No:

BH2020/02835

Ward:

Rottingdean Coastal Ward

App Type:

Full Planning

 

Address:

Land To The Rear Of 28-30 Longhill Road, Brighton BN2 7BE     

 

Proposal:

Erecton of 4no three bedroom two storey houses with new vehicular access, car parking, cycle parking and refuse storage facilities.

 

Officer:

Emily Stanbridge, tel: 293311

Valid Date:

16.10.2020

 

Con Area:

 

Expiry Date: 

11.12.2020

 

Listed Building Grade: 

EOT:

 

Agent:

Lewis And Co Planning SE Ltd   Lewis & Co Planning    2 Port Hall Road   Brighton   BN1 5PD              

Applicant:

Cross Homes (Ovingdean) Ltd   C/O Lewis and Co Planning   2 Port Hall Road   Brighton   BN1 5PD              

 



1.               RECOMMENDATION

 

1.1.          That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to GRANT planning permission subject to the following Conditions and Informatives:



Conditions:

1.         The development hereby permitted shall be carried out in accordance with the approved drawings listed below.

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Plan Type

Reference

Version

Date Received

Report/Statement

Arboricultural Impact assessment and outline method statement  

20 November 2020

Report/Statement

Amenity land management plan  

20 November 2020

Proposed Drawing

Preliminary tree protection plan  

20 November 2020

Proposed Drawing

Tree layout plan  

20 November 2020

Proposed Drawing

Amenity land management plan  

20 November 2020

Report/Statement

Preliminary roost assessment (bats)  

11 January 2021

Proposed Drawing

2060-P-004  

15 January 2021

Proposed Drawing

2060-P-005  

C

15 January 2021

Proposed Drawing

2060-P-006  

15 January 2021

Proposed Drawing

2060-P-007  

A

15 January 2021

Location and block plan

2060-P-001  

B

15 January 2021

Proposed Drawing

2060-P-003  

A

15 January 2021

Report/Statement

Badger Method Statement  

5 October 2020

Report/Statement

Badger Survey Report  

9 November 2020

Report/Statement

Noise Impact Assessment  

5 October 2020

Report/Statement

Preliminary Ecological Appraisal  

9 November 2020

 

 

2.         The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions.

 

3.         No extension, enlargement or other alteration of the dwellinghouse(s) as provided for within Schedule 2, Part 1, Classes A-E of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (or any order revoking and re-enacting that Order with or without modification) other than that expressly authorised by this permission shall be carried out without planning permission obtained from the Local Planning Authority.

Reason: The Local Planning Authority considers that further development could cause detriment to the character of the area and for this reason would wish to control any future development to comply with policy QD14 of the Brighton & Hove Local Plan.

 

4.         No development shall commence until full details of existing and proposed ground levels (referenced as Ordinance Datum) within the site and on land and buildings adjoining the site by means of spot heights and cross-sections, proposed siting and finished floor levels of all buildings and structures, have been submitted to and approved by the Local Planning Authority. The development shall then be implemented in accordance with the approved level details.

Reason: As this matter is fundamental to the acceptable delivery of the permission to safeguard the amenities of nearby properties and to safeguard the character and appearance of the area, in addition to comply with policy QD27 of the Brighton & Hove Local Plan and CP12 of the City Plan Part One

 

 

5.         No development shall take place until an ecological design strategy (EDS) addressing protection and buffering of Ovingdean Copse Local Wildlife Site, and enhancement of the site for biodiversity to include the recommendations made in the Preliminary Ecological Appraisal report (The Ecology Consultancy, 19/10/2020) has been submitted to and approved in writing by the local planning authority. The EDS shall include the following:

a)      purpose and conservation objectives for the proposed works;

b)      review of site potential and constraints;

c)       detailed design(s) and/or working method(s) to achieve stated objectives;

d)      extent and location /area of proposed works on appropriate scale maps and plans;

e)      type and source of materials to be used where appropriate, e.g. native species of local provenance;

f)       timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

g)      persons responsible for implementing the works;

h)      details of initial aftercare and long-term maintenance; 

i)        details for monitoring and remedial measures;

j)        details for disposal of any wastes arising from works.

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter. 

Reason: To ensure that any adverse environmental impacts of development activities can be mitigated, compensated and restored and that the proposed design, specification and implementation can demonstrate this, and to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 170 and 175 of the National Planning Policy Framework, and Policy CP10 of the Brighton & Hove City Council City Plan Part One.

