No:	BH2022/00287	Ward:	Rottingdean Coastal
App Type:	Reserved Matters
Address:	Land Adjacent Hillside Ovingdean Road Brighton BN2 7AA
Proposal:	Reserved Matters pursuant to outline application BH2019/03135 for approval of layout, scale, appearance and landscaping relating to the erection of 1no. dwelling (C3).
Officer:	Russell Brown, tel: 293817	Valid Date:		16.02.2022
Con Area:	N/A	Expiry Date:		13.04.2022
Listed Building Grade: N/A
		EOT: 10.06.2022
Agent:	Mrs Umut Gedik Kilic NARCH Design and Build 4th Floor Hamilton House, Mabledon Place, London, WC1H 9BB
Applicant:	Mr Bulent Ekinci Black Homes Ltd, 5 Windsor Close, Hove, BN3 6WQ

Background:

This application was originally presented to Planning Committee on the 5th October 2022. Members voted to defer at this committee, to take into account arboricultural comments.

In the intervening period, a site visit has been undertaken with the agent and the Council’s tree officer. It has been agreed that landscaping would be re-added to this application to allow consideration of which trees would be affected / removed by the proposed building, the mitigation planting for the loss of trees and of tree protection measures. The application has been re-advertised accordingly.

This application seeks approval of landscaping as well as the other reserved matters.

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 APPROVE planning permission subject to the following Conditions and Informatives as set out hereunder.

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
Location plan	2112-01E	J	30 August 2022
Proposed Drawing	2112-01P	J	30 August 2022
Proposed Drawing	2112-02	K	8 December 2022
Proposed Drawing	2112-03	J	30 August 2022
Proposed Drawing	2112-04	J	30 August 2022
Proposed Drawing	2112-05	J	30 August 2022
Proposed Drawing	2112-06	K	8 December 2022
Proposed Drawing	2112-07	K	8 December 2022
Proposed Drawing	2112-08	K	8 December 2022
Proposed Drawing	2112-09	K	8 December 2022
Proposed Drawing	2112-10	K	8 December 2022
Proposed Drawing	2112-11	K	8 December 2022
Proposed Drawing	LPP 02		8 December 2022
Arboricultural Report	Arboricultural Method Statement		8 December 2022

2. No development above ground floor slab level of any part of the development hereby permitted shall take place until details 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:

a)      all brick, tiling and render (including details of the colour of render / paintwork to be used);

b)      all cladding to be used, including details of their treatment to protect against weathering;

c)      the proposed window, door, juliette balcony and column treatments; and

d)      samples 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 Policies CP12 of the Brighton & Hove City Plan Part One and DM18 of the Proposed Submission Brighton & Hove City Plan Part Two.

3. Notwithstanding the detail shown on drawing no. 2112-02 K, the development hereby permitted shall not be occupied until drawings detailing the positions, height, design, materials and type of all proposed boundary treatments shall has been submitted to and approved in writing by the Local Planning Authority. The boundary treatments shall be provided in accordance with the approved details prior to occupation of the development and shall thereafter be retained at all times.

Reason: To enhance the appearance of the development in the interest of the visual and residential amenities of the area and to comply with Policies TR7 and QD27 of the Brighton & Hove Local Plan, CP12 of the Brighton & Hove City Plan Part One and DM18 and DM33 of the Proposed Submission Brighton & Hove City Plan Part Two.

4. No cables, wires, aerials, pipework (except rainwater downpipes as shown on the approved plans), meter boxes or flues shall be fixed to any elevation facing a highway.

Reason: To safeguard the appearance of the building and the visual amenities of the locality and to comply with Policies CP12 of the Brighton & Hove City Plan Part One and DM18 of the Proposed Submission Brighton & Hove City Plan Part Two.

5. The development hereby permitted shall not commence until full details of existing and proposed ground levels (referenced as Above Ordnance 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 Policies QD27 of the Brighton and Hove Local Plan, CP12 of the Brighton & Hove City Plan Part One and DM18 and DM20 of the Brighton & Hove Proposed Submission City Plan Part Two.

6. The landscaping scheme detailed on drawing no. LPP 02 received on 8 December 2022 shall be carried out in the first planting and seeding season following the first occupation of the building hereby permitted or the completion of the development, whichever is the sooner. Any trees shown to be retained on drawing no. LPP 02 shall be retained thereafter. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become, in the opinion of the Local Planning Authority, seriously damaged or diseased, shall be replaced 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 CP12 of the Brighton & Hove City Plan Part One and DM18 and DM22 of the Brighton & Hove City Plan Part Two.

