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Brighton & Hove City Council

 

Hove Station Neighbourhood Plan 2019-2030

 

DECISION STATEMENT

 

1.         Introduction

 

1.1       Under the Town and Country Planning Act 1990 (as amended), the City Council has a statutory duty to assist communities in the preparation of Neighbourhood Plans and Orders and to take plans through a process of examination, referendum and adoption. The Localism Act 2011 (Part 6 Chapter 3) sets out the local planning authority’s responsibilities under Neighbourhood Planning.

 

1.2       This report confirms that the modifications proposed by the examiner’s report have been accepted, the draft Hove Station Neighbourhood Plan has been altered as a result of it, and that this plan may now proceed to referendum.

 

2.         Background

 

2.1       The Hove Station Neighbourhood Plan relates to the area that was designated by Brighton & Hove City Council as a Neighbourhood Area on 18 September 2014. This area includes parts of four Council wards, these being Central Hove, Goldsmid, Westbourne & Poets’ Corner and Wish. The Neighbourhood Plan has been prepared by the Hove Station Neighbourhood Forum which was formally designated by the City Council on 23 December 2014 and re-designated on 18 September 2019.

 

2.2       Following the submission of the Hove Station Neighbourhood Plan to the Council, the plan was publicised and representations were invited over an 8-week period from 20 May to 15 July 2021 in accordance with Regulation 16 of the Neighbourhood Plan regulations.

 

2.3       Mr Jeremy Edge BSc FRICS MRTPI was appointed by the City Council, with the consent of the Hove Station Neighbourhood Forum, to undertake the examination of the Hove Station Neighbourhood Plan and to prepare a report of the independent examination. The Neighbourhood Plan examination commenced on 24 January 2022.

 

2.4       The examiner took the decision to suspend the examination temporarily to enable the Neighbourhood Forum to make amendments to the Basic Conditions Statement supporting the Neighbourhood Plan. The amended document was submitted to the Council and subsequently published for comment as a supplementary Regulation 16 consultation over a 6-week period from 3 November to 15 December 2022.

 

2.5       The examiner’s report was received on 10 October 2023. It concludes that the Hove Station Neighbourhood Plan, subject to a number of recommended modifications, meets the Basic Conditions as defined in the Localism Act 2011, Schedule 10 and Schedule 4B, 8 (2) of the Town and Country Planning Act 1990, and can proceed to referendum.

 

3.         Decision

 

3.1       The Neighbourhood Planning (General) Regulations 2012 require the local planning authority to outline what action it wishes to take in response to the recommendations of an examiner made in a report under paragraph 10 of Schedule 4B to the 1990 Act (as applied by Section 38A of the 2004 Act) in relation to a neighbourhood development plan.

 

3.2       Having considered each of the recommendations in the examiner’s report and the reasons for them, Brighton & Hove City Council with the consent of the Hove Station Neighbourhood Forum, has agreed what action to take in response to each recommendation. It has been decided to accept all the modifications to the draft Plan proposed by the examiner in accordance with paragraph 12 of Schedule 4B to the 1990 Act.

 

3.3       Table 1 below sets out the examiner’s recommended modifications to the Neighbourhood Plan and the accompanying reasons given in his report. The table indicates what action has been decided by the Council in response to each recommendation.

 

3.4       Please note that the examiner’s recommendations refer to Policy and Figure numbers as set out in the Neighbourhood Plan as submitted to the Council. In the Referendum Version of the Plan, the numbering has been changed to reflect modifications.

 

4.         The Referendum Area and Procedure

 

4.1       The Council agrees the Examiner’s recommendation that there is no policy or proposal significant enough to have an impact beyond the designated Neighbourhood Plan Area, and that any referendum that takes place in due course be contiguous with the boundary of the designated Neighbourhood Plan Area (as shown below).

 

5.         Conclusion

 

5.1      Brighton & Hove City Council determines that the Hove Station Neighbourhood Plan 2019-2030, as modified in Table 1, meets the basic conditions in Paragraph 8(2) of Schedule 4B to the Town and Country Planning Act and complies with the provisions made by or under Sections 38A and 38B of the Planning and Compulsory Purchase Act 2004 and may now proceed to Referendum.

