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Planning appeal decision

Quashed On Legal Grounds22 October 20253349007

Flat 14, Thomas House Clifton Hill, Brighton, BN1 3EN

Planning appeal 3349007 at Flat 14, Thomas House Clifton Hill, Brighton, BN1 3EN (Brighton and Hove City Council) was decided (quashed on legal grounds) on 22 October 2025 by Inspector Naylor R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground b).

without planning permission, the material change of use to short term visitor accommodation (sui generis)

Authority
Brighton and Hove City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Naylor R
Postcode
BN1 3EN

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground b)
  • Whether the matters alleged in the enforcement notice, if they occurred, constitute a breach of planning control by way of material change of use (ground c)

What decided it

The modest size and layout of the flat, combined with its location within a purpose-built apartment block with communal facilities, meant that short-term visitor accommodation would not result in a significant difference in the character of activities compared to normal residential use, and therefore did not constitute a material change of use.

What the Inspector cited

Development plan policies
Policy DM2

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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More decisions in Brighton and Hove City Council

The authority’s record since 2016 · every decision in 2025

  1. Dismissed26 August 20266009586
    10 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
  2. Notice varied and upheld12 August 20263356977
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  3. Notice upheld28 July 20263356239
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  4. Dismissed14 July 20266006481
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  5. Dismissed14 July 20266007523
    42 Tidy Street, Brighton, Brighton and Hove, BN1 4EL

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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