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. |
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 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
Proposals
for appropriate interim uses for land and buildings w |
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
|
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. |
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
|
‘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:
Comprehensive redevelopment of
land south of the Railway will be supported, taking account of
guidance provided in the adopted 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 |
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 |
|
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.
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. Cultural facilities including arts and crafts studios and workshops will be encouraged, especially in the northern part of the DA6 area.
|
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
Design 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.
3. Where practicable,
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
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
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. 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 * 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 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 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
Four 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
Additional retail activities
associated with the provision of the
community hubs |
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. |
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. |