# Dolphin Court, Shelley Road, Worthing

- **Decision:** dismissed, 4 September 2026
- **Decided by:** Planning Inspector: A Wright
- **Authority:** Worthing (South East)
- **Appeal reference:** 6007549
- **Application reference:** AWDM/1103/25
- **Procedure:** written-representations
- **Development:** Mansard-type roof extension providing 4 flats above a 1970s addition to a Victorian villa
- **Homes:** 4
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S4, L2, DP3, P3
- **Development plan policies:** Worthing Local Plan 2020-2036 (2023) DM2, DM5, Guide to Residential Development SPD 2013
- **Main issues:** character and appearance, living conditions
- **Tags:** tier-2, upward-extension, mansard, l2-airspace, design-refusal, living-conditions, s4-substantially-outweighed, parties-consulted-on-2026-framework

## Summary
A mansard storey adding four flats above a flat-roofed 1970s addition to a Victorian villa in Worthing. Dismissed. L2 gives substantial weight to mansard airspace homes only where the scheme meets its criteria: consistency with the street scene and acceptable daylight for neighbours. It met neither. Harm to character (DP3) and to neighbours' daylight and outlook (P3) substantially outweighed four homes under S4 (DL ¶31).

## What made the difference
Height relative to the host building. The mansard would rise almost to the villa's ridge and stand forward of it. It would also cut daylight to already poorly lit windows in the same building. The L2 substantial-weight uplift for mansards was lost because the scheme failed L2's own conditions.

## Policy findings
- **L2: fail.** airspace/mansard limb would attract substantial weight but criteria not met — street scene and neighbours' daylight (DL 28, 31)
- **DP3: fail.** mansard near ridge of villa, bulky and discordant; awkward stair core; boxy bin store (DL 8-12, 31)
- **P3: fail.** VSC to Dolphin Court second-floor window down to 18.5% (<0.7x); loss of outlook; privacy harm curable by condition (DL 18-25, 31)

## Key facts
- LP capacity-based provision 3,672 homes vs 14,160 need (DL 30)
- Parties invited to comment on 17 Aug 2026 Framework (DL 4)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6007549
- https://appeal-planning-decision.service.gov.uk/published-document/e6c0313f-ad72-4eb8-a868-94832f0c6677

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6007549.html

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