No:

BH2022/03246

Ward:

Patcham & Hollingbury Ward

App Type:

Full Planning

 

Address:

94 Overhill Drive Brighton BN1 8WJ     

 

Proposal:

Erection of 1no. two-storey dwellinghouse (C3). Alterations to host dwelling incorporating single-storey rear extension and rear dormer. New and altered vehicle crossover. Associated landscaping. (amended description).

 

Officer:

Michael Tucker, tel: 292359

Valid Date:

08.11.2022

 

Con Area:

 

Expiry Date: 

03.01.2023

 

Listed Building Grade: 

EOT:

 

Agent:

CMK Planning   11 Jew Street   Brighton   BN1 1UT                 

Applicant:

Sanctum Homes   C/o CMK Planning    11 Jew Street   Brighton   BN1 1UT              

 

 

 
RECOMMENDATION

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

Proposed Drawing

150  

H

22 May 2023

Proposed Drawing

151  

F

15 March 2023

Proposed Drawing

160  

J

22 May 2023

Proposed Drawing

161  

F

15 March 2023

Proposed Drawing

162  

C

15 March 2023

Location and block plan

002  

C

15 March 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         Notwithstanding any details shown on the approved plans, 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 (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 hard surfacing materials 

c)         samples/details of the proposed window, door and balcony treatments

d)         samples/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 policies DM18/DM21 of Brighton & Hove City Plan Part Two and CP12 of the Brighton & Hove City Plan Part One.

 

4.        Notwithstanding the approved drawings, the development hereby permitted shall not be occupied until a plan detailing the positions, height, design, materials and type of all existing and 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 DM18/DM21 of Brighton & Hove City Plan Part 2, and CP12 of the Brighton & Hove City Plan Part One.

 

5.        Prior to occupation of the development hereby permitted, 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 the type, position, design, dimensions and materials and any sustainable drainage system used;

b.         a schedule detailing sizes and numbers/densities of all proposed trees/plants including food-bearing plants, and 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;

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

 

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 DM22 of Brighton & Hove City Plan Part 2, and CP12 and CP13 of the Brighton & Hove City Plan Part One.

 

6.        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 Policies DM18 and DM21 of  Brighton & Hove City Plan Part 2, policy CP8 of the Brighton & Hove City Plan Part One and Policy WMP3e of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan Waste and Minerals Plan.

 

7.        Access to the flat roof over the extension hereby approved shall be for maintenance or emergency purposes only and the flat roof shall not be used as a roof garden, terrace, patio or similar amenity area.

 

Reason: In order to protect adjoining properties from overlooking and noise disturbance and to comply with Policies DM20 and DM21 of  Brighton & Hove City Plan Part 2.

 

8.        No extension, enlargement or other alteration of the dwellinghouse(s) as provided for within Schedule 2, Part 1, Classes A, B and C 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 amenities of the occupiers of nearby properties and for this reason would wish to control any future development to comply with Policies DM20 and DM21 of  Brighton & Hove City Plan Part 2.

 

9.        The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property.

 

Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with policies CP8 & CP11 of the Brighton & Hove City Plan Part One.

 

10.       The development hereby permitted shall not be occupied until the cycle parking facilities shown on the approved plans have been fully implemented and made available for use.  The cycle parking facilities shall thereafter be retained for use by the occupants of, and visitors to, the development 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 DM33 of Brighton & Hove City Plan Part 2, and SPD14: Parking Standards.

 

11.       The vehicle parking areas 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 and shall be maintained so as to ensure their availability for such use at all times.

 

Reason:  To ensure that adequate parking provision is retained and to comply with policy CP9 of the Brighton & Hove City Plan Part One, policy DM33 of Brighton & Hove City Plan Part 2, and SPD14: Parking Standards.

 

12.       The development hereby permitted shall not be used/occupied until the new/extended crossover and access has been constructed.

 

Reason: In the interests of highway safety and to comply with policies DM33 of Brighton & Hove City Plan Part 2,  and CP9 of the Brighton & Hove City Plan Part One.

 

13.       The development hereby permitted shall not be occupied until the dwellings hereby permitted have been completed in compliance with Building Regulations Optional Requirement M4(2) (accessible and adaptable dwellings) and shall be retained in compliance with  such requirement 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 DM1 of Brighton & Hove City Plan Part 2.

