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Three Brighton and Hove property owners ordered to undo changes to their buildings

by Frank le Duc
Wednesday 5 Jan, 2011 at 2:46PM
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Three property owners who carried out work without planning permission have lost their appeals against enforcement action.

Each of the owners appealed to the Planning Inspectorate against decisions by Brighton and Hove City Council.

But the council won all three cases including one in a conservation area and one where a chimney will now have to be pulled down.

The first appeal related to an enforcement notice to remove uPVC windows from the front of 24 Walpole Terrace, Brighton.

The property is in the College Conservation Area where properties have traditional sash windows.

Restrictions affect what alterations can be made to buildings in conservation areas to protect the historic nature of those areas.

The council also won its case against Essam Shawki, of 79-80 Western Road, Hove, to enforce the removal of three sets of French doors.

These were installed without planning permission on the first floor at the back of the building.

An independent planning inspector said that they were highly visible and several residents had raised objections.

He said that they added a loss of privacy for neighbours and could cause noise disturbance when opened as the building is part of a restaurant and bar.

The owner has three months to install fixed windows instead which already have planning permission.

At 9 Benfield Close, Portslade, the owner, P J Fagan, will have to remove a chimney put up without planning permission on the flat roof of a bungalow extension.

The extension also does not have permission.

Councillor Lynda Hyde, the chairman of Brighton and Hove’s planning committee, said: “These appeals show that the council is taking the correct action where appropriate to protect neighbourhoods from visual impact and prevent adverse affects on neighbours.

“However, it is always better, both for the council and the property owner, to take advantage of the free advice offered by our planning officers and secure planning permission before you start work, so that these sorts of situations do not arise.”

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