7. The development hereby permitted shall not be commenced (including demolition and all preparatory work) until the tree protection measures identified in the submitted Arboricultural Method Statement (David Archer Associates, received on 8 December 2022) are in place and retained throughout the construction process. The fences shall be erected in accordance with British Standard BS5837 (2012) Trees in relation to design, demolition and construction - Recommendations and shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the areas enclosed by such fences.

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 CP12 of the Brighton & Hove City Plan Part One and DM22 of the Brighton & Hove City Plan Part Two, and SPD06.

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 applicant is advised that under Part 1 of the Wildlife and Countryside Act 1981 disturbance to nesting wild birds, their nests and eggs is a criminal offence. The nesting season is normally taken as being from 1st March - 30th September. The developer should take appropriate steps to ensure nesting birds, their nests and eggs are not disturbed and are protected until such time as they have left the nest.

2. SITE LOCATION

2.1. The application relates to a vacant plot close to a bend to the west side of Ovingdean Road, which slopes down steeply towards the east. A property called Hillside is located immediately to the north as is a substation, which has no direct access to the road. The site is mainly covered with 31 trees, eight of which are covered by a Tree Preservation Order (TPO), with two groups of trees. However, it is noted that four trees not the subject of a TPO were unlawfully felled on 11 July and most of the rest were subject to damage by chainsaws to sever ivy. The site is within the Urban Fringe, a Source Protection Zone and a Nature Improvement Area (NIA).

3. RELEVANT HISTORY

3.1. BH2022/02350: Variation of Condition 3 a) of outline planning permission BH2019/03135 to permit an additional year for all reserved matters to be submitted to the Local Planning Authority for approval. Approved 6 September 2022

3.2. BH2019/03135: Outline application with some matters reserved for erection of 1no. dwelling (C3). Approved 17 December 2019

3.3. 94/0405/OA: Proposed chalet bungalow and garage. Refused 9 August 1994 for the following reasons:

1.      The proposal represents a cramped and intrusive form of development out of character with the general form of existing development in the area which fails to satisfy Policy ENV1 of the Borough Plan.

2.      Inadequate visibility splays are provided at the junction of the access with the public highway.

3.      The development is unsatisfactory in that it would result in the loss of trees which are the subject of a Tree Preservation Order, to the detriment of the amenity of the site and the surrounding area.

4. APPLICATION DESCRIPTION

4.1. The current application is for the Reserved Matters pursuant to the outline permission BH2019/03135 relating to the erection of one dwelling (C3). The application seeks approval for the following outstanding Reserved Matters: layout, scale, appearance and landscaping. 21 trees and two groups of trees are proposed to be removed as part of the proposal.

4.2. Changes were made during the course of the application to

· remove the basement floor;

· reinstate the vehicle turning area;

· reduce both the height of the dwellinghouse and the level at which it would sit within the site; and

· re-add landscaping into the application given the submission of sufficient information to support this reserved matter.

5. REPRESENTATIONS

5.1. Twenty five (25) objections, three (3) of which were from persons who are considered to be potentially directly affected, were received during the consultation period, including on behalf of Ovingdean Residents & Preservation Society. The objections raised the following issues:

· The screening of the development at Land South Of Ovingdean Road in views from the South Downs National Park would be compromised if the trees on site were to be felled, thereby adversely affecting the amenity of the area, wildlife habitats and attempts to counter global warming. There is no landscape plan submitted.

· It is still the case that the access would be on a steep hill near a dangerous blind bend, thereby posing a real danger to road users in both directions.

· The total floor area of the outline application appears to have been exceeded.

· A three-storey six-bedroom house on this plot represents overdevelopment.

· The size of the house is too tall and too large, out of keeping and out of proportion.

· There is little space for any cars to park at the proposed dwelling or to accommodate construction vehicles on site. A construction plan detailing safe delivery, loading and parking of construction vehicles should be required.

· Insufficient off-road car parking given the size of the proposed house

· Additional traffic

· The housing needs of Ovingdean are already being addressed.

· The plans do not show the height of the building above the edge of the field to the west, but some or all of the roof would be visible from across the valley, which would be detrimental to the ambiance of the area and out of keeping with the nearby conservation area.

· The infrastructure is not present to cope with the number of new inhabitants.

· This is not a suitable site for any development.

· It appears that the relative levels of the land involved may not have been properly recognised so it will be necessary for the developers to dig deep into the hill to create a suitable flat site.

· If a property and usable garden is to be built on this site a good many of the 30 densely packed TPO trees would have to be felled, which is considered unacceptable.