 

6.         No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

a)      risk assessment of potentially damaging construction activities;

b)      identification of "biodiversity protection zones"; 

c)       practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

d)      the location and timing of sensitive works to avoid harm to biodiversity features;

e)      the times during construction when specialist ecologists need to be present on site to oversee works;

f)       responsible persons and lines of communication;

g)      the role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

h)      use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period in accordance with the approved details. 

Reason: To ensure that any adverse environmental impacts of development activities are mitigated.

 

7.         Prior to the commencement of the development hereby approved (including demolition and all preparatory work), a scheme for the protection of the retained trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and a detailed Arboricultural method statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority.  The development thereafter shall be implemented in strict accordance with the approved details.

Reason: As this matter is fundamental to protecting the trees which are to be retained on the site during construction works in the interest of the visual amenities of the area and to comply with policies QD16 of the Brighton & Hove Local Plan and CP12/CP13 of the Brighton & Hove City Plan Part One and SPD06:Trees and Development Sites.

 

8.         Prior to the commencement of the development hereby approved, a scheme for landscaping shall be submitted to and approved in writing by the Local Planning Authority. The approved landscaping shall be implemented in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. The scheme shall include the following:

a.       details of all hard and soft surfacing to include type, position, design, dimensions and materials and any sustainable drainage system used;

b.       a schedule detailing sizes and numbers/densities of all proposed plants c.        a schedule of mitigation planting to offset the loss of trees identified for removal, including details of tree pit design, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period;

d.       details of all boundary treatments to include type, position, design, dimensions and materials;

e.       details of revised access paths to the bin and cycle stores 

Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies QD15 of the Brighton & Hove Local Plan and CP12 and CP13 of the Brighton & Hove City Plan Part One.

 

9.         The vehicle parking area shown on the approved plans shall not be used otherwise than for the parking of private motor vehicles and motorcycles belonging to the occupants of and visitors to the development hereby approved.

Reason: To ensure that adequate parking provision is retained and to comply with policy TR7 of the Brighton & Hove Local Plan.

 

10.      The new crossover and access shall be constructed prior to the first occupation of the development hereby permitted.

Reason: In the interests of highway safety and to comply with policies TR7 of the Brighton & Hove Local Plan and SA6, CP7, CP9, CP12, CP13 and CP15 of the City Plan Part One.

 

11.      No development above ground floor slab level of any part of the development hereby permitted shall take place until samples of all materials to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Planning Authority, including (where applicable):

a)      samples of all brick and tiling

b)      samples of all hard surfacing materials

c)      details of the proposed windows, doors, balconies and railings treatments

d)      details of all other materials to be used externally

Development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory appearance to the development and to comply with policy CP12 of the City Plan Part One.

 

12.      No development above ground floor slab level of any part of the development hereby permitted shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to comply with policy SU3 of the Brighton & Hove Local Plan.

 

13.      A landscape and ecological management plan (LEMP) shall be submitted to, and approved in writing by, the local planning authority prior to occupation of the development. The content of the LEMP shall include the following:

a)      description and evaluation of features to be managed;

b)      ecological trends and constraints on site that might influence management;

c)      aims and objectives of management;

d)      appropriate management options for achieving aims and objectives;

e)      prescriptions for management actions, together with a plan of management compartments;

f)       preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period;

g)      details of the body or organisation responsible for implementation of the plan;

h)      ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plans shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Reason: Biological communities are constantly changing and require positive management to maintain their conservation value. The implementation of a LEMP will ensure the long term management of habitats, species and other biodiversity features.

 

14.      Prior to occupation, a "lighting design strategy for biodiversity" shall be submitted to and approved in writing by the local planning authority. The strategy shall:

a)      identify those areas/features on site that are particularly sensitive for bats and badgers and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b)      show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the planning authority. 

Reason: Many species active at night (e.g. bats and badgers) are sensitive to light pollution. The introduction of artificial light might mean such species are disturbed and /or discouraged from using their breeding and resting places, established flyways or foraging areas. Such disturbance can constitute an offence under relevant wildlife legislation.

 

15.      No development shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with policy HE12 of the Brighton & Hove Local Plan and CP15 of the Brighton & Hove City Plan Part One.

