Case 3282777

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN

Brighton and Hove City Council — appeal dismissed

Outcome
Dismissed
Decision date
27 June 2022
Authority
Brighton and Hove City Council
Inspector
Andrews M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Routledge Financial
Agent
Mrs G Davidson
LPA reference
BH2021/01985
ONS LPA code
E06000043
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 February 2022

Summary AI

The appeal for a basement office conversion was dismissed due to insufficient justification for the loss of an established residential unit in a sustainable location. The Inspector considered the housing shortfall in Brighton and the emphasis on housing provision in the Framework.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Appeal Decision Site visit made on 20 May 2022 by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI an Inspector appointed by the Secretary of State Decision date: 27 June 2022 Appeal Ref: APP/Q1445/W/21/3282777 Routledge Financial Ltd, 98 Portland Road, Hove BN3 5DN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Michael Routledge against the decision of Brighton and Hove City Council. • The application, Ref. BH2021/01985, dated 26 May 2021, was refused by notice dated 6 August 2021. • The development proposed is the conversion of a basement from a flat to an office. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether there is justification for the loss of the existing basement residential use having regard to the impact on the City’s housing stock and choice in the area and to all other material considerations. Reasons 3.

Page 1 · Chunk 1 Appeal Decision

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Appeal Decision The parties to the appeal recognise that there is a planning balance in this case: on the one hand the appellant attaches greater weight to the need to convert the existing basement flat to enable the expansion of the existing business on the ground floor, whereas on the other the Council argues that given the acute housing shortfall in Brighton the retention of the residential use should take priority. 4. This view of the Council is supported by Policy HO8 of the Brighton and Hove Local Plan 2005 (Retained Policies March 2016) which precludes a grant of permission that would involve a loss of residential accommodation unless there are exceptional circumstances. Local Plan Policy EM4 appears in my view to be less relevant, but the emerging City Plan Part 2 Policy DM2 carries forward the Local Plan by including constraints on the loss of housing units in development proposals. 5. In this application the appellant already has an existing business that occupies the ground floor of the building and seeks to convert the basement flat in order that the floorspace can accommodate an increase in employee numbers and allow the improvement of supporting facilities.

Page 1 · Chunk 2 Appeal Decision

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Appeal Decision I acknowledge the merits of this case and that there is policy support in the form of City Plan Part 1 Policies CP2

Page 1 · Chunk 3 Appeal Decision

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Appeal Decision I acknowledge the merits of this case and that there is policy support in the form of City Plan Part 1 Policies CP2 Appeal Decision APP/Q1445/W/21/3282777 and CP3, as well as in Section 6: ‘Building a Strong, Competitive Economy’ of the National Planning Policy Framework 2021 (‘the Framework’). 6. However, in weighing the pros and cons or the appeal scheme I note that since its formation in 2016 the personnel of the existing business has grown to a team of 14 spread across the Hove and Worthing areas. Whilst there would be advantages in expanding at the Portland Road premises, there is no persuasive evidence that other options for increased floorspace within this catchment area are not available. Nor are convincing reasons given that the existing business would be forced to move from Portland Road if the expansion into the basement cannot go ahead. 7. In contrast to the potential for options for the expansion of the business were the appeal to be dismissed, a grant of permission would almost certainly lead to the loss of an existing residence comprising someone’s home, and as likely as not having this use for over 20 years, assuming the permission given in 2000 was promptly implemented.

Page 2 · Chunk 4 Appeal Decision

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Appeal Decision I acknowledge that the flat does not fully meet the Nationally Described Space Standards, but from my inspection I am satisfied that it is nonetheless of an acceptable quality, particularly if it were to be used in future as a one-person unit. I am also mindful that the accommodation would be positioned at the lower end of the market in terms of either a sale or rental, which with Brighton’s demographic would be likely to place it as highly sought- after accommodation. 8. The officer’s report explains that the latest figure available demonstrates a five- year housing shortfall in the city of 6,604 units, equivalent to 2.2 years of housing supply. And in these circumstances, combined with the emphasis on housing provision in the Framework in areas of shortfall, l I consider that incremental provision on small sites has a significant role to play. 9. Weighing the balance of the arguments and taking account of all other matters raised, I conclude that there is insufficient justification in this instance for a scheme that would result in the loss of an established residential unit in a sustainable location.

Page 2 · Chunk 5 Appeal Decision

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Appeal Decision This would be in harmful conflict with the aforementioned Policies HO8 & DM2 and with Government policy in the Framework to prioritise housing provision in sustainable locations with a strong and sustained demand. 10. The appeal is dismissed accordingly.

Page 2 · Chunk 6 Martin Andrews

Routledge Financial Ltd, 98 Portland Road, HOVE, BN3 5DN — Brighton and Hove City Council — Martin Andrews INSPECTOR 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Housing land supply
Against appellant
¶8

The Inspector considered the latest figure available demonstrating a five-year housing shortfall in the city of 6,604 units, equivalent to 2.2 years of housing supply, and the emphasis on housing provision in the Framework in areas of shortfall.

Living conditions
For appellant
¶7

The Inspector acknowledged that the accommodation would be of an acceptable quality and that it would be positioned at the lower end of the market in terms of either a sale or rental, which would be highly sought-after in Brighton's demographic.

Character and appearance
Neutral
¶6

The Inspector noted that the personnel of the existing business had grown to a team of 14 spread across the Hove and Worthing areas, but there was no persuasive evidence that other options for increased floorspace within this catchment area were not available.

Policies relied on

Reference Weight
Policy HO8 of the Brighton and Hove Local Plan 2005
Determinative
Local Plan Policy EM4
Limited
City Plan Part 2 Policy DM2
Determinative
City Plan Part 1 Policies CP2 and CP3
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 27 June 2022 under the Open Government Licence.