®Planning appeal decision
2 Ellenslea Road, St Leonards on Sea, East Sussex, TN37 6HX
for the removal of the remaining part of front wall of the single storey recreational structure to create a single one-bedroom flat
- Authority
- Hastings Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jolly J
Main issues, as the Inspector framed them
- whether the proposal would preserve or enhance the character or appearance of the Kings Road Conservation Area
- the effect of the proposal on the living conditions of future occupiers
- biodiversity net gain
- flood risk
What decided it
The failure to provide the required biodiversity net gain assessment and metric, which is a statutory requirement under Schedule 7A of the Town and Country Planning Act 1990, constitutes a fundamental flaw that cannot be remedied by condition.
The economic, environmental and social benefits of the single dwelling do not outweigh the substantial harm to living conditions of future occupiers and the failure to meet the statutory biodiversity net gain requirement, even applying the tilted balance under paragraph 11(d) of the Framework due to the absence of a five-year housing land supply.
Framework references: 11, 187
Plan policies cited: Policy DM1, Policy DM3
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.