 

16.      The archaeological work shall be carried out in accordance with the approved written scheme of investigation and a written record of all archaeological works undertaken shall be submitted to the Local Planning Authority within 3 months of the completion of any archaeological investigation unless an alternative timescale for submission of the report is agreed in writing with the Local Planning Authority.

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with policy HE12 of the Brighton & Hove Local Plan and CP15 of the Brighton & Hove City Plan Part One.

 

17.      The development hereby permitted shall not be occupied until details of secure cycle parking facilities for the occupants of, and visitors to, the development have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy TR14 of the Brighton & Hove Local Plan and SPD14: Parking Standards.

 

18.      The development hereby approved shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for use. These facilities shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling and to comply with policy QD27 of the Brighton & Hove Local Plan.

 

19.      The dwelling(s) hereby permitted shall be completed in compliance with Building Regulations Optional Requirement M4(2) (accessible and adaptable dwellings) prior to first occupation and shall be retained as such thereafter. Evidence of compliance shall be notified to the building control body appointed for the development in the appropriate Full Plans Application, or Building Notice, or Initial Notice to enable the building control body to check compliance.

Reason: To ensure satisfactory provision of homes for people with disabilities and to meet the changing needs of households and to comply with policy HO13 of the Brighton & Hove Local Plan.

 

20.      None of the residential units hereby approved shall be occupied until each residential unit built has achieved an energy efficiency standard of a minimum of 19% CO2 improvement over Building Regulations requirements Part L 2013 (TER Baseline).

Reason: To ensure that the development is sustainable and makes efficient use of energy to comply with policy CP8 of the City Plan Part One.

 

21.      None of the residential units hereby approved shall be occupied until each residential unit built has achieved a water efficiency standard using not more than 110 litres per person per day maximum indoor water consumption.

Reason: To ensure that the development is sustainable and makes efficient use of water to comply with policy CP8 of the City Plan Part One.

 

22.      A bee brick shall be incorporated within the external wall of each of the dwellings hereby approved and shall be retained thereafter.

Reason: To enhance the biodiversity of the site and to comply with Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development.

 

23.      Eight (8) swift bricks/boxes shall be incorporated within the external walls of the development hereby approved and shall be retained thereafter.

Reason: To enhance the biodiversity of the site and to comply with Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development.

 

Informatives:

1.         In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development.  The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

 

2.         The planning permission granted includes vehicle crossovers which require alterations and amendments to areas of the public highway. All necessary costs including any necessary amendments to a Traffic Regulation Order (TRO), the appropriate license and application fees for the crossing and any costs associated with the movement of any existing street furniture will have to be funded by the applicant. Although these works are approved in principle by the Highway Authority, no permission is hereby granted to carry out these works until all necessary and appropriate design details have been submitted and agreed. The crossover is required to be constructed under licence from the Highway Authority. The applicant must contact the Streetworks Team (permit.admin@brighton-hove.gov.uk 01273 290729) at their earliest convenience to avoid any delay and prior to any works commencing on the adopted (public) highway.

 

3.         The water efficiency standard required is the 'optional requirement' detailed in Building Regulations Part G Approved Document (AD) Building Regulations (2015), at Appendix A paragraph A1. The applicant is advised this standard can be achieved through either: (a) using the 'fittings approach' where water fittings are installed as per the table at 2.2, page 7, with a maximum specification of 4/2.6 litre dual flush WC; 8L/min shower, 17L bath, 5L/min basin taps, 6L/min sink taps, 1.25L/place setting dishwasher, 8.17 L/kg washing machine; or (b) using the water efficiency calculation methodology detailed in the AD Part G Appendix A.

 

4.         Where possible, bee bricks should be placed in a south facing wall in a sunny location at least 1 metre above ground level.

 

5.         Swift bricks/boxes can be placed on any elevation, but ideally under shade-casting eaves. They should be installed in groups of at least three, at a height above 5m height, and preferably with a 5m clearance between the host building and other buildings or obstructions. Where possible avoid siting them above windows or doors. Swift bricks should be used unless these are not practical due to the nature of construction, in which case alternative designs of suitable swift boxes should be provided in their place.

