Appeal Allowed — the UK
BH2025/02112
141 Davigdor Road, BN3 1SH
The appeal decision concerns a proposal by The Baron Homes Corporation Ltd. for the conversion of a basement at 141 Davigdor Road, Hove, into three self-contained two-bedroom flats. The Brighton and Hove City Council had previously refused planning permission, prompting the appeal under section 78 of the Town and Country Planning Act 1990. The main issues identified by the Inspector were the living conditions for future occupants, particularly regarding outlook, daylight, and privacy, and the proposal's impact on the character and appearance of the area. The Inspector noted that while the flats would exceed space standards and receive adequate daylight, they would have a restricted outlook due to their single-aspect design. This limitation was deemed to cause moderate harm to living conditions, although the overall benefits of the proposal were considered substantial. In terms of character and appearance, the Inspector found that the proposed glazed balustrade, while not common in the area, would not detract from the street scene, and the loss of a hedge would have a limited impact. The absence of private outdoor amenity space was acknowledged but deemed acceptable given the site-specific circumstances. Ultimately, the Inspector concluded that the benefits of providing three family-sized homes in a location with a significant housing shortfall outweighed the identified harms. Consequently, the appeal was allowed, and planning permission was granted, subject to conditions including the approval of detailed plans for the balustrade, provision of cycle parking, and achieving a minimum Energy Performance Certificate rating of ‘C’.
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