 

14.       The development hereby approved should achieve a minimum Energy Performance Certificate (EPC) rating 'B'.

 

Reason: To improve the energy efficiency of existing and new development and help reduce energy costs to comply with policy DM44 of the Brighton & Hove City Plan Part Two.

 

15.       None of the residential units hereby approved shall be occupied until each residential unit built has achieved as a minimum, a water efficiency standard of 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 Brighton & Hove City Plan Part One.

 

 

16.       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.

 

17.       The development hereby permitted shall incorporate at least three (3) swift bricks/boxes within the external walls of the development 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.

 

18.       The first floor windows in the north-west side elevation of the development hereby permitted shall be obscure glazed and non-opening, unless the parts of the windows which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, and thereafter permanently retained as such.

Reason:  To safeguard the privacy of the occupiers of the adjoining property and to comply with Policies DM20 and DM21 of Brighton & Hove City Plan Part 2.

 

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 advice regarding permeable and porous hardsurfaces can be found in the Department of Communities and Local Government document 'Guidance on the permeable surfacing of front gardens'.

 

3.    The applicant is advised that Part L - Conservation of Fuel and Power of the Building Regulations 2022 now requires each residential unit built to have achieved a 31% reduction in carbon emissions against Part L 2013.

 

4.    The water efficiency standard required by condition 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.

 

5.    The applicant is advised that Part O of Building Regulations 2022 has been introduced.  This standard is aimed at designing out the need for mechanical air conditioning systems in dwellings that would otherwise be prone to overheating and limiting unwanted solar gains.  There are optional methods to demonstrate compliance through the Building Regulations.

 

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

 

7.    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 of approximately 5 metres above ground level, 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 where appropriate.

 

8.    The planning permission granted includes a vehicle crossover which requires 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 Head of Asset and Network Management.  The applicant is advised to contact the Council's Streetworks Team (permit.admin@brighton-hove.gov.uk 01273 290729) for necessary highway approval from the Highway Authority prior to any works commencing on the adopted highway to satisfy the requirements of the condition.

 

 

SITE LOCATION   

The application relates to a two-storey semi-detached residential dwelling with attached side garages on the eastern side of Overhill Drive. The site is not listed nor is it located within a conservation area. The site is located within a Groundwater Source Protection Zone. The surrounding area is primarily residential, comprising detached and semi-detached dwellings set in narrow plots. The application site however has a wide frontage with a substantial gap between it and the neighbouring dwellings to the north, currently partially occupied by garages. Patcham Infant School is located to the northeast of the site.

 

 

RELEVANT HISTORY  

BH2022/03108 - Certificate of lawfulness for proposed roof alterations/extensions including hip to gable roof extension and rear dormer. Approved 29.11.2022

 

BH1999/02567/FP - Erection of store between house and garage.  Approved 21.12.1999

 

 

APPLICATION DESCRIPTION  

Planning permission is sought for the erection of a two-storey 4 bed dwelling (planning use class C3) to the north of the existing building, replacing the existing garages. The application also includes a single-storey rear extension and rear dormer to the existing building (to be shared with the proposed dwelling), as well as a new and an altered vehicle crossover and associated landscaping.

 

The application initially proposed two additional dwellings, one of which would have been partly at lower ground floor. However, following concerns raised by Officers the proposal has been amended to its current form.

 

 

REPRESENTATIONS  

The initial proposal for two additional dwellings was advertised in November 2022. Six (6) letters of objection were received, summarised as follows:

·         Loss of light to home and gardens

·         Additional traffic

·         Additional noise levels

·         Overly dense development

·         Insufficient parking

·         Existing sewers unable to cope

·         Design out of keeping

·         Overdevelopment motivated by profit

·         Poor garden areas for new residents

·         Detrimental to neighbours

·         Loss of property value

 

Councillor McNair objected to the application for the following reasons:

·         Increase in off-road parking

·         Overlooking

·         Change in character of area

·         The application should be determined at planning committee if Officers recommend approval

 

Following receipt of amended plans, the application was re-advertised in March 2023. Five (5) letters of objection were received, summarised as follows:

·         Motivated by profit

·         Additional traffic and parking demand

·         Existing sewers unable to cope

·         Building work will be disruptive

·         Reduced scheme still excessive and not in keeping

·         Loss of property value

·         Detrimental to neighbours

 

 

All five further letters of objection were from persons who had already objected to the original proposals, so in total, objections were received from six individuals.