· No details of how the proposed property would be linked to the existing footpath to allow access for pedestrians and wheelchair users have been submitted.

· The substation is far too near to the property for safety and would limit access for maintenance.

5.2. Following the re-consultation of the application to include landscaping as a reserved matter, four (4) objections were received raising the following issues:

· Overdevelopment / overcrowding of a very inadequate plot.

· The felling of mature trees, which causes even more serious flooding.

· This would hugely affect the amenity of the site as well as nesting birds and other wildlife dependent on the woodland.

· A dangerous entrance to the proposed property given the users of the fairly narrow road, the overwhelming traffic and inadequate roads.

· Inadequate infrastructure in the whole area.

· As the 2019 recommendation to grant states, this is a sensitive site, which is unsuitable, dangerous and impractical to build on and reserved matters should not be given approval.

· The high number of replacement trees proposed will take many years to grow to replace the tree canopy that has been lost.

· Bearing in mind the applicant’s actions to date, it is questionable if the planting and maintenance schedule will be carried out correctly and if the new trees will be protected. It is essential that a TPO is put on all of them.

· The revised site plans are unacceptable because they require too much upheaval of the surrounding earth, with the consequent effect on the trees.

5.3. Councillors Mears and Fishleigh have objected to the application and requested that the application go to Planning Committee. Copies of the correspondence are attached to the report.

6. CONSULTATIONS

6.1. Arboriculture: Recommend approvalsubject to conditions

The proposed landscaping is acceptable mitigation for the loss of current trees.

6.2. Transport (verbal): Objection

Comments made on the scheme as originally submitted:

· The site layout in terms of the turning area and access to the substation are not as approved. The turning area is wider and closer to the verge on the 'Existing Site Plan', but on the proposed plans is occupied by steps up to ground floor level and an entrance gate. The driveway does not allow sufficient space for a simple turning manoeuvre, thereby encouraging vehicles to reverse onto the public highway and from it onto site. Only pedestrian access is provided to the substation, which is likely to be unacceptable given there is no space for off-street parking for vehicles servicing it.

· By proposing boundary treatment up against the access, this potentially reduces the visibility splays approved by the original application. However, it is noted that the gate is set back from the public highway, allowing vehicles to wait on the site access before safely turning onto the public highway.

· Pedestrian access is a concern given that the entrance gate opens out onto the verge and that occupants and visitors would likely have to walk across the crossover.

· No cycle parking is provided.

· The amount of car parking is compliant.

6.3. The comments raised by the Transport team have been addressed through amendments.

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 City Plan Part Two (adopted October 2022);

· 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 Joint Area Action Plan (October 2019).

8. RELEVANT POLICIES

The National Planning Policy Framework (NPPF)

Brighton & Hove City Plan Part One

SA6 Sustainable Neighbourhoods

SS1 Presumption in Favour of Sustainable Development

CP12 Urban design

Brighton & Hove City Plan Part Two:

DM1 - Housing Quality, Choice and Mix

DM18 - High quality design and places

DM20 - Protection of Amenity

DM22 - Landscape Design and Trees

DM33 - Safe, Sustainable and Active Travel

Supplementary Planning Documents

SPD06 Trees and Development Sites

SPD17 Urban Design Framework

Other Documents

Urban Characterisation Study 2009

9. CONSIDERATIONS & ASSESSMENT

9.1. The access to the development has previously been granted permission under the original outline permission BH2019/03135. The main considerations in the determination of this application relate to the layout, scale, appearance and landscaping of the proposed development.

9.2. Officers have undertaken a couple of site visits.

Principle of Development:

9.3. The principle of development has already been established through approval of the outline application and therefore does not form part of the consideration of this current application.

Layout:

9.4. The proposed layout is in compliance with the indicative plans submitted with the outline permission with the proposed dwelling being located to the northern end of the site close to the substation and nearer to the western boundary than the eastern to allow for a driveway and vehicle turning area. The layout of the proposed dwelling would result in the loss of a number of trees on the site, which is considered in the landscaping section below.

9.5. Access was previously approved at outline stage. As originally submitted, changes were proposed to the access, however, following amendments the vehicular route to the dwelling would be via the previously approved splayed driveway for vehicles. Sufficient space for a simple turning manoeuvre and the new pedestrian pathway linking in with the existing to the north are incorporated into the design. The pedestrian entrance gate initially proposed has also now been removed. Space is left to all but the north side of the proposed dwelling where access to the substation would be maintained, both from Ovingdean Road and the National Park.