 

            December 2023

 


Hove Station Neighbourhood Plan Area

 

The Examiner’s Report, the draft Neighbourhood Plan (Referendum version, updated to include modifications), and other relevant documents can be viewed on the Brighton & Hove Council website at Hove Station Neighbourhood Plan (brighton-hove.gov.uk)

 

Hard copy versions of these documents can be viewed at Hove Library and at Jubilee Library, Brighton.


Table 1: Recommendations by the Examiner agreed by Brighton & Hove City Council with consent of the Hove Station Neighbourhood Forum

 

 

PLAN POLICY / PARAGRAPH

 

RECOMMENDED MODIFICATION

 

 

REASONS

 

 

COUNCIL DECISION

 

All text

Where policy revisions are recommended, the explanatory text relating to those policies subject to alteration may also require some modification to reflect the recommended modified policies, in addition to the extensive recommendations to update the supporting text provided in by BHCC at the Regulation 16 stage. These comments (shown for convenience in Appendix 4), made by BHCC are now themselves out of date due to changes in landownership, adopted BHCC planning policy and major planning decisions in the Neighbourhood Area over the intervening two years. 

Such further changes will be a matter for the Forum to draft in conjunction with the City Council as part of its duty to co-operate.

The submission version of the Neighbourhood Plan is already significantly out of date due to land ownership change and significant development proposals which have been permitted in the interim. 

In addition, the adoption of the City Plan Part Two (20 October 2022) and the Hove Station Area SPD, (adopted 16 September 2021) have altered the planning policy background within which the NP would function, if subsequently made. 

Accepted. Amendments have been made to the NP supporting text by the Council following discussion with the Neighbourhood Forum where made necessary by the modifications to policies recommended in the Examiner’s report and/or updates to landownership, adopted Council planning policy and major planning decisions affecting the Neighbourhood Area.

Policy 1

Amend policy wording as follows:

Policy 1: Creation of the Hove Station Quarter

Development proposals in the area comprising shown as DA6 in the City Plan Part One will be supported only if they demonstrate a comprehensive and integrated approach aiming to supporting  the creation of Hove Station Quarter with a strong relationship to the station. [The Hove Station Area  Master Plan / SPD will provides development management site by site guidance based on the framework of City Plan and is supported by relevant Neighbourhood Plan policies.]

The area identified shown in the City Plan as DA6 will be suitable for a mix of uses comprising residential, commercial, small retail and cultural uses including small workshops. A horizontal mix of uses such as ground floor office / commerce with residential above will be encouraged in appropriate locations to increase interest and attraction at ground floor level. Individual proposals should make efficient use of land and be integrated to achieve a well-functioning, high quality, inclusive and vibrant Hove Station Quarter.

To increase interest and attraction at ground floor level, high quality, proposals for ground floor employment uses with residential above will be encouraged. Proposals designed to create an efficient and well-functioning Hove Station Quarter that are inclusive and vibrant will be supported.

Development proposals which need to be sympathetic to and provide sustainable reflect the need for area-wide transport and movement linkages, unifying design features and neighbourhood facilities as indicated in Hove Station Area SPD will also be supported. and in the diagrams below (p.47) and in PART TWO of this document. Significant departures from these principles will need to be justified.

Proposals for appropriate interim uses for land and buildings wWhere site assembly and phased redevelopment is awaited will be encouraged. entails buildings standing empty for some time developers are encouraged to find suitable short term uses for such buildings including housing.

First sentence of policy should be amended to provide a more positive policy approach. 

Second sentence of policy is a statement of fact and should refer to the now adopted Hove Station Area SPD. 

Modifications to second and final paragraphs of policy recommended to provide greater clarity.

Penultimate paragraph of policy should be amended to exclude references to Part Two of the Neighbourhood Plan as this sets out aspirations rather than planning policy and has not been subject to examination.

 

All recommended policy modifications accepted.

Table 4: Land use allocation - Summary of proposals by developers compared to City Plan

Table requires updating in terms of land uses, dwelling mix, number of dwellings and commercial floorspace.

Some information shown in the table is now out of date.

Accepted. Table 4 has been updated..

Figure 7: DA6 Sites

The development areas to the south of the railway covered by Policy 5 require identification.

For clarification and consistency.

Accepted. Figure 7 has been amended to reflect the deletion of Policy 2 and to identify the area where Policy 5 (now Policy 4) applies.

