Hove Park Ward

App Type:

Householder Planning Consent



30 Benett Drive Hove BN3 6UT     



Demolition of existing garage and rear conservatory and erection of a single storey side extension, and single storey rear extension with balcony above. Roof alterations incorporating extensions, side rooflights and 2no. front dormers.



Charlotte Tovey, tel: 202138

Valid Date:



Con Area:


Expiry Date: 



Listed Building Grade:  N/A




Turner Associates   2D St Johns Road   Hove   Hove   BN3 2FB              


Mr Greg Lester   30 Benett Drive   Hove   BN3 6UT                 



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:



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



Date Received

Proposed Drawing


6 October 2022

Proposed Drawing


6 October 2022

Proposed Drawing


6 October 2022

Proposed Drawing


6 October 2022

Location and block plan


6 October 2022


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.         At least one bee brick shall be incorporated within the external wall of the development hereby approved and shall be retained thereafter.

            Reason: To enhance the biodiversity of the site and to comply with Policy DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City    Plan Part One and Supplementary Planning Document SPD11 Nature      Conservation and Development.




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



2.            SITE LOCATION


2.1       The application site comprises of a detached bungalow on the south side of          Benett Drive at no. 30. The building is of brick and render construction with a         pitched tiled roof. It has a projecting ground floor bay to the western side of the   front elevation with a gable pitched roof. The building is fitted with white UPVC glazing. The site has been altered with a ground floor single storey rear     extension which has a felt flat roof and sits above the eaves of the original             dwellinghouse. The site incorporates a long front and rear garden and has off       road parking located at the front on a driveway and attached to the           dwellinghouse is a side garage.  The street scene is residential and many of the             bungalows within the vicinity of the site have been altered with loft conversions.  


2.2       The site is not within a conservation area.



3.            RELEVANT HISTORY


            BH2015/02483 Demolition of existing garage and erection of a single storey          side extension with roof alterations incorporating extensions, rooflights, front      dormers and a balcony to the rear elevation. Approved 26.10.2015 (not    implemented)





            BH2009/02891 - 26 Benett Drive - Erection of front and rear extensions,    extensions and alterations to roof pitch incorporating dormer, rooflights and   balcony and associated works. Approved 21.01.2010


            BH2009/01874 - 24 Benett Drive - Replacement of garage/carport with erection   of side and rear extension with raised patio. Roof conversion to form first floor   accommodation including 2 no. dormers to front elevation, balcony to rear and rooflights. Approved 12.01.2010 


            BH2008/03583 28 Benett Drive - Single storey side infill extension, roof      extension including raising height of roof, front dormers and rear velux roof      terrace with inset balcony. Approved 19.01.2009


            BH2007/03909 - 34 Benett Drive - Loft conversion including rear dormer and        balcony, and front and side rooflights. Approved 13.12.2007





5.1       Planning permission is sought for the demolition of existing side garage and rear             conservatory and the erection of a single storey side extension, and single            storey rear extension with balcony above. Roof alterations incorporating             extensions, side rooflights and 2no. front dormers.





            One (1) representations have been received, objecting to the proposal on the       following grounds:

·                     Inappropriate Height of Development

·                     Overshadowing and loss of light

·                     Restrict the neighbour view

·                     Overlooking and loss of privacy

·                     Detrimental impact to solar panels


            One (1) representations have been received, supporting the proposal on the         following grounds:

·                     Good design


            One (1) representation have been received, from Councillor Bagaeen      objecting to the proposal.  A copy of the email is attached to the report.



7.            CONSULTATIONS




            Verbal consultation received 27.10.2022 found the proposal acceptable. The        proposed extensions and conversion of the garage into ancillary residential     space is expected to result in an increase in trips, however this level of increase             will be negligible and will not impact the surrounding local highway network. 


            The removal of the garage to create ancillary accommodation will result in the      loss of an on-site parking space, however there is hardstanding/driveway in    front of the garage, and so on-site parking amenity is retained despite the loss            of the garage. No amendments to vehicular access are proposed. 


