®Planning appeal decision
94 Overhill Drive , Brighton , East Sussex, BN1 8WJ
Planning appeal 3351060 at 94 Overhill Drive , Brighton , East Sussex, BN1 8WJ (Brighton and Hove City Council) was allowed on 10 February 2025 by Inspector Harley S, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.
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
- Postcode
- BN1 8WJ
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.
What the Inspector cited
- Development plan policies
- Policy CP12Policy CP14Policy DM1Policy DM18Policy DM19Policy DM20Policy DM21Policy DM44Urban Design Framework Supplementary Planning Document SPD17
- National Planning Policy Framework
- Paragraph 11
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.