9.6. The southern part of the site would partly be taken up by a patio area with steps down to the garden.

9.7. As this site very much sits independently of the nearest plots and the dwellings they contain, it is considered that there is no need for the layout and positioning of the proposed dwelling within the site to mirror or otherwise be consistent with other dwellings along this road.

9.8. In terms of the impact on neighbouring amenity from the layout, its positioning on site is considered to be sufficiently far from the closet dwelling (Hillside) not to have any material impact in this regard.

9.9. In terms of internal layout, the proposed dwelling would be five bedroom, ten person over two storeys. There is not a figure for this in the Nationally Described Space Standard, which has been adopted by policy DM1 of City Plan Part Two. However, at 250m² it would comfortably exceed the standard for a five bedroom, eight person dwelling over two storeys of 128m². All the bedrooms would be sufficiently sized for double occupancy. It is considered that there is ample space for circulation and furniture, and that the layout is appropriate. Sufficient external amenity space would be provided in the form of a patio area and garden to the south.

9.10. It is noted that the site layout helps ensure that the proposed dwelling would comply with Building Regulations Optional Requirement M4(2) (accessible and adaptable dwellings), as required by Condition 5 of the outline permission, through the provision of a disabled access ramp. It is also noted that the gradient of the driveway would be 6°, which equates to 10.5% or 1:10.5, and would be a fairly moderate slope. This is therefore acceptable for disabled access in this residential situation.

9.11. As such, it is considered that the layout is acceptable.

Scale:

9.12. The proposed scale is in compliance with the indicative plans submitted at outline stage with the proposed dwelling having a built footprint of 250m². It would be 16m long by 7.8m wide by 8.69m high with an eaves height of 5.77m. These dimensions are considered acceptable considering the size of the application site and neighbouring dwellings. The height allows for sufficient internal floor to ceiling heights of 2.55m on both floors.

9.13. Following concerns from Officers that the proposed dwelling could potentially be out of keeping with other dwellings to the north in respect of its height, a streetscene elevation was provided. This shows that the height of dwellings steps up the hill in a southerly direction. Ketts Ridge would step up to Hillside by 2.17m and the proposed dwelling would step up from the latter by 3.8m. Whilst this step up from Hillside to the proposed dwelling is by a greater amount than the step up from Ketts Ridge to Hillside, it is considered acceptable given the increased gap between the proposed dwellinghouse and Hillside and the fact that they are on a curved road where all the houses would not be seen together. The distance between the eaves and roof ridge on the proposed dwelling has, however, been reduced in height to be more consistent with those on Hillside and Ketts Ridge.

9.14. A topographical study has also been carried out to inform the levels on site, the land level the dwelling would be sited upon and the extent of any excavation that would need to be carried out. By building the proposed dwelling 2m below the natural ground level, this would also help mitigate the impact on the closest neighbouring dwelling, Hillside, and its garden in respect of being overbearing. In light of the changes to the height of the proposed dwelling and the level of the land it would be built upon, and a maximum of 6.4m of the proposed dwelling being visible from the garden of Hillside (as shown on Proposed Section A-A), it is considered not to be overbearing that would justify refusal of the application and the impact on neighbouring amenity would be acceptable. There would be no material impact on outlook, daylight or sunlight from the scale of the proposed dwelling. To ensure the development is built in accordance with the this, a land levels condition is recommended.

9.15. As such, it is considered that the scale is acceptable.

Appearance:

9.16. The building would have a pitched roof with hips to the northern and southern sides as well as projecting gables to the eastern (front) and western (rear) elevations. The front projecting gable end would incorporate semi-circular arched glazing with a multi-pane glazing pattern. Other front and rear elevation windows would also feature a multi-pane glazing pattern. The first floor fenestration would be full-height and feature juliette balconies. The southern elevation would feature two double doors and two single pane first floor windows. The roof would have a substantial overhang to the front elevation supported by four columns, each of which would be split into two by prominent horizontal banding between the ground and first floors. The central-most columns would flank the front door, which would be mostly glazed in a four-over-four pattern.

9.17. The external design would therefore feature classical architectural features, such as the columns that are distinctive of the Georgian period, interspersed with contemporary design elements such as the door to the integral garage and ramp. The semi-circular arched glazing would have the effect of highlighting the entrance to the proposed dwelling.

9.18. The site is located within Ovingdean, which can be characterised as a downland settlement. The areas closest to the application site are characterised as very low density suburban style housing. Although in general the buildings are not of any significant architectural merit and lack any unifying features, the generally spacious setting and wider landscape, including the backdrop of the South Downs National Park (SDNP) combine to provide an attractive environment.