            SPD 14 policy compliant cycle parking provisions have been omitted from this      application, and it is recommended details of cycle parking should be secured    by condition.  





8.1       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 

            The development plan is: 

·                     Brighton & Hove City Plan Part Two (adopted October 2022); 

·                     Brighton & Hove City Plan Part One (adopted 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 (JAAP) 2019.  





            The National Planning Policy Framework (NPPF)  


            Brighton & Hove City Plan Part One (CPP1)  

            SS1    Presumption in Favour of Sustainable Development

            CP10  Biodiversity

            CP12  Urban design

            CP13  Public streets and spaces


            Brighton and Hove City Plan Part Two 

            DM1    Housing Quality, Choice and Mix

            DM18 High quality design and places

            DM20 Protection of Amenity

            DM21 Extensions and alterations

            DM33 Safe, Sustainable and Active Travel

            DM37 Green Infrastructure and Nature Conservation


            Supplementary Planning Documents 

            SPD11  Nature Conservation & Development

            SPD12  Design Guide for Extensions and Alterations





10.1    The main considerations in the determination of this application relate to the          design and appearance of the proposal, the impact on the highways and the      impact on neighbouring amenity and solar panels. 


10.2    A site visit has been undertaken in this instance, and the impacts of the      proposal can be clearly assessed from the plans, site visit, sunlight assessment         and from recently taken aerial imagery of the site.


            Design and Appearance


10.3    Permission for the proposed extension and alterations was granted in 2015           under BH2015/02483 however the scheme was not implemented within the t        three year time condition. Planning permission is now sought for the same           proposed alterations. 


10.4    Planning permission is sought to alter the appearance of the front elevation of       the building that would include the replacement of the garage door with a new window, to extend, raise and alter the roof and to change the material palette of the bungalow from a brick finish to white painted render with a new slate roof. A site visit was conducted on the 02/11/2022 which demonstrated that the proposed alterations to the dwelling would not appear incongruous in the street scene. No. 28, No. 26 and No. 24 Benett Drive to the east of the application site have been granted planning permission for similar alterations and the new proposed materials would match its neighbours appearance at no. 32 Benett Drive to the west. It is therefore considered that the alterations to the front elevation would be in keeping with its neighbours and would not cause harm to the appearance of the building or wider area.  


10.5    The enlargement of the roof space with extensions to the side and at the rear       would not detrimentally change the appearance of the building. Whilst it is noted        that the bungalow is located within close proximity to its neighbour at no. 32           Benett Drive the proposed hipped pitch of the new roof would be retained, albeit             at a slightly increased angle, retaining visual separation from its neighbour. The           alterations to the roof would increase the overall height of the roof ridge by       approx. 0.3m and will extend the ridge length at this height from approx. 3.5m to             8.5m. The alterations slightly increase the pitch of the roof facing the neighbours property at no. 32 from 35 degrees to 42 degrees. Due to the modest increase in height and marginal increase in roof angle the proposed alterations are           considered visually acceptable. 


10.6    The proposed 2no. front dormer windows are suitably scaled and well designed   with gable pitched roofs that are sympathetic to the feature gable above the     ground floor projecting bay. A number of properties in the immediate    streetscene have front dormers so this aspect of the proposal would not be out of keeping with the character of the area. 


10.7    The proposal would retain the existing chimney and includes the insertion of         4no. new rooflights to the west roof slope, 3no. to the east roofslope and 1no. to        the concealed flat roof. The new rooflights would be suitably scaled and           positioned on the elevations and provide natural light into the new rooms in the     loft space. They would not be out of keeping with the street scene as it is noted both neighbours have rooflights to their side elevations. The enlargement of the             roof to the rear above the existing single storey rear extension would improve       the appearance of the rear elevation where the existing flat roof of the extension         sits above the eaves of the dwellinghouse. The size of the recessed balcony is       positioned centrally to the rear roof space and the new glazing would accord    with the ground floor rear fenestration. The alterations to the building would   relatively match the appearance of its neighbours at no. 28, no. 26 and no. 24     Benett Drive.  


