Age restriction retained at retirement flat

An inspector has refused to discharge a planning obligation securing a retirement age restriction on a flat in West Sussex because it continued to serve a useful planning purpose.

A retirement-age restriction was attached to a 1984 permission for a development of 67 flats, and applied to some but not all of the flats. Looking at the partiulcar circumstances of the flat concerned, the inspector noted the flat was unusual in having two balconies and two allocated parking spaces, although containing only a single bedroom and the only bathroom being en-suite, an arrangement that he considered militated against occupation by a family.

The inspector concluded that while there would be limited adverse effects on parking and amenity space, the retention of the restriction assisted in providing a mixed community and meeting the needs of elderly people in the area, in a suitable flat in a sustainable location close to the town centre and transport. The risk of noise and disturbance to elderly people who lived in the other flats because of the environment that the restriction secured was also a concern. The appeal was dismissed.

Inspector: S J Papworth; Written representations

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