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Planning appeal decision

Allowed11 February 20263374465

Birch Grove Nursing Home, 1-3 Stanford Avenue, BRIGHTON, BN1 6AD

demolition of existing Class C2 building and erection of a four storey building plus basement (car parking level) to provide replacement care (Class C2) facilities without complying with a condition attached to planning permission ref BH2022/00867, dated 8 June 2023

Authority
Brighton and Hove City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Other minor developments
Inspector
Housden C

Main issues, as the Inspector framed them

  • Whether restricting the occupation of 31 bedrooms of the proposed development to elderly nursing care accommodation is reasonable and necessary

What decided it

The existence of a fallback position allowing the same loss of elderly accommodation without planning permission made it unreasonable to impose the condition restricting bedroom use, despite the conflict with Policy DM4.

Plan policies cited: Policy DM4 of City Plan Part 2

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.