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Planning appeal decision

Allowed19 May 20253349277

38 Merrivale Road, Portsmouth, PO2 0TJ

Planning appeal 3349277 at 38 Merrivale Road, Portsmouth, PO2 0TJ (Portsmouth City Council) was allowed on 19 May 2025 by Inspector Leonard S, by written representations. The main issue, as the Inspector framed it: Whether the proposal would provide inadequate capacity for foul drainage such that it would result in localised surface water flooding.

Change of use from dwellinghouse (Class C3) to 7-person/7-bedroom House in Multiple Occupation (Sui Generis)

Authority
Portsmouth City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Leonard S
Postcode
PO2 0TJ

Main issues, as the Inspector framed them

  • Whether the proposal would provide inadequate capacity for foul drainage such that it would result in localised surface water flooding
  • Whether the proposal would provide adequate mitigation for the Solent Special Protection Areas (SPAs)
  • Whether the proposal would harm the living conditions of the occupiers of 40 Merrivale Road, having particular regard to fear of crime

What decided it

The absence of substantive evidence that the proposal would result in inadequate foul drainage capacity, combined with adequate mitigation for the SPAs and no credible evidence of increased crime risk, meant the proposal accorded with the development plan and should be allowed.

What the Inspector cited

Development plan policies
Policy PCS12Policy PCS13Policy PCS20Policy PCS23
National Planning Policy Framework
Paragraph 193Paragraph 57
Judgments
Barratt Homes Ltd v Dwr Cymru Cyfyngedig [2009] UKSC 13

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 authority’s record since 2016 · every decision in 2025

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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.