
National Planning Policy Framework
Paragraph 205Paragraph 208Paragraph 135Paragraph 70Paragraph 11

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

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

632 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Brighton and Hove City Council

The authority’s record since 2016 · every decision in 2024

  1. Allowed26 October 20266014224
    East House, Preston Park Avenue, Brighton, BN1 6HG
  2. Dismissed6 October 20266011541
    16 and 16a, Richmond Road, Brighton, BN2 3RN
  3. Dismissed15 September 20266007266
    23-24, Brunswick Square, Hove, BN3 1EJ
  4. Dismissed26 August 20266009586
    10 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
  5. Notice varied and upheld12 August 20263356977
    8 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.

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.