®Planning appeal decision
Chardwood Rest Home, 127 Eastbourne Road, Pevensey Bay, BN24 6BN
change of use of the former care home into a 12 bedroom HMO with associated car and cycle parking and landscaping proposals
- Authority
- Wealden District Council
- Appeal type
- Planning
- Procedure
- Written
- Development
- residential
- Postcode
- BN24 6BN
Main issues, as the Inspector framed them
- Whether the appeal scheme comprises the creation of an HMO, or of flats
What decided it
The private kitchen facilities provided in each unit are sufficiently comprehensive that they constitute self-contained flats rather than HMO bedrooms, causing the scheme to conflict with development plan policies on space standards and affordable housing.
Although the Council cannot demonstrate a five-year housing land supply and the scheme would direct development to a sustainable location and make effective use of land, the adverse impacts of providing undersized flats that fall short of nationally described space standards and fail to provide affordable housing significantly and demonstrably outweigh the benefits, particularly as the appellant could implement the approved HMO scheme or another permission for seven flats to make a comparable contribution to housing without providing undersized accommodation.
Plan policies cited: Saved Policy EN27 of the Wealden Local Plan (1998), Spatial Planning Objectives SPO3, Spatial Planning Objectives SPO13, Policy WCS14 of the Wealden Core Strategy Local Plan (2013), Policy AFH1 of the Affordable Housing Delivery Local Plan (2016)
Judgments cited: Gravesham Borough Council v Secretary of State for the Environment (1984); Uttlesford District Council v Secretary of State for Communities and Local Government (2016); Moore v Secretary of State for Communities and Local Government (2013); Khodari, R (on the application of) v Royal Borough of Kensington and Chelsea (2017); Brighton & Hove City Council v Secretary of State (2019)
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.