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Planning appeal decision

Dismissed14 June 20243332017

117 Prince of Wales Avenue, SOUTHAMPTON, SO15 4LS

the conversion of the annexe into a separate unit

Authority
Southampton City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Rogers J

Main issues, as the Inspector framed them

  • whether the development provides acceptable living conditions for occupiers of the adjacent property (No 117) in terms of the provision of private outdoor space
  • whether the annexe provides acceptable living conditions for occupiers in terms of the provision of internal living space and private outdoor space
  • the effect of the development on the character and appearance of the area

What decided it

The failure to provide acceptable private outdoor space for occupiers of both No 117 and the annexe, contrary to Policy SDP1 and the Design Guide, which the Inspector found could not be outweighed by the limited housing benefits given the scale of the single dwelling.

The benefits of housing delivery in an area with a five-year housing supply shortfall were outweighed by the significant harm to living conditions through inadequate private outdoor space for both the adjacent property and the annexe occupiers.

Framework references: 11

Plan policies cited: Policy SDP1, Policy SDP7, Policy CS5, Design Guide

Judgments cited: Kazalbash v SSLUHC & London Borough of Hillingdon Council [2023] EWCA Civ 904

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.