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Planning appeal decision

Allowed19 July 20243328457

Land to the Rear of 303-305 Portland Road , Hove, BN3 5SE

Planning appeal 3328457 at Land to the Rear of 303-305 Portland Road , Hove, BN3 5SE (Brighton and Hove City Council) was allowed on 19 July 2024 by Inspector Roberts G, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of neighbouring occupiers.

demolition of existing buildings and erection of 2 to 5 storey residential building (C3) including basement vehicle parking and 3 storey commercial building comprising flexible Class E floorspace, with associated cycle and bin storage, landscaping and associated works (For information the proposal is for 26 no. residential units and 219sqm of commercial floorspace)

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Roberts G
Postcode
BN3 5SE

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of neighbouring occupiers
  • the character and appearance of the site and surrounding area

What decided it

The Council's inability to demonstrate a five-year housing land supply triggered the tilted balance under paragraph 11(d) of the Framework, and the significant benefits of the scheme, combined with the absence of significant adverse impacts on the main issues, firmly pointed towards the grant of planning permission.

The significant benefits of 26 residential units, brownfield redevelopment, economic investment, high quality design, modern commercial floorspace and sustainable location substantially outweighed the absence of any significant adverse impacts on living conditions or character and appearance, with the tilted balance applied under paragraph 11(d) of the Framework.

What the Inspector cited

Development plan policies
Policy CP3Policy CP12Policy CP14Policy CP20Policy DM18Policy DM19Policy DM20
National Planning Policy Framework
Paragraph 11Paragraph 123Paragraph 124Paragraph 129Paragraph 135Paragraph 226
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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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More decisions in Brighton and Hove City Council

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

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  3. Allowed27 January 20263375220
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  4. Dismissed22 January 20263369261
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  5. Quashed On Legal Grounds22 October 20253349007
    Flat 14, Thomas House Clifton Hill, Brighton, BN1 3EN

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.