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Planning appeal decision

Allowed10 February 20253351060

94 Overhill Drive , Brighton , East Sussex, BN1 8WJ

the erection of a dwelling

Authority
Brighton and Hove City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Harley S

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether or not satisfactory living conditions would be provided for future occupants
  • the effect on living conditions of occupiers of neighbouring properties

What decided it

The substantial shortfall in five-year housing land supply (1.7 years) and the Framework's requirement to grant permission unless adverse impacts significantly and demonstrably outweigh benefits, combined with the material consideration of the fallback position of a taller permitted outbuilding.

The material harms to character and appearance (limited), living conditions of future occupants (constrained outlook and access) and neighbouring No 96 (reduced amenity space), carrying moderate weight, were outweighed by the great weight given to housing delivery in a location with insufficient five-year supply, moderate weight for efficient land use and windfall development, and the fallback position of a more harmful permitted outbuilding, resulting in permission being granted under the tilted balance.

Framework references: 11

Plan policies cited: Policy CP12, Policy CP14, Policy DM1, Policy DM18, Policy DM19, Policy DM20, Policy DM21, Policy DM44, Urban Design Framework Supplementary Planning Document SPD17

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.