Appeal 3359767

The appeal is allowed and planning permission is granted for French doors and Juliet balcony at [site address] in accordance with the terms of the application Ref BH2024/02841, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following plans: Drawing nos 2024/49 (Existing details) and 2024/49 (Proposed details).

The materials to be used in the development hereby permitted shall match those used in the existing building.

The description of development in the banner heading above is taken from the application form. Although the Council has used a different form of wording on the decision notice, I have seen no evidence to indicate this has been formally agreed in writing between the parties. My formal decision therefore uses the wording from the application form, which accurately describes the proposal.

The main issue is the effect of the proposal on the character and appearance of the host dwelling and the area including the Pembroke and Princes Conservation Area.

The appeal site is a two-storey detached dwelling located on a corner plot with the front elevation facing [address] and the side elevation facing [address]. The property is rendered white with a tiled roof and has been the subject of previous alterations including (but not limited to) alterations to the roof, a single storey side extension and, alterations to the fenestration and boundary treatment. The property is within the Pembroke and Princes Conservation Area which is subject to an Article 4 direction which has the effect of requiring planning permission for development that would not normally need it.

The proposal is for the replacement of a first-floor window on the front elevation of the property with French doors and a Juliet balcony located centrally on the property above the front door. Although the French doors would occupy a larger opening than the existing window, they would maintain the symmetry of the principal elevation and respect the fenestration on the host property. The use of matching materials would help to assimilate the new doors and balustrade into the overall design. [name] acknowledge that this type of development is not characteristic of the properties in [address] and [address], it would nevertheless constitute a relatively minor alteration and would be unlikely to read as an alien feature to the casual observer.

The appeal site lies within the Pembroke and Princes Conservation Area. S72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the Conservation Area. The character of [address] and [address] in particular derives from large detached dwellings with mainly brick or rendered elevations with steep, tiled hipped roofs. The proposed development would be modest in scale and would have no significant impact on the defining features of the Conservation Area.

I therefore conclude the proposal would not cause harm to the character and appearance of the host property or the character and appearance of the Conservation Area. I find no conflict with the statutory presumption under s72(1) of the Act or Policies CP12 and CP15 of the Brighton & Hove City Plan Part One (2016) and Policies DM18, DM21 and DM26 of the Brighton & Hove City Plan Part Two (2022). Amongst other things these policies seek to ensure development is well designed in relation to the host dwelling and preserves or enhances the existing character of the area.

I have imposed a condition specifying the approved plans as this provides certainty and a condition relating to materials to match the existing dwelling to safeguard the character and appearance of the building and the area.

For the reasons given above the appeal should be allowed.