Plans to build a three-storey block of six flats on a former electricity substation site have been approved on appeal.
Brighton and Hove City Council’s planning team turned down Brighton Lions Housing Society Limited’s application for the now-demolished substation in Manor Gardens because of the size of the building and a loss of privacy.
The council received 14 objections citing concerns about the effects on the environment, privacy and overshadowing.
There were also two supporting letters underlining the need for more housing in the area.
In the appeal, Brighton Lions Housing Society said that a certain amount of overlooking was “unavoidable” in “dense city locations. But some of the windows would be angled to avoid looking directly into other homes.
The statement of case said: “In this case, the separation distance of approximately 9m between facing windows is consistent with the pattern of development within the surrounding urban block, where existing flats already experience a comparable degree of inter-looking.
“The relationship proposed is therefore characteristic of this part of Brighton and does not represent a material intensification of overlooking beyond what is already experienced.”
The council responded by arguing that the new building was closer than the existing blocks.
The council said: “Even if there is already some degree of mutual overlooking present, this does not provide a justification for a significant worsening of the situation as is proposed.
“The oblique nature of some of the created views is recognised and may reduce (but not eliminate) the degree of actual overlooking. However, the perception of overlooking would not be affected.”
In approving the application, planning inspector David Smith said that obscured glass should be in place to protect privacy.
Mr Smith noted the scheme would have a negative impact on the nearby homes. But government policy to build more homes and Brighton and Hove’s inability to meet its housing target made the site a “sensible location” for new homes.
He said: “The site is brownfield land within the built-up area where new development is strongly encouraged.
“While there is some uncertainty, it is more than likely that six affordable homes would be delivered.”
To address concerns about the impact on trees, he added a condition that existing trees should also be protected through the construction process.







