23 - 29 Sackville Road, Bexhill, TN39 3JD

Main issues, as the Inspector framed them

• the effect of the proposal on the occupying conditions of the users of 31 Sackville Road, with specific regard to overlooking from the proposal to its private amenity space
• whether the proposal would provide suitable living conditions for future occupiers, with specific regard to the location of the communal space, privacy, daylight and sunlight, floor area, outlook and location of the wet rooms
• the living conditions of nearby neighbours with regard to noise and disturbance

What decided it

The significant harm to the living conditions of future occupiers through inadequate communal space access and severe privacy loss, combined with harm to the neighbouring property's amenity space through overlooking, substantially and demonstrably outweighed the housing benefits despite the Council's inability to demonstrate five-year housing land supply.

The significant adverse effects of granting planning permission through harm to the living conditions of future occupiers and existing users of No 31 substantially and demonstrably outweighed the benefits of housing provision on a brownfield town centre site, therefore the presumption in favour of sustainable development did not apply.