St. Peter's And North Laine Ward

App Type:

Full Planning



126 Gloucester Road Brighton BN1 4BU     



Change of use of part of ground floor and of first floor from commercial (E) to residential (C3) and raising of roof ridge height to facilitate second floor accommodation to form 5no residential units, incorporating a single dormer to the south elevation and a single rooflight to the west elevation, revised fenestration and associated alterations.



Robin Hodgetts, tel: 292366

Valid Date:



Con Area:

 North Laine

Expiry Date: 



Listed Building Grade: 




CMK Planning   11 Jew Street   Hove   BN1 1UT                 


Mr S Cole   C/o CMK Planning    11 Jew Street   BN1 1UT                 






1.1       That the Committee has taken into consideration and agrees with the reasons for            the recommendation set out below and resolves to be MINDED TO GRANT     planning permission subject to a s106 agreement on the Heads of Terms set out below and the following Conditions and Informatives as set out hereunder, SAVE           THAT should the s106 Planning Obligation not be completed on or before 8   July 2023 the Head of Planning is hereby authorised to refuse planning             permission for the reasons set out in section 13 of this report:


            S106 Heads of terms


            Affordable Housing:

·                     Provision of a commuted sum of £254,300 in lieu of on-site provision of      affordable housing.


            Highway Works

            The following highway works are required to be secured via a section 278/38


·                     Implementation of new footway at the eastern corner of the junction of Gloucester Passage with Gloucester Road, and any reasonable adjustments required to the impacted junction.




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

Location Plan


23 August 2022

Block Plan


23 August 2022



Planning Statement

23 August 2022

Proposed Drawing



13 February 2023

Proposed Drawing



13 February 2023

Proposed Drawing



13 February 2023

Proposed Drawing



13 February 2023


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.         Prior to first occupation of the development hereby permitted, details of secure     cycle parking facilities for the occupants of, and visitors to, the development shall           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.


4.         Prior to first occupation of the development hereby permitted a scheme for the      storage of refuse and recycling shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in full as     approved prior to first occupation of the development and the refuse and recycling         storage facilities shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory facilities for the storage of refuse             and to comply with policy DM20 of City Plan Part One.


5.         The development hereby permitted shall not be occupied until details showing the           five bee bricks required has been submitted to and approved in writing by the   Local Planning Authority. The scheme shall then be carried out in strict          accordance with the approved details and thereafter retained. 

            Reason: To safeguard these protected species from the impact of the         development and ensure appropriate integration of new nature conservation and         enhancement features in accordance 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.


6.         No part of the development shall commence of any part of the development hereby permitted until samples/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 (where applicable):

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

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

c)         samples/details of all hard surfacing materials 

            d)        samples/details of the proposed window, door and balcony treatments                    including any glazing 

            e)        samples/details of all other materials to be used externally 

            The 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 DM18 and DM26 of Brighton & Hove City Plan Part 2 and CP12 and         CP15 of the Brighton & Hove City Plan Part One.


7.         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 DM18 and DM26 of Brighton & Hove City         Plan Part 2 and CP12 and CP15 of the Brighton & Hove City Plan Part One


8.         Prior to occupation of the development details of the sustainable building   measures to be undertaken shall be submitted to and approved in writing by the       Local Planning Authority. The development shall be carried out in strict            accordance with the approved details and retained as such thereafter. 

            Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and has an acceptable appearance and to comply       with policies CP8 and CP12 of the Brighton & Hove City Plan Part One.




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.         You are advised that details of the development will be passed to B&HCC as        Traffic Authority administering the Controlled Parking Zone, of which the    development forms part, so they can determine whether occupiers should be      eligible for  residents' parking permits.


3.         In order to be in line with Policy TR14 of the Brighton & Hove Local Plan 2005      cycle parking must be secure, convenient, well lit, well signed and wherever        practical, sheltered. The Highway Authority's preference is for Sheffield type     stands to ensure the main frame of the bicycle can be securely stored. All must   be spaced in line with the guidance contained within the Manual for Streets      section 8.2.22.


