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Dismissed14 June 20243332017

117 Prince of Wales Avenue, Southampton, SO15 4LS

Planning appeal 3332017 at 117 Prince of Wales Avenue, Southampton, SO15 4LS (Southampton City Council) was dismissed on 14 June 2024 by Inspector Rogers J, by written representations. The main issue, as the Inspector framed it: whether the development provides acceptable living conditions for occupiers of the adjacent property (No 117) in terms of the provision of private outdoor space.

the conversion of the annexe into a separate unit

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Rogers J
Postcode
SO15 4LS

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.

What the Inspector cited

Development plan policies
Policy SDP1Policy SDP7Policy CS5Design Guide
National Planning Policy Framework
Paragraph 11
Judgments
Kazalbash v SSLUHC & London Borough of Hillingdon Council [2023] EWCA Civ 904

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.

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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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