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Planning appeal decision

Allowed19 July 20243328457

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

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)

Authority
Brighton and Hove City Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Roberts G

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.

Framework references: 11, 123, 124, 129, 135, 226

Plan policies cited: Policy CP3, Policy CP12, Policy CP14, Policy CP20, Policy DM18, Policy DM19, Policy DM20

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.