4.         The proposed highway works include implementing new footway on the eastern   corner of Gloucester Passage at its junction with Gloucester Road and any other reasonable amendments that may be required at the impacted junction. The applicant is advised that they must enter into a Section 278 Agreement with the Highway Authority prior to any works commencing on the adopted highway, contact Any modifications to the highway will need to be agreed through a s278 or carried out under licence, which can be determined in due course.



2.         SITE LOCATION  


2.1       This application relates to a 2-storey property located on the junction of Gloucester Road and Gloucester Passage. The property is not listed but is located within the North Laine Conservation Area. The surrounding area is predominantly residential albeit as is typical of the North Laines, with some businesses and two public houses adjacent to the development site. It lies close to the identified Regional Shopping Centre (CP4 and DM12) to the west.


2.2       The existing building is currently in use as a workshop (Class E).





            BH2021/02092 - Change of use of part of ground floor and of first floor from          commercial (Class E) to residential (Class C3) and raising of ridge height to        facilitate second floor accommodation to form 6no residential units, incorporating    dormers to South and West elevations, alterations to fenestration and associated           alterations. Refused 02.09.2021 for the following reasons:


1.      The proposed loss of 207sqm of Class E commercial space would not accord with the requirements of policies CP3 and SA2 since the site is still in use by a longstanding business and is not vacant and no marketing campaign has been undertaken for a sustained period of time. It has therefore not been demonstrated that the site is redundant for commercial use, and the proposal would fail to safeguard a premises that helps meet the needs of the city and supports job creation. The proposal would also fail to reinforce central Brighton's role as the city's vibrant, thriving commercial centre.  The proposed change of use is therefore contrary to Policies CP3 and SA2 of the Brighton and Hove City Plan Part 1.


2.      The proposed alterations to the roof and fenestration, by virtue of their design and scale, are considered unsympathetic to the existing building and would fail to preserve or enhance the setting of the wider conservation area. The proposed development would therefore conflict with Policies CP12 and CP15  of the Brighton and Hove City Plan Part 1 and Policy HE6 of the Brighton and Hove Local Plan.


3.      The amenity and living conditions of the prospective residents would be unduly compromised given the limited outlook and light afforded to the units, and units 1, 2 and 6 in particular. The standard of accommodation proposed would therefore be contrary to policy QD27 of the Brighton and Hove Local Plan.





4.1       Planning permission is sought for the change of use of the property from its           current Class E commercial use, primarily as a workshop, to a mixed Class E         commercial and residential use, with commercial space at ground floor level with       five flats (use class C3) above at ground and first floor level, and in the roof. This            is to be achieved by raising the ridge height of the roof by 54cm and the    construction of a single dormer to the south elevation and installation of one     rooflight to the west elevation and five others in the flat roof above.


4.2       It is a revised re-submission of application BH2021/02092 which was refused on 2 September 2021 for the reasons outlined above.


4.3       The present application has sought to respond to these reasons for refusal by      reducing the number of residential units from six to five, reducing the number and    scale of the dormers, and amending the fenestration, materials and frontage       proposed. 





            Twelve (12) representations have been received objecting to the application on   the basis of:

·                     Overdevelopment of the site

·                     Impact on the amenity of neighbours in terms of overlooking, loss of light   and noise

·                     Impact on the character of the North Laine conservation area

·                     The design and height of the proposed development

·                     Increase in traffic to the site



6.         CONSULTATIONS  




            Conservation Advisory Group No objection 




Economic Development No Comment 


            Heritage No Objection 


            Objections were made based on the initial proposal which included multiple          dormers and rooflights to the front elevation of the roofslope resulting in harm to      the character of the North Laine Conservation Area.


            Following amendments to the design to remove all but one rooflight from the front             elevation this objection has been resolved.


            Policy No objection 



            The proposal site is still in active use and so the application cannot be fully            assessed against the tests of redundancy and unsuitability as set out by the    requirements of policies SA2 Central Brighton and CP3 Employment Land. 