Policy 2

Delete policy

Policy 2: Sackville Coalyard

The former Sackville Coalyard is allocated for mixed-use residential and employment development as part of the wider redevelopment of the DA6 area. See Figure 7, zone P2

The policy is no longer required due to changed circumstances since the NP was drafted.

Planning permission for this site has been granted and development is underway. In addition, the site is now allocated together with the adjacent former Sackville Trading Estate in the adopted City Plan Part 2 (Policy SSA4).

Deletion of policy accepted.

Policy 3

Amend policy wording as follows:

Policy 3: Goldstone Retail Park

In the event that the Goldstone Retail Park site becomes available for redevelopment, proposals for mixed use residential and employment use will be supported. Any re- development of this site needs to respect the proposed linkages across the site and to other parts of the Hove Station Quarter as set out in PART TWO of the Neighbourhood Plan to help create an integrated quarter.  See Figure 7, zone P3.

Part Two of the Neighbourhood Plan has not been subject to examination since it relates to proposed projects and aspirations. Therefore, it would not be appropriate to include references to the proposed linkages for movement across the site as presented in the draft policy.

Recommended policy modifications accepted.

Policy now renumbered as Policy 2.

Policy 4

Amend policy wording as follows:

Policy 4: Conway Street Bus depot

Proposals for redevelopment and/or rationalisation of the current bus depot to provide or incorporate residential and employment uses will be supported as part of a comprehensive redevelopment of the area of DA6 Ssouth of the railway.  Re-dDevelopment proposals for of the site which provide improved access to Hove Station and which would be essentially car free, will be supported. would need to take into consideration the need for an improved linkage to Hove Station and would need to be essentially car free as set out in policy 16. The Hove Station Area SPD will provide the means to ensure that the strategic operational and development needs of the bus company are provided for. See Figure 7, zone P4.

 

‘Conway Street’ should be added to the policy title for clarification.

Second sentence of policy should be reworded for clarification.

Third sentence of policy is explanatory text, so should be deleted and included in the supporting text for the policy.

 

All recommended policy modifications accepted.

Policy now renumbered as Policy 3.

Policy 5

Amend policy wording as follows:

Policy 5: Remaining Land South of the Railway

Comprehensive redevelopment of land south of the Railway will be supported, taking account of guidance provided in the adopted emerging Hove Station Area SPD. Development should be mixed use residential and employment and should have regard to existing and emerging development proposals elsewhere within the Master Plan SPD area. Any further development in this area over and above permissions already granted should severely limit the provision of car parking, with new residential in the area being essentially car free as set out in Policy 16 (p. 78).

Particular attention should be paid to Industrial House and other Council owned land in the area with a focus on the potential for publicly owned assets to increase the quantum of high quality sustainable social housing and community space.

Proposals for enhancing and intensifying the use of land on the Clarendon Ellen estate will be supported.

Minor modifications to the policy wording are required to reflect the current status of the adopted Development Plan covering the neighbourhood area.

All recommended policy modifications accepted.

Policy now renumbered as Policy 4.

Policy 6

Amend policy wording as follows:

Policy 6: Housing Mix and Tenure

Proposals for residential development in the neighbourhood area which comply Throughout the Neighbourhood Plan Area residential development should comply with relevant policies for residential development in City Plan Part 1, including Policies CP14, CP19 and CP20 will be supported. A mix of rented accommodation, both social and private, and accommodation for owner occupation will be sought across the DA6 area. Bearing in mind the large land holdings inWithin  the DA6 area proposals incorporating residential development developers will also be expected to which provide a mix of dwelling sizes that contribute towards meeting city-wide need will be supported.

Minor modifications to policy wording recommended to provide greater clarity.

All recommended policy modifications accepted.

Policy now renumbered as Policy 5.

Policy 7

No modifications recommended to Policy 7: Affordable Housing.

NA

Accepted. Policy now renumbered as Policy 6.

Policy 8

Delete policy

Policy 8: Housing for the Elderly

Developers will be encouraged to include High Quality Housing Schemes for the Elderly in accordance with identified needs as indicated in emerging policy DM4 in draft City Plan Part 2. For all such schemes Building Regulation M4(2) will need to apply.

Deletion of policy recommended to avoid unnecessary duplication with Policy DM4 in City Plan Part 2 which already sets out local planning policy for the provision of housing for the elderly.