 

 

2.               SITE LOCATION

 

2.1.          The application site comprises the rear garden to a chalet bungalow located on the east side of Longhill Road. The garden extends behind the rear gardens of dwellings into a large 59m by 58m parcel of land to the rear of 22, 24 & 26 Longhill Road. The rear part of the site forms woodland on land that falls sharply down to properties on Elvin Crescent to the east. The large rear garden of 34 Longhill Road sits to the north, with a narrow wing of the garden to 22 Longhill Road to the south. Back-land dwellings to the rear of 10 & 50 Longhill Road sit further to the south and north respectively. Longhill Road is formed of a variety of detached dwellings with large front and rear gardens.

 

2.2.          The application site sits within a narrow strip of land that falls outside the defined built-up area of the city, the boundary of which runs long the common rear garden lines of  Longhill Road and Elvin Crescent. The South Downs National Park sits approximately 150m to the south. The main part of the site falls within Site 43 of the Urban Fringe Assessment and is a designated Nature Improvement Area.

 

 

3.               RELEVANT HISTORY 

3.1.          BH2019/00285 Demolition of existing dwelling house (C3), and erection of 5no detached 2 storey dwelling houses (C3), with new vehicle and pedestrian access, parking and landscaping. Withdrawn

 

3.2.          PRE2018/00306 Erection of 4 new dwellings (and rebuild of existing dwelling) 

 

3.3.          BH2015/04378 Demolition of existing dwelling at 28 Longhill Road and erection of 2no single dwellings. Approved July 2016

 

3.4.          BH2015/00483 Outline application with some matters reserved for the demolition of 28 Longhill Road and erection of 4no dwelling houses. Refused May 2015

 

 

4.               APPLICATION DESCRIPTION

 

4.1.          The site currently benefits from an extant permission for the construction of two detached dwellings, including the construction of a new vehicular access between No's 28-30 and 26 Longhill Road which has already been constructed. Planning permission is now sought for the erection of four, three-bed detached properties 

 

 

5.               REPRESENTATIONS 

 

5.1.          Thirty One (31) letters of representation have been received objecting to the scheme for the following reasons:

·      The site is a wildlife corridor - loss of habitats and ecosystems, negative impact on woodland to the rear of the site

·      Loss of view

·      Homes need to be affordable

·      Loss of privacy

·      Increased noise and light disturbance

·      Increased traffic and congestion

·      Potential for precedent of further development/increased urbanisation of Ovingdean

·      Local infrastructure is not in place to support village expansion

·      Increased pollution

·      Should build on brownfield land, not garden

·      Impacts on highway safety

·      Disruption during construction

·      Impact on the local skyline by the felling of trees

·      Access road will change the character of the street

·      Additional traffic noise from increased occupation

·      Dwellings have no front gardens

·      Existing permission is more sympathetic, smaller footprint, included acoustic screen and sedum roofs

·      The development offers no protection to the southern side of the proposed driveway and neighbours

 

5.2.          A letter of representation has also been received from Rottingdean Parish Council which objects to the scheme for the following reasons:

·      Overdevelopment of the site

·      The development would impinge on the adjacent wildlife corridor

 

5.3.          Seven (7) letters of representation have been received supporting  the scheme for the following reasons:

·      The proposed houses are modern and of high quality

·      The development makes a valuable contribution to the needed housing stock

·      Good use of the site

·      Car parking and cycle parking are incorporated

·      The scheme improves the road

·      The new houses would not look out of place

 

5.4.          Councillor Mary Mears objects to the proposed development. Please see comments attached.

 

 

6.               CONSULTATIONS

 

External

 

6.1.          Brighton and Hove Archaeological Society Comment. The proposed development is close to the location of several important archaeological finds. The recommendation of the county archaeologist should be sought.

 

6.2.          County Archaeology No objection subject to conditions to secure a written scheme of investigation and a written records of all archaeological works carried out.  

 

6.3.          Ecology

No objection subject to conditions to secure a Ecological Design Strategy, a Construction Environmental Management Plan (Biodiversity), a landscape and ecological management plan and lighting design.

 

6.4.          Southern Water No objection 

 

Internal

 

6.5.          Arboriculture

No objection subject to conditions relating to mitigation planting and a detailed method statement.  

 

6.6.          Environmental Health No objection The noise assessment submitted is thorough and makes detailed reference to standards and guidelines and therefore no disagreement is had with the assessments conclusions.

 

6.7.          Highways

No objection subject to conditions. 

