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Planning appeal decision

Dismissed7 October 20243335996

9 - 10 St James's Street, Brighton, BN2 1RE

Planning appeal 3335996 at 9 - 10 St James's Street, Brighton, BN2 1RE (Brighton and Hove City Council) was dismissed on 7 October 2024 by Inspector O'Brien L, by written representations. The main issue, as the Inspector framed it: whether conditions 3, 4 and 5 restricting opening hours are necessary with particular regard to the effect of the proposal on the living conditions of neighbouring residents with particular regard to noise and disturbance.

change of use of ground floor from betting shop (Sui Generis) to adult gaming centre (Sui Generis) and associated shopfront alterations without complying with conditions attached to planning permission Ref BH2021/01276, dated 3 September 2021

Authority
Brighton and Hove City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
O'Brien L
Postcode
BN2 1RE

Main issues, as the Inspector framed them

  • whether conditions 3, 4 and 5 restricting opening hours are necessary with particular regard to the effect of the proposal on the living conditions of neighbouring residents with particular regard to noise and disturbance
  • whether conditions 3, 4 and 5 restricting opening hours are necessary with particular regard to the effect of the proposal on crime

What decided it

The proposal would cause unacceptable harm to the living conditions of neighbouring residents through noise and disturbance at times when they should reasonably expect to enjoy peace in their homes, conflicting with Policy DM20.

What the Inspector cited

Development plan policies
Policy DM20Policy SU10Policy QD27

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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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.