Deletion of policy accepted.

Policy 9

Amend policy wording as follows:

Policy 9: Employment

All development proposals within the Hove Station Quarter that are for employment purposes or involve employment provision should accord with the local priorities and requirements set out in Policy DA6 of the City Plan Part 1.

All development proposals for employment purposes should accord with the local priorities and requirements set out in Policy DA6 of the City Plan Part 1.

Proposals for new retail floorspace within the neighbourhood area should generally be restricted to existing shopping centres defined in the City Plan to help reinforce and strengthen these. However, wWithin the DA6 area small-scale retail uses may be appropriate as an ancillary element of large, mixed use residential and office developments where it is considered that facilities would help support these developments and would not adversely impact existing defined shopping centres.

Cultural facilities including arts and crafts studios and workshops will be encouraged, especially in the northern part of the DA6 area.

New development and changes of uses likely to result in an unacceptable level of noise for neighbouring occupiers will be required to implement appropriate mitigation measures in accordance with draft policy DM40 in the emerging City Plan Part 2.

First sentence of policy should be reworded to clarify that the policy covers all development proposals involving employment provision within the ‘Hove Station Quarter’ i.e the area where City Plan Part 1 Policy DA6 applies.

Final sentence of policy should be deleted as it not clear that that increased noise impacts from new employment land uses likely to take place in the neighbourhood area and Hove Station Quarter will give rise to significantly greater adverse environmental harm and nuisance compared to other sources of pollution and planning harm. Policy DM40 in City Plan Part 2 already covers the assessment and mitigation of a wider range of possible sources of pollution and environmental nuisance.

All recommended policy modifications accepted.

Policy now renumbered as Policy 7.

Policy 10

Amend policy wording as follows:

Policy 10:  Design and Public Realm

Designs proposals should make good use of land and create high quality, well landscaped spaces including as appropriate public art. Strong emphasis should also be placed on the design of the street environment to achieve a high-quality public realm, capable of being used in a variety of ways, with a strong emphasis on planting. The design of new schemes should include, or make provision for, significant numbers of trees, including street trees.

1. Development proposals within the DA6 part of the Neighbourhood Plan area should provide opportunities to bring nature into the city by substantially increasing the amount of green space in the area (horizontally and vertically).

2. Developers should seek opportunities to Proposals which create new pedestrian and cycle links as green corridors through the area, connecting including linking up pocket parks and other open space will be supported. Where possible, opportunities should also be provided for local food growing and physical activity.

3. Where practicable, developments will be required to proposals which incorporate onsite green infrastructure, landscaping and tree planting (including street trees) as an integrated part of the overall design will be supported. Planting needs to be planned from the outset of a design to ensure sufficient space is allocated to trees. As an alternative to street tree planting developers may provide equivalent vertical or horizontal greening up solutions*. Developers will be expected to provide a plan for the maintenance of such greening up and tree planting which would be appropriately funded from S106 contributions.

In addition, developer contributions to the Community Infrastructure Levy (CIL) will be used to fund off-site tree planting, including street trees. Within the Hove Station Quarter (DA6 area), the plan sets an objective to plant 1 street tree per residential dwelling or 1 per 100m2 of non-residential floor space.

4. Where larger developments are proposed, designs which demonstrate that priority has been should be given for architectural solutions which to break up the bulk and add visual interest to such developments will be supported. to developments.

5. Larger residential development proposals should include plans for public landscaped areas to provide for play and breakout both north and south of the railway. This provision should take the form of pocket parks associated with  in the Community Hubs at each end of Conway Street as well as in the Sackville Trading Estate area on redevelopment. Potential locations are indicated on p.48, Figure 6 in this document and in the Hove Station Area SPD. These locations will be subject to the recommendations of the Hove Station Master Plan work.

6. All residential proposals will be expected to have regard to the need to provide private amenity space, landscaping and communal areas to enable informal play/social interaction. (In addition, developments of 10 or more residential units will be required to provide/ contribute to all forms of open space and indoor sport provision in line with the criteria and local standards set out in the City Plan and accompanying guidance).

7. Taller development needs to ensure a high level of amenity and visual and environmental interest at street level to help contribute to the vibrancy and overall attractiveness of the Hove Station Quarter.