 

 

CONSULTATIONS  

Planning Policy:   No comment  

 

Sustainable Transport:    

Initial comment 14/12/2022  

Conditions and informatives should be attached to secure the retention of the vehicle parking area for future occupiers, details of cycle parking facilities, a crossover licence and EV charging points.

 

Second comment 15/05/2023  

The proposed vehicle access as shown on the amended plans is a potential highway safety concern due to its design encouraging obstruction of the highway, and due to poor visibility for drivers exiting the site.

 

Final comment 06/06/2023

The proposed vehicle access is now perpendicular with adequate depth. However concerns remain regarding visibility due to the height of the boundary wall. Subject to the resolution of this issue, conditions and informatives should be attached to secure the retention of the vehicle parking area for future occupiers, details of cycle parking facilities and a crossover licence.

 

Housing:  No comment received  

 

Private Sector Housing:   No comment  

 

Environmental Health:   No comment received  

 

 

MATERIAL CONSIDERATIONS  

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).

 

 

POLICIES  

The National Planning Policy Framework (NPPF)  

 

Brighton & Hove City Plan Part One  

SS1    Presumption in Favour of Sustainable Development

CP1    Housing delivery

CP8    Sustainable buildings

CP9    Sustainable transport

CP10  Biodiversity

CP11  Flood risk

CP12  Urban design

CP13  Public streets and spaces

CP14  Housing density

 

Brighton & 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

DM22 Landscape Design and Trees

DM33 Safe, Sustainable and Active Travel

DM36 Parking and servicing

DM37 Green Infrastructure and Nature Conservation

DM43 Sustainable Drainage

DM44 Energy Efficiency and Renewables

 

Supplementary Planning Documents:  

SPD03           Construction & Demolition Waste

SPD06           Trees & Development Sites

SPD11           Nature Conservation & Development

SPD12           Design Guide for Extensions and Alterations

SPD14           Parking Standards

 

 

CONSIDERATIONS & ASSESSMENT  

The main considerations in the determination of this application relate to the principle of the development, the design and appearance of the proposals and the impact upon neighbouring amenity. The standard of accommodation to be provided and sustainable transport matters are also material considerations.

 

Principle of Development:  

 

Policy CP1 of 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 2,328 homes per year. This includes a 35% uplift applied as one of the top 20 urban centres nationally.

 

The council's most recent housing land supply position is published in the SHLAA Update 2022 which shows a five-year housing supply shortfall of 7,711 (equivalent to 1.8 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). This being the case, the provision of an additional dwelling resulting from the scheme must be given increased weight in the planning balance relating to the present application.  

 

The proposal (as amended) would result in the provision of one additional residential unit in an established residential area, making a contribution towards the housing supply of the city at a time when the Council is unable to demonstrate a five-year supply. This is given increased weight in accordance with the 'tilted balance' in favour of housing delivery set out above.

 

The plots resulting from the proposed subdivision are considered to be of suitable sizes to avoid a cramped or overdeveloped urban grain. The proposed development achieves a net density of approximately 51dph (dwellings per hectare) which meets Policy CP14 objectives in making full, efficient and sustainable use of sites.

 

No objection is therefore raised to the proposal as amended in principle, subject to an assessment of other material considerations as set out below.

 

Design and Appearance:  

The proposals, as amended, are considered to be acceptable in terms of design and appearance. 

 

The proposed additional dwelling would assimilate well into the streetscene, demonstrating a high level of consistency between it and the existing dwelling in terms of building line, height, roof form, eaves lines, pattern of fenestration and material finish. The amended proposals include a bay window feature to further reflect the characteristics of the existing building. 

 

Alterations to the existing building comprise a rear dormer (shared with the proposed additional dwelling) and a single-storey rear extension. The dormer would be set down from the roof ridge and set in from the side eaves and would be clad in clay tiles to match the main roofslope. It is noted that rear dormers are a common feature within the area and this element of the proposals is considered not to be harmful or otherwise incongruous in this context. The rear extension would be of a suitable depth and width that would not relate poorly to the host building.

 

On the basis of the amended scheme, a suitable visual gap would be retained between the proposals and the neighbouring buildings to the north (Mill Cottages). Concerns raised by public objections regarding the terraced nature of the proposals (in combination with the adjoining neighbour at no. 92) are noted, however it is considered that this does not in itself cause harm to or otherwise significantly alter the character and appearance of the area. There is no strong sense of rhythm or uniform proportion within the existing streetscene that would be disrupted by the addition of a new dwelling on the site.

