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Planning appeal decision

Dismissed27 June 20253356149

47 Ainsworth Avenue, Ovingdean, East Sussex, BN2 7BG

the proposed demolition of existing bungalow plus ancillary buildings (Class C3) and erection of 3no. three-bedroom dwellings (Class C3) (net increase of 2no. dwellings), plus parking provision, refuse storage, soft landscaping and ecological enhancements

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

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area
  • the living conditions of the occupiers of 43 Ainsworth Avenue, with reference to privacy
  • the living conditions of the occupiers of 45 and 49 Ainsworth Avenue, with reference to outlook

What decided it

The material harm to character and appearance and the unacceptable impacts on the living conditions of neighbouring occupiers significantly and demonstrably outweigh the modest housing delivery benefits, even applying the tilted balance under paragraph 11(d) of the Framework.

The harm to character and appearance and living conditions of neighbours (afforded substantial weight) significantly and demonstrably outweighs the modest contribution to housing supply (afforded modest weight) and limited sustainability and biodiversity benefits, such that the Framework does not indicate in favour of the proposal.

Framework references: 11, 73

Plan policies cited: Policy CP12, Policy CP14, Policy DM18, Policy DM20

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]

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.