 

 

7.               MATERIAL CONSIDERATIONS

 

7.1.          In accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, this decision has been taken having regard to the policies and proposals in the National Planning Policy Framework, the Development Plan, and all other material planning considerations identified in the "Considerations and Assessment" section of the report

 

7.2.          The development plan is:

·      Brighton & Hove City Plan Part One (adopted March 2016)

·      Brighton & Hove Local Plan 2005 (retained policies March 2016);

·      East Sussex, South Downs and Brighton & Hove Waste and   Minerals Plan (adopted February 2013);

·      East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan (adopted February 2017); 

·      Shoreham Harbour Joint Area Action Plan (adopted October 2019).

 

7.3.          Due weight has been given to the relevant retained policies in the Brighton & Hove Local Plan 2005 according to their degree of consistency with the NPPF.

 

 

8.               POLICIES 

 

The National Planning Policy Framework (NPPF) 

 

Brighton & Hove City Plan Part 2

Policies in the Proposed Submission City Plan Part 2 do not carry full statutory weight but are gathering weight as the Plan proceeds through its stages. They provide an indication of the direction of future policy. Since 23 April 2020, when the Plan was agreed for submission to the Secretary of State, it has gained weight for the determination of planning applications. The weight given to the key CPP2 policies considered in determining this application is set out below where applicable.  

DM20           Protection of Amenity - significant weight

DM21           Extensions and alterations - significant weight

DM22           Landscape Design and Trees – significant weight

DM33            Safe, Sustainable and Active Travel – significant weight

DM36           Parking and Servicing – significant weight

DM37           Green Infrastructure and Nature Conservation – limited weight

DM40           Protection of the Environment and Health – Pollution and Nuisance – significant weight

 

Brighton & Hove City Plan Part One 

SS1              Presumption in Favour of Sustainable Development

CP1              Housing delivery

CP8              Sustainable buildings

CP9              Sustainable transport

CP10            Biodiversity

CP12            Urban design

CP14            Housing density

CP16            Open space

CP19            Housing mix

SA4              Urban Fringe

 

Brighton and Hove Local Plan (retained policies March 2016): 

TR7              Safe Development 

TR14             Cycle access and parking

QD15           Landscape design

QD16           Trees and hedgerows

QD18           Species protection

QD27           Protection of amenity

HO5             Provision of private amenity space in residential development

HO13           Accessible housing and lifetime homes

 

Supplementary Planning Documents: 

SPD06         Trees & Development Sites

SPD11         Nature Conservation & Development

SPD14         Parking Standards

 

 

9.               CONSIDERATIONS & ASSESSMENT

 

9.1.          The main considerations in the determination of this application relate to the principle of the development, the visual impact of the development on the character and appearance of the wider area, the standard of accommodation provided and any potential impact on the amenities of neighbouring properties, in addition to transport and sustainability issues.

 

9.2.          The City Plan Part 1 Inspector's Report was received in February 2016.  The Inspector's conclusions on housing were to agree the target of 13,200 new homes for the city until 2030 as a minimum requirement.  It is against this minimum housing requirement that the City's five year housing land supply position is assessed annually. 

 

9.3.          The council's most recent housing land supply position published in the SHLAA Update 2020 shows a five year housing supply shortfall of 342 (equivalent to 4.7 years of housing supply). As the council is currently unable to demonstrate a five year housing land supply, increased weight should be given to housing delivery when considering the planning balance in the determination of planning applications, in line with the presumption in favour of sustainable development set out in the NPPF (paragraph 11).

 

Principle of development 

9.4.          The main part of the site falls within the Urban Fringe, being sandwiched between the defined built up area to the east and west, and by the National Park approximately 150m to the south.

 

9.5.          The application site falls within Site 43 of the UFA. Site 43 forms the entire band of urban fringe between Wanderdown Close to the north, the built-up area boundaries to the east and west, and the National Park to the south.

 

9.6.          In order to assess the likely impact of development within Urban Fringe sites, the UFA assesses all sites against five constraints: Ecology, Heritage, Open Space, Landscape and Flooding. The key constraints of site 43 are identified by the UFA as Heritage, Landscape and Flooding.

 

9.7.          In granting the previous permission on the site (BH2015/04378) it was concluded determined that given the presence of other small back-land developments within Site 43, a low density development of the application site was unlikely to give rise to adverse impacts on heritage, landscape or flood risk, and that some residential development of this part of the urban fringe would not detrimentally impact on the wider downland landscape setting of the city or the setting of the South Downs National Park. The approval of this application established that residential development on this site is acceptable in principle. This permission remains extant as a result of this permission having been implemented. It is not considered that there are material reasons for this conclusion to have changed.