8. Development should ‘front’ the street, in order to create active frontages, greater natural surveillance and enhanced safety. In the DA6 area, proposals which provide for enhanced permeability the provision of greater permeability through the creation of new routes will be supported.  should allow for this to happen. Buildings which ‘back onto’ the street will not generally be supported.

* One example is a green wall, which is a building facade or other internal or external wall intentionally covered with vegetation for aesthetic or functional purposes.

Minor modifications to policy wording recommended to provide greater clarity and to ensure that the policy is positively worded.

Point 5 to be updated to include reference to the Hove Station Area SPD.

Point 6, second sentence (in brackets) should be deleted as it is no longer up to date following the Council's implementation of the Community Infrastructure Levy (CIL). CIL is now used to fund off-site open space, sport and recreation and applies to all residential development (not just schemes of 10 or more dwellings).

All recommended policy modifications accepted.

Policy now renumbered as Policy 8.

 

Policy 11

Amend policy wording as follows:

Policy 11: Tall Buildings

Building heights in DA6 will be consistent with the Neighbourhood Plan vision of a high-density station quarter of an urban character compliant and should comply with City Plan Policy CP12, the accompanying Urban Design Framework SPD and Hove Station Area SPD. New tall buildings should have regard to and respect existing buildings and planning permissions already granted, taking account in particular of the key views illustrated in Figure 9 and from the Hove Station Conservation Area.

To the north of the railway, taller buildings may be acceptable in locations that allow them to act as Hove Station Quarter landmarks and aid way finding.

Any redevelopment of the Goldstone Retail Park might include a higher building at the north eastern corner as long as there is visual permeability of the site when viewed from Hove Park.

To the south of the railway, development should take advantage of the lower topography by bringing forward taller buildings at occasional points within the area, as long as they are designed in such a way as to collectively minimise overshadowing and enable for good visual permeability north-south.

In the neighbourhood area outside DA6 new developments are expected to reflect the prevailing heights of surrounding buildings.

Minor modifications to policy wording recommended to provide greater clarity.

All recommended policy modifications accepted.

Policy now renumbered as Policy 9.

Policy 12

No modifications recommended to Policy 12: Community Facilities.

NA

Accepted. Policy now renumbered as Policy 10.

Policy 13

Amend policy wording as follows:

Policy 13: Community Hubs

FourSeveral locations within the plan area, around Hove Station, the western end of Conway Street, the northern end of the Sackville Trading Estate and near Stoneham Park, have been identified as suitable for community hubs in which a range of facilities should be located. The pProposed locations are;

a)    Close to Hove Station,

b)   At the western end of Conway Street,

c)    At the northern end of the Sackville Trading Estate, and

d)   Close to Stoneham Park,

as  indicated in Figure 6, p.48 in Part ONE of this plan. It is expected that development will direct appropriate uses to these areas. Appropriate community uses and CIL funding will be directed to these locations to help enhance these hubs.

Additional retail activities associated with the provision of the community hubs  will also be acceptable as long as they are located within nearby defined local shopping centres/defined important local parades will be supported. These areas are also prime candidates for public realm  an improved public realm. Iimprovements.

Modifications to policy wording recommended to provide greater clarity.

Final part of the first paragraph of policy recommended for deletion as the means of delivery and funding of community hubs is considered more appropriate for the City Council to determine as local planning authority, supported by the Forum as appropriate.

All recommended policy modifications accepted.

Policy now renumbered as Policy 11.

Policy 14

No modifications recommended to Policy 14: Conservation.

NA

Accepted. Policy now renumbered as Policy 12.

Policy 15

No modifications recommended to Policy 15: Parking and Movement.

The supporting text to Policy 15 should be amended to include an updated version of the parking standards map shown on p22 of the Council’s Parking Standards Supplementary Planning Document (SPD14) showing the Policy DA6 area (Hove Station Quarter) coloured primrose to indicate its inclusion in the Central Zone parking area.

Addition of updated Parking Zones map required to assist in clarifying the proposed change affecting parking standards to be applied under Policy 15 within the DA6 policy area

Accepted. Updated Parking Zones map inserted in supporting text as Figure 16.

Policy now renumbered as Policy 13.

Policy 16

No modifications recommended to Policy 16: Developer Contributions.

NA

Accepted. Policy now renumbered as Policy 14.