            Whilst it is noted that under the changes to the Use Classes Order introduced on             1 Sept 2020, employment uses previously classed as B1a now fall under Class E    (Commercial, Business and Service Uses), the CPP1 marketing requirements for policies SA2 and CP3.5 do still apply.


            The proposed housing units would be a small contribution to the city's housing     supply. It should be determined whether the units would meet M4(2)     accessibility/adaptability standards (also required by Policy DM1). When       considering the planning balance for this proposal, increased weight will need to         be given to housing delivery in line with the presumption in favour of sustainable           development set out in the NPPF (paragraph 11).


            Transport No objection subject to conditions 




            Acceptable, subject to the use of the refuse store being clarified and any    necessary amendments to its access, including the refuse doors that open        outwards (that may be subject to highway enforcement as per Highway Act 1980)           be made, In addition the inclusion of: 

·                 Car-free Informative 

·                 Cycle Parking Scheme condition and informative (for both residential and commercial elements) 

·                 Refuse and recycling scheme condition (only commercial if amendments   to the proposed space are made) 

·                 S106 agreement including S278 and the below condition and informative





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


            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 Harbour Joint Area Action Plan (adopted October 2019).



8.         POLICIES  

            The National Planning Policy Framework (NPPF)  


            Brighton & Hove City Plan Part One  

SS1     Presumption in Favour of Sustainable Development

CP1 Housing delivery

CP3 Employment Land

CP4 Retail Provision

CP7 Infrastructure and Developer Contributions

CP8 Sustainable buildings

CP9 Sustainable transport

CP12 Urban design

CP14 Housing density

CP15 Heritage

CP19 Housing mix

CP20 Affordable Housing

SA2 Central Brighton


            Brighton & Hove City Plan Part 2  

DM1    Housing Quality, Choice and Mix 

DM12 Changes of Use within Regional, Town, District and Local Shopping            Centres

DM18  High quality design and places

DM20  Protection of Amenity 

DM21  Extensions and alterations

DM26 Conservation Areas

DM29  The setting of Heritage Assets

DM33  Safe, Sustainable and Active Travel

DM36  Parking and Servicing


            Supplementary Planning Documents:  

SPD14 Parking Standards

SPD12 Design Guide for Extensions and Alterations

SPD09 Architectural Features

SPD17 Urban Design Framework





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 site, streetscene and wider conservation area, the standard of accommodation provided and any potential impact on the        amenities of neighbouring properties, in addition to transport issues. Ecology and sustainability are also considerations. 



            Principle of development


            Housing Supply and the titled balance  


9.2       Planning permission is sought for the conversion of the existing building to provide             commercial uses and 5no residential units. 


9.3       Policy CP1 in the City Plan Part One sets a minimum housing provision target of 13,200 new homes for the city up to 2030. However, on 24 March 2021 the City             Plan Part One reached five years since adoption. National planning policy states       that where strategic policies are more than five years old, local housing need   calculated using the Government's standard method should be used in place of the local plan housing requirement. The local housing need figure for Brighton &             Hove using the standard method is 2,311 homes per year. This includes a 35%    uplift applied as one of the top 20 urban centres nationally.


9.4       The council's most recent housing land supply position is published in the SHLAA             Update 2021 which shows a five-year housing supply shortfall of 6,915       (equivalent to 2.1 years of housing supply).


9.5       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).


9.6       The provision of 5 new residential units would constitute a windfall development   and would make a small but useful contribution to the city's housing supply, as             set out in City Plan Part 1 policy CP1. Given the housing supply position, the       principle of new residential units on the site is supported and given increased     weight. 


            Planning Policy


            Housing Mix


9.7       The development would provide 2x1 bedroom (40%), 2x2 bedroom (40%) and      1x3 bedroom (20%) units. 


            Policy CP19 states:

            "4.213 A demographic analysis of the demand/ need for homes in the city over     the plan period indicates that an estimated 65% of the overall need/demand (for      both market and affordable homes) will be for two and three bedroom properties        (34% and 31% respectively); 24% for 1 bedroom properties and 11% for four-plus   bedroom properties. In terms of the demand for market housing, the greatest   demand is likely to be for 2 and 3 bedroom properties (35% and 36%    respectively)."  