 

9.8.          Whilst the current proposals would result in an increase in density to the site, the resultant density is in line with the overall character of the area. The proposed residential development of this part of the urban fringe with four dwellings is considered acceptable in principle in broad compliance with policy SA4 of the Brighton & Hove City Plan Part One and the NPPF.

 

Design and Appearance 

9.9.          City Plan Part 1 Policy CP12 expects all new development to raise the standard of architecture and design in the city, establish a strong sense of place by respecting the character of existing neighbourhoods and achieve excellence in sustainable building design and construction.

 

9.10.       The proposed dwellings are considered to form a suitable addition to the site. The four dwellings would be single storey in height when viewed from the rear of the adjacent dwellings on Longhill Road, with a lower floor level facing towards the woodland to the rear/east. 

 

9.11.       The dwellings would be set on a flat area of land some 10m from the rear boundaries of 22-32 Longhill Road. Consequently, the dwellings would sit comfortably within the plot and be in keeping with the spacious setting of the other principal and back land dwellings that characterise the area. 

 

9.12.       The development would retain the same distance to shared boundaries to the north and south as the extant scheme, but expanding across more of the site in its centre. The lightwells proposed, particularly between properties B and C would ensure that the spacious character of the site is retained and ensure that a sufficient break in built form is had.

 

9.13.       The single storey height would relate appropriately to the main two storey dwellings that front Longhill Road, thereby appearing suitably subservient and less visually dominant. The proposal includes low profile pitches and brick in the main elevations with dark grey aluminium windows. Given the mix of dwelling forms and finishes along Longhill Road, the contemporary finish to the properties is not out of keeping with the area.

 

9.14.       For these reasons the number, layout, form and finish of the proposed dwellings is considered appropriate within its context, in accordance with policies CP12 and SA4 of the Brighton & Hove City Plan Part One.

 

Standard of accommodation 

9.15.       The 'Nationally Described Space Standards' (NDSS) were introduced by the Department for Communities and Local Government in 2015 to establish acceptable minimum floor space for new build developments. Although these space standards have not been formally adopted into the Brighton and Hove City Plan, Draft City Plan Part 2 proposes to adopt them and indicates a direction of travel on behalf of the LPA. The NDSS provide a useful guideline on acceptable room sizes that would offer occupants useable floor space once the usual furniture has been installed. The NDSS identifies a minimum floor space that should be achieved for a single bedroom as measuring at least 7.5sqm and a double bedroom as measuring 11.5sqm.

 

9.16.       The Local Planning Authority considers both quantative and qualitative issues raised with regards to the standard of accommodation for future occupiers.

 

9.17.       The overall footprint of each property over two floors would provide ample space for a variety of communal uses, which would allow a high standard of accommodation in terms of total floor area, usable circulation space and outlook.

 

9.18.       Each unit proposes three bedrooms, all of which would be over 11.5msq, and most have additional built in storage and en-suite bathrooms. The bedrooms would all have a good standard of circulation space and outlook including natural light. The proposals also include a study to the front of each property which could also form a fourth bedroom.

 

9.19.       Policy HO5 requires the provision of private useable amenity space in new residential development. The proposed development would provide private external amenity space to the rear of each property by way of large rear garden and patio areas, backing onto woodland.

 

9.20.       Overall, it is considered that the proposed dwellings would provide a high standard of accommodation for future occupiers and would therefore accord with the aims of policy QD27 of the Brighton and Hove Local Plan.

 

Impact on Amenity: 

9.21.       No concerns were raised in response to the extant permission regarding to the impact of backland development upon the amenities of neighbouring properties, and this forms the ‘fall-back’ which could be implemented if the present planning application is not approved.

 

9.22.       The properties would be stepped into the sloping land and would therefore appear as single storey above ground level from the properties that front Longhill Road (No's 22 -32). Given the separation distance of approximately 10m to the rear boundary of these neighbouring properties, and a minimum distance of 26m between the dwellings, no significant loss of light, outlook or privacy would result. Furthermore, existing boundary treatment is to be retained which would provide additional screening.

