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Planning appeal decision

Allowed1 November 20233322316

27 Clifton Road, West Sussex, LITTLEHAMPTON, BN17 5TE

change of use (regularisation and part retrospective) to Sui Generis 10 room HMO and C3 Flat on the first floor

Authority
Arun District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Change of use
Inspector
MacLeod R

Main issues, as the Inspector framed them

  • the suitability of the ground floor and the first floor of the premises for the residential accommodation proposed having regard to flood risk and mitigation measures
  • the adequacy of the outside amenity space provision for occupiers of the proposed first floor residential accommodation
  • local housing need
  • the planning balances with respect to the proposals' benefits including housing provision and any shortfalls

What decided it

For Appeal B, the unacceptable risk to life from flooding on the ground floor with no safe refuge decided the appeal; for Appeal A, the acceptable (insignificant) flood risk on the first floor combined with the housing benefits in a context of a housing land supply shortfall decided the appeal.

For the ground floor, the significant flood risk harm and conflict with Policy W DM2 outweighed the benefits of additional housing, engaging the Footnote 7 exception to the tilted balance and leading to dismissal; for the first floor, the housing benefits and sustainable location outweighed the insignificant flood risk and minor amenity space shortfall, and the proposal was allowed under the tilted balance.

Framework references: 11, 60, 69, 128, 130, 134, 159, 164, 167

Plan policies cited: Policy W DM2, Policy H SP4, Policy D DM1, Policy QE SP1, Policy SD SP2, Policy 2 (Littlehampton Neighbourhood Plan), Policy 3 (Littlehampton Neighbourhood Plan)

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.