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Planning appeal decision

Dismissed21 February 20243319176

17 Buckingham Road, Brighton, BN1 3RH

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

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

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.

Framework references: 205, 208, 135, 70, 11

Plan policies cited: CP12, CP13, CP15, DM18, DM26, DM22, DM20, SS1

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.