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Planning appeal decision

Dismissed29 January 20243321680

41A George Street, Brighton, East Sussex, BN2 1RJ

Planning appeal 3321680 at 41A George Street, Brighton, East Sussex, BN2 1RJ (Brighton and Hove City Council) was dismissed on 29 January 2024 by Inspector Butcher C, 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 East Cliff Conservation Area.

a change of use from office and garage to a two bedroom flat

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Butcher C
Postcode
BN2 1RJ

Main issues, as the Inspector framed them

  • whether the proposed development would preserve or enhance the character or appearance of the East Cliff Conservation Area
  • the principle of development, with regards to the loss of an employment site
  • the effect of the proposed development on the living conditions of future occupiers, with particular regard to outlook, daylight, ventilation and privacy

What decided it

The less than substantial harm to the conservation area, combined with the loss of employment use without evidence of marketing and inadequate living conditions for future occupiers, outweighed the limited benefits of one additional dwelling, and the heritage asset protection in NPPF paragraph 11d(i) prevented the tilted balance from applying.

The public benefits of one additional dwelling and minor economic benefits were outweighed by the less than substantial harm to the conservation area, the loss of an employment site without evidence of marketing, and the inadequate living conditions for future occupiers.

What the Inspector cited

Development plan policies
Policy CP3Policy CP8Policy CP15Policy DM1Policy DM20Policy DM26
National Planning Policy Framework
Paragraph 11Paragraph 208

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

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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.

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