 

9.23.       The application proposes an access road that would run parallel with the boundary of No.26, leading to parking and turning facilities for up to 6 vehicles. This application is supported by a Noise Impact Assessment which makes an assessment of the introduction of two additional properties over the extant scheme, which identified no harmful impact to neighbouring properties.  

 

9.24.       The Noise Impact Assessment considers a worst-case scenario. The report confirms that the predicted vehicle movements beside the side windows which overlook the access road, would with both windows open and closed not exceed recommended noise levels.

 

 

9.25.       Environmental Health Officers have advised that the methodology used and calculations made are recognised techniques and that the information raises no concerns with regards to the impact of the closest residential receptors. 

 

9.26.       As discussed below, the scheme incorporates traffic calming measures that will reduce the speed of vehicles using this access road. For these reasons the proposed development would have an acceptable impact on the amenities of adjacent occupiers in accordance with policy QD27 of the Brighton & Hove Local Plan and Policy DM20 of CPP2.

 

Trees and landscaping

9.27.       The proposed plot comprises a large garden with a steep woodland slope leading down to the eastern boundary. The woodland to the rear of the site is partially covered by a Tree Preservation Order (TPO) which includes the entirety of Eley and Elvin Crescent. 

 

9.28.       The application is supported by an Amenity Land Management Plan, Arboricultural Assessment and Outline Method Statement. These assessments identify 17 individual trees within the site, categorised as C grade (trees of low quality). Fifteen of these trees are identified for removal to facilitate the development. The Arboricultural Officer undertook a site visit and confirmed that individually these trees were of poor quality with visible defects but that as a whole the trees provide a significant canopy coverage and wildlife habitat. 

 

9.29.       The removal of these trees would have an impact on the surrounding area and therefore it is recommended that substantial mitigation planting be secured through condition to offset this loss at a minimum 1:1 ratio. 

 

9.30.       Two trees are to be retained fronting Longhill Road. However the access road overlays the root protection area and therefore a detailed method statement is required by condition to ensure they can be retained during construction.

 

9.31.       The application also includes a Woodland Management Plan, with the rear woodland divided into 12 areas. The proposal is to coppice 20% of each area on rotation to encourage regeneration and a more diverse ground flora as a significant number of the trees within the woodland are of poor quality. No objection is raised to these proposals.

 

Ecology

9.32.       Policy CP10 of the City Plan Part One seeks to ensure that all new development proposals conserve existing biodiversity, protecting it from the negative indirect effects of development including noise and light pollution. 

 

9.33.       To the rear boundary of the site lies Ovingdean Copse Local Wildlife Site, therefore it is important that measures are taken to protect, buffer and enhance this site of nature conservation importance. An Ecological Design Strategy is secured by condition which will address the protection of the adjacent wildlife site and further enhancement of the site for biodiversity including those recommendations set out in the preliminary Ecological Appraisal report submitted as part of this application. 

 

9.34.       Further conditions include a landscape and Ecological Management Plan to ensure the long term management of the woodland and a Construction Environment Management Plan (CEMP) which will set out the protective measures required for retaining habitats and protected species and ensuring that a sensitive lighting scheme is proposed.

 

Sustainable Transport: 

9.35.       The development is considered acceptable in terms of its impact on the highway network, with the increase in vehicle trips resulting not considered to result in a ‘severe’ impact on highway capacity sufficient to conflict with the NPPF. Sufficient car and cycle parking would be provided, and a delineated 1.2m pedestrian route is proposed along the vehicle access

 

Sustainability

9.36.       Policy CP8 of the Brighton and Hove City Plan Part One require new development to demonstrate a high level of efficiency in the use of water and energy. Policy CP8 requires new development to achieve 19% above Part L for energy efficiency, and to meet the optional standard for water consumption. As such a condition is sought to secure these measures.

 

Community Infrastructure Levy

9.37.       Under the Regulations of the Community Infrastructure Levy (CIL) 2010 (as amended), Brighton & Hove City Council adopted its CIL on 23 July 2020 and began charging on all CIL liable planning applications on and from the 5 October 2020. It is estimated that the amount of CIL liability for this application is £111,000. The exact amount will be confirmed in the CIL liability notice which will be issued as soon as it practicable after the issuing of planning permission.  

 

 

10.            EQUALITIES 

 

10.1.       Policy HO13 requires all new dwellings to fully meet lifetime home standards. From the plans submitted it would appear that the dwellings would be capable of complying with lifetime home standards and therefore compliance is sought by condition.