 

For the above reasons the proposal is considered to be acceptable in terms of design and appearance and to comply with Policy CP12 of the City Plan Part One and Policies DM18 and DM21 of the City Plan Part Two.

 

Full details of the proposed material finish can be secured by condition, as can details of the proposed boundary treatments. The proposal may result in some loss of/damage to the existing soft landscaping on site during construction works, and a scheme for replacement landscaping can be secured by condition to address this.

 

Impact on Amenity:  

Policy DM20 of the City Plan Part Two states that 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.

 

The neighbours most likely to be affected by the proposed development are the adjoining no. 92 Overhill Drive to the southeast and the terrace of three dwellings at 1 - 3 Mill Cottages to the north. Of this terrace, no. 3 would be the least likely to be directly affected in terms of overshadowing and loss of light due to its location eastwards of the proposed building.

 

The initial proposal (comprising a second additional dwelling) was considered to have the potential to result in significant harm to the amenity of neighbours to the north at 1 and 2 Mill Cottages due to the very close proximity of the then-proposed built form to the rear facade of Mill Cottages. 

 

Following discussions with the applicant, the originally-proposed second additional dwelling has been deleted from the application.

 

The amended scheme would remain unlikely to result in a significant impact upon the adjoining 92 Overhill Drive in terms of overshadowing, being overbearing, or an increased sense of enclosure. The proposed additional built form is angled northwest, and no. 92 has a sizeable existing rear extension meaning it has no ground floor rear windows that would be affected by the proposed extension to no. 94.

 

In terms of the impact upon the terrace at 1 – 3 Mill Cottages to the north, whilst the proposals would be visible from these dwellings it is considered that the additional built form would retain an acceptable separation distance to avoid significant harm in terms of overshadowing, overbearing impact and sense of enclosure.

No.1 Mill Cottages is the westernmost dwelling of the terrace. From the centre of the rear façade of No. 1, there would be a distance of 9.1m to the closest additional built form (the single-storey rear element of the proposals), and a distance of 9.4m to the proposed two-storey building.

 

No.2 Mill Cottages is the central dwelling of the terrace and would have separation distances of 7.8m and 9.5m to the single-storey and two-storey elements, respectively.

 

No. 3 Mill Cottages is the easternmost dwelling of the terrace and has a single-storey lean-to rear extension. From its main rear façade, No. 3 would have separation distances of 9m and 11.5m.

Whilst this is a reduction compared to the existing arrangement (comprising a separation distance of 9.8m to the closest point (the garages), and 13.7m to the existing two-storey built form), it is considered that sufficient spacing would be retained to avoid significant harm in terms of direct overshadowing, overbearing impact or loss of outlook.

 

 

In terms of potential overlooking, two side-facing windows are proposed at first floor level, one of which is indicated as obscure glazed. Due to the orientation of the buildings these would not offer views directly towards the neighbours to the north, however a condition is proposed to ensure that both windows are obscure glazed.The windows to the rear would similarly offer only oblique views towards neighbouring dwellings.

 

One additional dwelling is considered unlikely to result in significant levels of noise disturbance for neighbours from general day-to-day occupation of the new dwelling.

 

Concerns raised in public objections regarding noise and disturbance during construction are acknowledged, however it is considered that the proposals are not of a significant enough scale to warrant securing a Construction Environmental Management Plan (CEMP) or similar by condition. The Council has powers under separate legislation to respond to complaints regarding unreasonable noise or disturbance.

 

Accordingly, and whilst it is acknowledged that the proposals would be visible from some neighbouring dwellings, it is considered that the proposals as amended would be unlikely to give rise to significant harmful impacts upon neighbouring amenity. No conflict with Policy DM20 of the City Plan Part Two is therefore identified.

 

Standard of Accommodation:  

The proposed additional dwelling would comprise 126sqm of accommodation over three floors (including rooms in the roofspace). There would be four bedrooms of 7.75sqm, 8sqm, 14.7sqm and 10.3sqm, with a living room and an open-plan kitchen/living/diner on the ground floor. The dwelling would be nominally triple aspect, however due to the obscure glazing to the side elevation, the aspect to the west would be limited. All rooms would nevertheless benefit from access to natural light and outlook as well as suitable dimensions and proportions allowing space for furniture and circulation.