9.8       The mix of units provided is considered acceptable and meets the requirements   of Policy CP19 of the City Plan Part One.


            Affordable Housing


9.9       CP20 of the City Plan Part One requires developments of between 5 and 9 (net) residential units to provide 20% affordable housing as an equivalent financial   contribution. In this instance, based on the methodology set out in the Developer     Contributions Technical Guidance Paper and the updated Schedule of Commuted        sum payments (updated May 2021), five units located in Zone 1 would require a       contribution of £254,300


9.10    The application submission confirms that the applicant is willing to enter into a      S106 agreement to secure the required financial contribution.


            Loss of commercial floor space


9.11    A key consideration in determining this application is the loss of Class E     employment floorspace, with the scheme proposing the provision of 187 sq m of commercial space where currently there is 509.9sq m. However, as highlighted in the applicant's submission, only around 209.3m of this is in functional use with    the remainder being used as redundant storages/garages. Some 47 people use           the site for employment, where it is estimated that because of the more modern,         efficient use of the site, up to 84 people could be employed in the future.


9.12    City Plan Part One Policy CP3, criterion 5. permits the loss of employment             premises where it can be demonstrated to be redundant and incapable of meeting    the needs of alternative employment uses. Where loss is permitted, the priority            for re-use will be for alternative employment generating uses or housing (in       accordance with CP20 Affordable Housing). 


9.13    As set out in the Policy team's detailed comments, there are concerns that the      proposal results in the considerable loss of commercial floorspace that has not         been fully justified under the criteria of the relevant policies. The building is not vacant and no marketing over a sustained period has taken place. Nonetheless       and in spite of the loss of commercial floorspace, there would still be a commercial            unit (Class E) retained so there would be no net loss of units, even though there would be a loss of floorspace. In this instance the significant weight which must    be given to the provision of housing would outweigh the loss of commercial     floorspace.


9.14    The redundancy of the commercial space has not been demonstrated but given   it would not be entirely lost and is likely to generate a higher number of jobs, as a          smaller commercial unit would be retained and modernised, providing an          improvement in terms of useability over the existing workshop. On this basis, the       scheme is considered to be acceptable in terms of Policy CP3.  


9.15    Further, given the substantial weight given to the benefits of additional housing, it            is considered that the loss of 183m2 of commercial space is outweighed by the        provision of five sustainably located residential units.


            Design and Appearance  


9.16    When considering whether to grant planning permission for development in a             conservation area the council has a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the area.


9.17    Case law has held that the desirability of preserving a listed building or its setting             or the character or appearance of a conservation area must be given   "considerable importance and weight".


9.18    The NPPF states at para 202 that 'Where a development proposal will lead to less           than substantial harm to the significance of a designated heritage asset, this harm        should be weighed against the public benefits of the proposal including, where    appropriate, securing its optimum viable use'.


9.19    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. Policies CP15 of CPP1 and DM26            of CPP2 seek to protect heritage assets and their setting. 


9.20    The site is located within the North Laine Conservation Area and is located in a prominent position on the corner of Gloucester Road and Gloucester Passage. As a result, the proposed changes to the height and elevations would be clearly visible and would have an impact on the appearance of the area. 


9.21    The main visible change to the building proposed in this application are the           insertion of a dormer windows on the southern elevation, and the raising of the ridge by 54cm to allow sufficient headroom to occupiers. A dormer was initially   proposed on the western elevation but this was removed following feedback from Heritage officers, and replaced with a single conservation-style rooflight. Skylights   on the flat roof would instead provide light to the occupiers of the new             accommodation. This has reduced the impact of the proposal and its effect on the             character of the surrounding conservation area. The raising of the ridge by 54cm will allow the existing roofslope to remain and its profile retained, and is           considered to be in keeping with the character and appearance of the area,         including its heritage features.


