®Planning appeal decision
Ground And First Floors Flat, 38 Boundary Road, Hove, BN3 4EF
Planning appeal 6002658 at Ground And First Floors Flat, 38 Boundary Road, Hove, BN3 4EF (Brighton and Hove City Council) was dismissed on 2 April 2026 by Inspector Knight A, by written representations. The main issue, as the Inspector framed it: whether the proposed development would result in the loss of a smaller family dwelling.
conversion of 1no residential flat (C3) to form 2no residential flats (C3)
- Authority
- Brighton and Hove City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Knight A
- Postcode
- BN3 4EF
Main issues, as the Inspector framed them
- whether the proposed development would result in the loss of a smaller family dwelling
- whether the proposed development would provide appropriate living conditions for future occupiers of the proposed Flat 3 with regards to external amenity space
What decided it
The inadequate external amenity space for the proposed family flat, combined with the loss of a smaller family dwelling below the 120m² threshold, means the adverse impacts significantly and demonstrably outweigh the housing supply benefits.
The benefits of housing delivery and effective land use in a location with acute housing land shortage were outweighed by the significant harm to living conditions for future occupiers and the loss of a smaller family dwelling contrary to the development plan's stated purpose.
What the Inspector cited
- Development plan policies
- Policy DM3 of the Brighton and Hove City Plan Part 2 (2022)
- National Planning Policy Framework
- Paragraph 11
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Brighton and Hove City Council
The authority’s record since 2016 · every decision in 2026
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- Dismissed15 September 2026600726623-24, Brunswick Square, Hove, BN3 1EJ
- Dismissed26 August 2026600958610 Windlesham Road, Brighton & Hove, Brighton, BN1 3AG
- Notice varied and upheld12 August 202633569778 Queens Gardens, Brighton, BN1 4AR
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.