9.19. Therefore, whilst the proposed mix of styles is not entirely cohesive, no objections are raised to the design approach for this proposed detached dwelling, which is unlikely to be viewed in conjunction with the nearest residential properties and therefore not considered to be unacceptably incongruous.

9.20. No details of materials have been provided, but it is recommended that these are secured by condition.

9.21. Turning to amenity, there would be no material impact on privacy from the windows within the proposed dwelling given the lack of windows and external amenity area to its northern side.

9.22. In terms of boundary treatments, these too are recommended to be secured by condition. It is, however, important that the front boundary / retaining wall is not any higher than 0.6m so as to not impede visibility splays. If required for privacy or security reasons, railings can be added up to 1.4m on top of the wall. It has also been agreed that an appropriately fire rated composite fence and gate would form the western boundary of the access to the substation.

9.23. As such, it is considered that the appearance is acceptable, subject to the imposition of conditions.

Landscaping:

9.24. As previously advised, the scheme as originally submitted included landscaping, which was subsequently removed during the consideration of the application as insufficient information has been submitted. It has been re-added for the reasons previously outlined following the receipt of further information. Following this, the Council’s Arboriculturalist supports the proposal subject to conditions mentioned below.

9.25. An Arboricultural Method Statement (AMS) has been submitted, which covers site supervision and monitoring; tree removals; tree protection fencing and other preventative measures; excavation; and landscaping. It also includes a tree schedule, Tree Protection Plan and Structural Tree Planting Plan.

9.26. 21 trees and two groups of trees are proposed to be removed, of which four have already been felled to stump level. This includes the eight trees and one group of trees covered by the TPO. Whilst regrettable, in this instance it is considered acceptable given the comprehensive mitigatory planting proposed, which is recommended to be secured by condition. This comprises 27 substantial extra-heavy standard trees (with a trunk girth of 14-16cm and a height of over 3m as shown on the landscaping plan), which is a replacement ratio of at least six trees for each tree removed. These would provide instant visual impact to terms of screening the development now and into the future as well as a biodiversity net gain and a habitat for wildlife. They would be planted at key strategic locations within the site where they would be most effective, have room to establish and provide valuable canopy cover into the future. On the east side, tree species have been selected for their resilience to harsh coastal conditions and positioned to provide a buffer to the site. Suitable evergreen, woodland, understorey trees are proposed that provide additional greening of the site. Moreover, the chosen species of trees are predominantly native, in keeping with the natural surroundings and seek to provide fruits and seeds for wildlife.

9.27. Those trees not affected by the footprint of the building and its associated hard surface treatments including retaining walls would be retained. As such, the garden space is dense with canopy cover due to the retention of trees, which is conditioned.

9.28. The landscape plan makes provision to increase planting across the whole site with particular emphasis on the boundaries east, south and west. Planting is proposed from ground level upwards beginning with a mixed native hedgerow skirting the boundary. 20 shrubs are also proposed along with a ‘pictorial’ meadow to the front of the approved dwellinghouse that would provide a striking impact in views from the streetscene due to its colours during spring and summer seasons. The submitted landscape planting plan also includes a five year maintenance plan and a commitment to replace the loss of any trees within the first five years with identical species.

9.29. As such, it is considered that the appearance is acceptable, subject to the imposition of conditions to ensure the implementation of the landscaping scheme and the erection of the tree protection measures prior to work commencing as well as their retention throughout the construction process.

10. CONCLUSIONS

10.1. The proposal for the approval of reserved matters relating to layout, scale, landscaping and appearance are considered to be acceptable and would not result in a significant deviation from the scheme approved at the outline stage. It remains a policy compliant development which would provide an additional unit of residential accommodation in Ovingdean to meet a recognised need. Whilst the loss of trees are regrettable, it is considered that suitable mitigation is provided. The proposal would be compliant with Policies SA6 and CP12 of the City Plan Part One and DM1, DM18, DM20, DM22 and DM33 of the City Plan Part Two. As such, this application is recommended for approval.

11. EQUALITIES

11.1. The proposed dwelling would be designed in accordance with Building Regulations Optional Requirement M4(2) and would therefore be fully accessible and adaptable.

12. CLIMATE CHANGE / BIODIVERSITY

12.1. The proposal would provide sufficient daylight and sunlight via openable windows to all habitable rooms, thereby reducing reliance on artificial means of ventilation and heating. The harm to biodiversity through the damage caused to trees is to be offset by the proposed landscaping scheme, including 27 new trees, a native hedge and an area of meadow.