9.22    The other works proposed in the scheme comprise the reinstatement of a timber door on the Gloucester Road frontage to provide access to the residential units;            glazed windows replaced/reinstated on both the Gloucester Road and Gloucester     Passage elevations; timber garage doors installed on the Gloucester Passage       elevation for access to the commercial unit; and a first floor goods entrance on           this elevation being infilled. It is considered that all of these works would have a             positive impact on the character of the area, and would enhance the appearance   of the somewhat dated building. 


9.23    It is considered that the proposed development would conserve the historic             environment and would thus comply with Policy CP12 Urban Design and CP15    Heritage of the CPP1.



            Standard of accommodation 


9.24    Planning permission for any development or change of use will not be granted      where it would cause material nuisance and loss of amenity to the proposed,           existing and / or adjacent users, residents, occupiers or where it is liable to be    detrimental to human health.


9.25    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 and are required to      be met by Policy DM1 of the City Plan Part Two.


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


9.27    The proposed development would result in the creation of 5 units in total,   comprising:


            Unit 1: Three bedroom, six person unit measuring 113sqm

Unit 2: Two bedroom, three person unit measuring 62sqm

            Unit 3: One bedroom, two person unit measuring 51sqm

            Unit 4: Two bedroom, three person unit measuring 86sqm

            Unit 5: One bedroom, two person unit measuring 71sqm


9.28    Each of the proposed units would meet or exceed the floor space requirements    as set out in the government's Nationally Described Space Standards. The floor plans submitted provide a furnished layout of each new unit which appears to      demonstrate adequate circulation space within the properties.


9.29    There is concern regarding the lack of light and outlook to Unit Three due to its     west facing, single aspect nature. No formal Daylight/Sunlight Assessment has   been submitted to enable a fuller assessment of the potential impacts, however, on the basis of the information provided it is considered that the proposal would          cause a small degree of harm to the occupiers of Unit Three. To mitigate this, the             single conservation style rooflight would be required to the western elevation in    order to provide sufficient natural light and ventilation to the bedroom of Unit             Three. It is considered that the other proposed units would benefit from      acceptable levels of natural light, ventilation, outlook and privacy. 


9.30    Policy DM1 requires the provision of external amenity space within developments            to serve new residents. Only two of the units have any private outdoor amenity         space (terraces), which is not ideal, however, it is recognised that the constraints        of the site make further provision difficult in this instance, and in this inner city      location there is access to a public park at Pavilion Gardens within 0.6 miles of            the site. On balance the provision is considered acceptable. 


9.31    Policy DM1 of CPP2 requires all new residential dwellings to meet the requirements of Building Regulations Requirement M4(2) for wheelchair access, but it is recognised that this might not be practicable in smaller residential conversions. The development is a small conversion scheme and is situated over a number of floors with no lift present and thus it is acknowledged that it will not be possible to comply with Requirement M4(2) of the optional requirements in Part M of the Building Regulations.


9.32    It is noted that concerns have been raised by the Private Sector Housing team     that units 1, 2 and 4 all have a layout which may pose a high risk of fire. Alternative       layouts could be explored, and ultimately fire safety concerns are dealt with at            Building Regulation stage. 


9.33    Most of the units would provide an acceptable standard of accommodation, albeit            the light to Unit Three is not ideal. However this objection is not significant when         weighed against the benefits of the scheme in terms of the provision of 5 new,            centrally located units of accommodation and as such not sufficient to refuse the          scheme.  Therefore, on balance the proposed accommodation is not considered      sufficiently harmful to warrant refusal of the application.


            Impact on Amenity:  


9.34    The neighbouring properties most likely to be affected by the proposals are Nos. 1 to 4 Gloucester Passage and No.11 Gloucester Road, also to an extent the       upper floors of the adjacent public houses (no.s 12 and 125) and the adjacent    property at no. 127. The impact of the proposal, including the increase in height           and addition of dormers on these adjacent properties has been fully considered in terms of daylight, sunlight, outlook and privacy, and no significant harm has      been identified. Any additional overlooking would not be significant and the            distance between properties follows the tight knit urban grain of the area. The           proposed outdoor terraces would be close to rooflights of the adjacent property             (no.127) however these rooflights are set significantly higher than the terrace and       thus the relationship would be acceptable.   


