# 10 Windlesham Road, Brighton (HMO alterations, 10 residents plus manager)

- **Decision:** dismissed, 26 August 2026
- **Decided by:** Planning Inspector: A Wright
- **Authority:** Brighton and Hove (South East)
- **Appeal reference:** 6009586
- **Application reference:** BH2026/00119
- **Procedure:** written-representations
- **Development:** Alterations and rear extensions to a 10-person sui generis HMO, garage conversion, manager's studio and a C3 studio (part retrospective)
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** s38(6)
- **Development plan policies:** Brighton and Hove City Plan Part Two 2022 DM1, DM7, DM20, DM40
- **Main issues:** living conditions of future occupiers, neighbours (noise)
- **Tags:** tier-2, hmo, living-conditions, transitional-no-consultation

## Summary
Reconfiguring a Brighton HMO for ten residents plus a manager was dismissed. Communal space would fall short of the City Plan DM7 standard and be fragmented across three floors, with smaller bedrooms (DL ¶12-15). There was no neighbour harm, given the adjoining lawful large HMO (DL ¶17).

## What made the difference
The studio occupiers would still use the communal rooms, so the shortfall could not be discounted (DL ¶11-12).

## Policy findings
- **P3: fail.** communal space 30.3 sqm split over three floors against about 36-44 sqm required under DM7 (DL 11-15)
- **P3: pass.** one extra occupant next to a lawful 11-person HMO causes no unacceptable neighbour disturbance (DL 16-18)

## Key facts
- The new Framework "has introduced significant changes to its structure and presentation", but the policy approach on these issues "has not fundamentally changed"; no comments sought (DL 5)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009586
- https://appeal-planning-decision.service.gov.uk/published-document/abef994f-e32f-4e6b-8236-87c58f186923

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009586.html

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