10.8    Overall it is considered that the alterations to the roof and conversion of the           garage to a habitable space are suitably scaled, designed in materials that          would complement the street scene and would not cause harm to the character        of wider area in accordance with SPD12. 


10.9    Permission is also sought for a single storey side extension at the rear of the        existing garage. The side extension would not be wider than the existing side          elevation of the garage but would project approx. 2.7m further into the rear      garden. It would be finished in white render to match the host building and no     glazing is proposed to the side elevation. A sliding door would be fitted to the    rear elevation for access to the garden, that would replace the existing window     and door. The side extension would sit under the new pitched roof of the            dwellinghouse and give the appearance of a suitable addition whilst maintaining         the same level of separation from its neighbour at no. 32 Benett Drive. 


10.10  Permission is also sought to alter the existing fenestration including the      replacement of the ground floor bi-folding doors on the rear elevation of the         existing rear extension and to insert two new windows (replacing the existing        kitchen window) on the east elevation of the building. The new glazing would be          white aluminium. The new units are suitably scaled, designed to match the      appearance of the existing and would therefore be an acceptable change to the             appearance of the building. 


10.11  Overall, the proposed extension and alterations to the dwellinghouse would          represent a sympathetic additions to the host property, in accordance with          Brighton & Hove City Plan Part Two policies DM18, DM21, and City Plan Part   One policies CP10 & CP12.


            Impact on Amenities


10.12  Policy DM20 of City Plan Part 2 states that planning permission for any      development or change of use will not be granted where it would cause          unacceptable loss of amenity to the proposed, existing, adjacent or nearby    users, residents, occupiers or where it is liable to be detrimental to human          health. 


10.13  The impact on the adjacent properties has been fully considered in terms of          daylight, sunlight, overshadowing, outlook, noise and privacy following an      investigation. The main consideration to the development would be the impact            upon the neighbours amenity at no. 32 Benett Drive to the west and no. 28         Benett Drive to the east and the neighbours south on Goldstone Crescent. 


10.14  Concerns were raised during neighbour consultation that the proposed height of the development would be inappropriate. That the enlargement of the loft space          would result in the proposal detrimentally overshadowing the neighbours             amenity, resulting in loss of light, restriction of their view, loss of privacy and         have a detrimental impact on the adjacent solar panels. 


10.15  Since the 2015 permission was granted, the adjacent neighbour at no. 32 Benett Drive has had 14 solar panels fitted to their eastern roof slope and as   recent case law has demonstrated, the local planning authority should take into consideration the effects of the development and its impact to neighbouring        solar panels. 


10.16  A sunlight/ daylight assessment was received on the 01/02/2023 that concludes   the impact on the light available to the neighbouring solar panels would be        negligible. The assessment concludes in paragraph 3.5 that the solar panels            tested would retain more than 96% of the former APSH (annual probably            sunlight hours) value. Whilst the overall effect of the solar panels is likely negligible as the report demonstrates, the BRE guidance also recognises that solar panel development that is constructed close to a site boundary and at a low level should be installed with the reasonable expectation that neighbouring development may occur. It is also noted that the solar array is largely installed on an east facing roofslope. The assessment is robust and has been undertaken in accordance with BRE guidance issued in 2022. It is therefore considered that the proposal would not detrimentally result in a loss of light nor restrict the use of the solar panels to such an extent that would warrant refusal.  


10.17  Recently taken aerial imagery and the daylight assessment demonstrates that      the proposed roof alterations would not detrimentally overshadow no. 32's        amenity to warrant refusal. There would be a marginal increase in the pitch of     the roof from 35 degrees to 42 but as the same separation would be maintained         between the two dwellings it is not considered that the proposed roof alterations         would overshadow any of the neighbours habitable rooms. 