9.35    Directly opposite the south and west of the properties lie public houses and the concern raised by the pubs that the proposal may affect their viability is noted in terms of 'agents of change' and the potential for noise complaints from future residents. The site is however located in a busy central urban area and the area is very mixed in terms of land use.  There are already a number of residential properties in close proximity to pub. Relatively close relationships between residential properties and commercial ones, including outdoor seating areas occurs successfully in the North Laines and is characteristic of the area. It is not considered that the new residential units would exacerbate this as they would not be any closer than existing units (i.e. 14 and 15 Gloucester Road) so would not unduly affect the viability of any existing businesses. 


9.36    There are a number of minor amendments to the fenestration layout of the            building, but these alterations are not considered likely to cause significant harm      to the privacy of neighbouring occupiers. Any new openings would have similar         views to those had from existing openings.


9.37    The proposed development is therefore considered to be in accordance with         Policy DM20 of the City Plan Part 2.


            Sustainable Transport:  


            Cycle Parking


9.38    SPD14 Parking Standards requires a minimum of one cycle parking space per     dwelling and 1 cycle parking space for visitors per 3 units (over a threshold of 5       units) and 2 cycle parking spaces for 3-4 bedroom unit. The applicant is proposing         6 cycle parking spaces in the entrance of the building which therefore accords   with the requirement for 1 for each of the four 1- and 2-bed units, and two for the           3-bed unit. The type of stands being proposed is unclear but this will be secured          by a condition requiring details to be provided


            Trip generation


9.39    The Local Highway Authority has raised no concerns regarding the potential for    the scheme to result in any increase in vehicle trips.


            Car Parking


9.40    The Local Highway Authority has raised concerns with regards to the potential for overspill parking on the highway. However, the site is located within Controlled Parking Zone Y. Given the level of permit uptake within this zone, the highways team have requested that the development be made car free via informative rather than condition as it is acknowledged that parking is already managed through the CPZ. 




9.41    The Council has adopted the practice of securing minor design alterations to         schemes with the aim of encouraging the biodiversity of a site, particularly with          regards to protected species. A condition requiring bee bricks and the installation of swift bricks will be attached to improve ecology outcomes on the site in            accordance with the Policy CP10 of the Brighton & Hove City Plan Part One and         Supplementary Planning Document SPD11 Nature Conservation and     Development.




9.42    A condition will be imposed to ensure the development incorporates sustainable building measures, and sufficient space for refuse/recycling, in accordance with      policies CP8 and WMP3e. 




9.43    On balance, it is considered that the positive aspects of the scheme such as the provision of 5 new dwellings within a sustainable location and the modernisation of the existing Class E commercial unit are such that they outweigh the concerns regarding the quality of the accommodation provided (in particular Unit 2) or the less than substantial harm to the character of the conservation area. Approval is therefore recommended.



10.       EQUALITIES  


10.1    Given the constraints of the site, and the proposal to make use of the existing      building rather than demolish it and rebuild, unfortunately it would not be possible   for the dwellings to be made accessible to those with mobility issues.





11.1    A condition requiring a bee bricks 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. 





12.1    Under the Regulations of the Community Infrastructure Levy (CIL) 2010 (as          amended), Brighton & Hove City Council adopted 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 if it was approved      would be £57,750



13.       S106 AGREEMENT


            In the event that the draft S106 agreement has not been signed by all parties by the date set out above, the application shall be refused for the following reasons: 


1.            The proposed development fails to provide a commuted sum in lieu of affordable housing, contrary to policy CP20 of the Brighton and Hove City Plan Part 1. 

2.               The highway works required to make the proposed development acceptable in terms of its impact on road safety have not been secured, contrary to policies DM33 of Brighton & Hove City Plan Part 2, and CP9 of the Brighton & Hove City Plan Part One.