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Planning appeal decision

Notice varied and upheld12 August 20263356977

8 Queens Gardens, Brighton, BN1 4AR

Planning appeal 3356977 at 8 Queens Gardens, Brighton, BN1 4AR (Brighton and Hove City Council) was allowed in part (a split decision) on 12 August 2026 by Inspector Goldberg V, by written representations. The main issue, as the Inspector framed it: Ground (c): whether the change of use to short term visitor accommodation constitutes a breach of planning control.

Appeal type
Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Goldberg V

Main issues, as the Inspector framed them

  • Ground (c): whether the change of use to short term visitor accommodation constitutes a breach of planning control
  • Ground (a): whether planning permission should be granted for the material change of use, having regard to the loss of residential accommodation
  • Ground (g): whether the period specified for compliance with the enforcement notice is reasonable

What decided it

The cumulative evidence demonstrated that the property operates predominantly as commercial short-term visitor accommodation with a material change in the character of use from a Class C3 dwellinghouse, resulting in the loss of residential accommodation contrary to Policy DM2.

the modest economic benefits arising from the use of the appeal property as visitor accommodation attracted only limited weight and did not outweigh the conflict with Policy DM2, which seeks to protect the city's existing stock of residential accommodation

What the Inspector cited

Development plan policies
Policy DM2 of the Brighton & Hove City Plan Part TwoPolicy CP6 of the Brighton & Hove City Plan Part One
Judgments
Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202

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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More decisions in Brighton and Hove City Council

The authority’s record since 2016 · every decision in 2026

  1. Notice upheld28 July 20263356239
    5 New Steine, Brighton, BN2 1PB
  2. Dismissed9 June 20263374437
    49 Rock Street, Brighton, BN2 1NF
  3. Dismissed22 May 20263355579
    Basement Flat, 10 Prince Albert Street, Brighton, BN1 1HE
  4. Allowed17 November 20253369410
    62 Albion Hill , Brighton , BN2 9NX
  5. Quashed On Legal Grounds22 October 20253349007
    Flat 14, Thomas House Clifton Hill, Brighton, BN1 3EN

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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