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Dismissed20 November 20243335595

73 Margate Road, Southsea, PO5 1EY

Planning appeal 3335595 at 73 Margate Road, Southsea, PO5 1EY (Portsmouth City Council) was dismissed on 20 November 2024 by Inspector Leonard S, by written representations. The main issue, as the Inspector framed it: Whether the appeal scheme provides adequate mitigation for impacts upon the Solent Special Protection Areas (SPAs).

Internal partitioning of bedroom 6 on the second floor to create an additional bedroom 7 with ensuite facilities, resulting in change from 6-bedroom to 7-bedroom HMO

Authority
Portsmouth City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Leonard S
Postcode
PO5 1EY

Main issues, as the Inspector framed them

  • Whether the appeal scheme provides adequate mitigation for impacts upon the Solent Special Protection Areas (SPAs)
  • Whether the appeal scheme provides appropriate living conditions for future occupiers, having particular regard to internal living space

What decided it

The absence of an executed legal agreement to secure the required mitigation contributions for impacts on the Solent SPAs meant the development would have an in-combination adverse effect on the integrity of the designated habitats sites, conflicting with the Habitats Regulations and the development plan.

The acceptable living conditions for future occupiers did not outweigh the likely significant adverse effect upon the integrity of the Solent SPAs for which there was no adequate mitigation.

What the Inspector cited

Development plan policies
Policy PCS13Policy PCS23
National Planning Policy Framework
Paragraph 186Paragraph 135
Judgments
Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314; Gambone v SSCLG

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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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.