10.18  The location of the front dormer windows central upon the front elevation of the    roof and modest in scale, suitably set in from the side eaves and set back from         the road frontage would not detrimentally impact neighbours amenity. 


10.19  The proposed rear loft extension would be suitably scaled and appropriately          constructed with a hipped pitched roof that it is not considered to detrimentally    impact its neighbours. It would be part visible from Benett Drive but due to the separation and scale is acceptable in terms of amenity. The new fenestration      and proposed recessed balcony is not considered to cause a harmful loss of          privacy as it would be fitted with a flush glass balustrade, central within the roof             space and would not therefore harmfully overlook no. 28 Benett Drive's rear          garden. 


10.20  The proposed insertion of 4no. rooflights to the western roof slope and 3no to       the eastern slope would be discretely positioned within the roof space and          positioned and not cause a degree of overlooking sufficient to warrant refusal        given views would be towards the principal side roofslopes of the neighbouring         properties.


10.21  The new glazing fitted to the ground floor would replace existing and reduce the   amount of fenestration to the ground floor west side elevation. 


10.22  Due to the separation of the proposed development from the neighbours south    on Goldstone Crescent by approx. 22m there is likely to be no harm as a result          of the development. Whilst Benett Drive sits higher in land levels above     Goldstone Crescent the southern boundary of the garden is tree lined which    would help soften its appearance. 


10.23  Overall the proposal would not cause harm to the amenity of neighbouring            occupiers in accordance with Brighton & Hove City Plan Part Two policies DM20        and SPD12 guidance.


            Impact on Highways


10.24  Verbal consultation with Transport concluded that the increase in the number of   trips generated from the increased residential occupancy of the dwellinghouse as 3 bedroom to a 5 bedroom would be acceptable. Whilst it is noted that the         proposal includes the loss of the garage as such, it is not considered to impact    the Highways as sufficient off road parking facilities would be retained on site by          the long driveway would could fit two cars. The site is located within CPZ P            which has an average residential permit uptake of 22%, indicating that there is             residual capacity to absorb the loss of one the garage as such, without       impacting residual capacity for existing residents.  


10.25  As this proposal is for the extension and alteration of the property, it is not considered reasonable to secure cycle parking by condition.


10.26  It is therefore considered that the proposal would be acceptable, in accordance    with DM33 of City Plan Part Two and CP13 of City Plan Part One. 


            Standard of Accommodation


10.27  Planning permission is sought for roof alterations and a ground floor side   extension that would internally create two new double bedrooms, one with en-        suite washing facilities and an additional bathroom in the loft space. The Master         Bedroom would be 29.8m2 and the Bedroom 2 would be 30m2. The ground       floor side extension would enlarge Bedroom 5 to 15m2 and the proposal would         also reconfigure the rear of the ground floor to an open plan kitchen/ living             space. The proposed alterations would meet the minimum floor space standards and provide 4 double bedrooms (min of 11.5msq) and 1 single bedroom (min      7.5msq). It would meet the minimum gross internal floor area of 128m2. The          proposed new layout would improve the overall standard of accommodation          which would accord with Policy DM1 of City Plan Part Two.  





11.1    A condition requiring a bee brick has been attached to improve ecology      outcomes on the site in accordance with the Policy CP10 of the Brighton & Hove        City Plan Part One, Policy DM37 of the Brighton & Hove City Plan Part Two and Supplementary Planning Document SPD11 Nature Conservation and    Development.


11.2    The works would modernise and refurbish the existing building and makes             better use of land. The larger glazing and rooflights would help to maximise the           ingress of sunlight and daylight, reducing reliance on mechanical means. 



12.         EQUALITIES


12.1    Access to the site is via a sloped pathway, and as part of this proposal the             external alterations would internally create an open plan living/ kitchen space           and create one ground floor bathroom. This is supported insofar as it improves          access for those with a mobility-related disability. The dwelling would continue    to provide sufficient day-to-day living facilities on the ground floor for persons       unable to use stairs, which is welcomed.