 

The proposed additional dwelling would comply with the Nationally Described Space Standards (NDSS) as required by Policy DM1 of the City Plan Part Two in terms of overall area, headroom, bedroom sizes and storage.

 

Approximately 145sqm of outdoor amenity space would be provided to the side and rear, which is considered acceptable for a dwelling of this scale in this location.

 

The proposed dwelling is therefore considered to provide an acceptable standard of accommodation for future occupiers.

 

The existing dwelling would be extended to 138sqm, with four bedrooms plus a 4.9sqm study room. The extended existing dwelling is similarly considered to provide an acceptable standard of accommodation, in compliance with the NDSS and with space for furniture and circulation as well as access to natural light and outlook.  The outdoor amenity space for the existing dwelling would be significantly reduced, however an area of 44sqm to the rear would be retained and this is considered to be an acceptable, useable, space for future occupiers.

 

Sustainable Transport:  

The proposal is unlikely to result in a significant uplift in trip generation, given that a single new dwelling is proposed in an existing residential area.

 

Vehicle and pedestrian access to the existing and proposed dwellings has been subject to a number of revisions and comments from the Local Highway Authority throughout the course of the application, with concerns having been raised as to the second iteration of the vehicle access with an angled approach from the footway. As now amended, the proposed vehicle access for the proposed dwelling would be by way of the existing crossover (serving the garages), albeit narrowed to a single vehicle width.  A new crossover would also be created to serve the existing dwelling. The Local Highway Authority has confirmed in their most recent comments that there is no objection on highways safety grounds to this arrangement, subject to a reduction in the height of the boundary wall to increase visibility for drivers. This can be accommodated through the proposed Boundary Treatments condition (4) and subject to this the proposed vehicle access and crossover arrangement is considered acceptable.

 

Pedestrian access would be shared with the vehicle access. This is considered acceptable.

 

The proposal includes two on-site car parking spaces (one for each of the existing and proposed dwellings), which is in accordance with SPD14 standards. There may be parking overspill onto the highway network, but the Local Highway Authority have confirmed they do not object in this case, as If there appears to be spare capacity on the street. If parking pressure becomes a concern, a Traffic Regulation Order could be sought introducing a Controlled Parking Zone.

 

Cycle parking is shown to be located to the front of the dwellings in covered secure cycle stores. The plans suggest these stores as being suitable for three cycles, and whilst this may be ambitious given the dimensions of the stores, SPD12 requires only two cycle spaces per dwelling and it is therefore considered that the proposals are nevertheless acceptable in this regard.

 

Electric Vehicle Charging Points are indicated on the plans next to the on-site parking area, as are refuse and recycling storage locations near to the highway.

 

Sustainability:  

Energy and water efficiency standards in accordance with Policy CP8 of the City Plan Part One and Policy DM44 of the City Plan Part Two can be secured by condition.

 

Other Considerations:  

Conditions requiring at least one bee brick and three swift bricks/boxes have been 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.  

 

A condition is attached to remove certain 'permitted development' rights to ensure that future alterations to the buildings are carried out with full consideration of the appearance of the site and any impact upon neighbours.

 

A condition is also attached to ensure that access to the areas of flat roof are for maintenance/emergency purposes only and to prevent this area from being used as a roof terrace or similar, which would give rise to potentially significant harm to the amenity of neighbours.

 

Conclusion:  

As amended, the proposals are considered acceptable in principle, making a contribution to the housing supply of the city at a time when the LPA is unable to demonstrate a five-year supply. The design and appearance of the proposals is considered acceptable, and no significant harm to neighbouring amenity is anticipated. The standard of accommodation and transport impacts of the development similarly raise no objections.

 

Approval is therefore recommended, subject to conditions.

 

COMMUNITY INFRASTRUCTURE LEVY  

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 £17983.83. 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. 

 

 

EQUALITIES  

New residential buildings are expected to be built to a standard whereby they can be adapted to meet the needs of people with disabilities without major structural alterations. A condition shall be applied to ensure the development complies with Requirement M4(2) of the optional requirements in Part M of the Building Regulations.

 

 

CLIMATE CHANGE/BIODIVERSITY  

The proposal would make more effective use of an existing site. Cycle parking facilities and EV charging points are included within the proposals to encourage more sustainable modes of travel. Bee bricks and swift bricks are to be secured by condition to improve biodiversity outcomes.