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No: |
BH2024/00904 |
Ward: |
Goldsmid Ward |
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App Type: |
Reserved Matters |
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Address: |
Sussex County Cricket Ground Eaton Road Hove BN3 3AN |
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Proposal: |
Reserved Matters application pursuant to Phases 3 and 4 of outline approval BH2023/02914 (original permission BH2019/02948) for approval of appearance, landscaping, layout and scale relating to provision of two stands of permanent seating to replace informal seating areas, improvements to spectator hospitality facilities and demolition of existing hospitality area and construction of new stand. |
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Officer: |
Emily Stanbridge, tel: 293311 |
Valid Date: |
10.04.2024 |
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Con Area: |
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Expiry Date: |
10.07.2024 |
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Listed Building Grade: |
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EOT: |
14.08.2024 |
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Agent: |
ECE Planning Limited 64-68 Brighton Road Worthing BN11 2EN |
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Applicant: |
Sussex County Cricket Club C/o ECE Planning 64-68 Brighton Road Worthing BN11 2EN |
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1. RECOMMENDATION
1.1. That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to GRANT planning permission subject to the following Conditions and Informatives:
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.
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Plan Type |
Reference |
Version |
Date Received |
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Location Plan |
PL-Z0-01 |
P3 |
10 April 2024 |
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Block Plan |
PL-Z0-02 |
P3 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-02 |
P2 |
10 April 2024 |
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Proposed Drawing |
PL-Z4-02 |
P1 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-015 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-05 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-06 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-07 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-08 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-10 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-12 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-16 |
10 April 2024 |
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Proposed Drawing |
PL-Z3-18 |
10 April 2024 |
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Proposed Drawing |
PL-Z4-05 |
10 April 2024 |
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Proposed Drawing |
PL-Z4-06 |
10 April 2024 |
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Proposed Drawing |
PL-Z4-07 |
10 April 2024 |
2. No development above ground floor slab level of any part of the development hereby permitted shall take place until a drainage strategy detailing the proposed means of foul water disposal has been submitted to and approved in writing by, the Local Planning Authority in consultation with the sewerage undertaker. The development shall be carried out in accordance with the approved scheme and timetable.
Reason: To ensure adequate foul sewage drainage/treatment is available prior to development commencing and to comply with policy DM42 of Brighton & Hove City Plan Part 2.
3. Prior to first use 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 provide ecological and sustainability benefits, to comply with policies DM22 and DM37 of Brighton & Hove City Plan Part 2, and CP8, CP10, CP12 and CP13 of the Brighton & Hove City Plan Part One.
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. SITE LOCATION
2.1. The site is located on the north side of Eaton Road, Hove and comprises the Sussex County Cricket Ground. The main access for pedestrians and vehicles is from Eaton Road whilst a secondary access is located to the northeast of the site, adjacent to the access to Cromwell Court and north of the detached building at No.66 Palmeira Avenue.
2.2. There are a number of buildings within the site including spectator stands and facilities that have been constructed at differing times/periods. There are also a number of 'temporary' buildings that are indicated as approaching their end of life. These are predominantly tented' pavilion type structures .
2.3. The site is surrounded on all sides by predominantly residential development including detached dwellings, a number of which have been converted to flats and purpose-built flatted blocks ranging in storey heights.
2.4. Whilst the site itself is not located within a conservation area it is bound by the Willet Estate Conservation Area to the west. Further properties on the southern side of Eaton Road and the northern side of Cromwell Road fall within this designated heritage area. The nearest heritage assets to the site are a listed building to the west on Wilbury Road (No.44) and a locally listed building to the southeast at the junction of Eaton Road and Palmeira Avenue, comprising Brighton and Hove Reform Synagogue.
3. RELEVANT HISTORY
3.1. BH2023/02914: Application to remove condition 61 (Travel Plan) of planning permission BH2020/03745. Approved January 2024.
3.2. BH2022/00486: Erection of 4no. temporary seated spectator stands. Approved April 2022.
3.3. BH2021/04379: Application to vary condition 43 (details of privacy screens to the balconies serving flats 2, 9, 10, 16, 22 and 27) of planning permission BH2020/03745. Approved February 2022.
3.4. BH2020/03745: Application for variation of condition 29 of application BH2019/02948 (see original description) to amend the wording of condition 29 to the following 'No customer in the public house shall remain on the premises outside the hours of 09:00 - 00:30 on Mondays to Sundays, including Bank or Public Holidays'. Approved March 2021.
3.5. BH2019/02948: Hybrid Planning Application comprising: (Phase 1) Full Planning application for the demolition of existing public house, single dwellinghouse & single storey commercial building and the construction of a 9-storey (over basement) mixed use building comprising re-provision of public house/restaurant (A3/A4), 37no. residential apartments (C3) and approximately 1,200sqm flexible commercial space (B1/ D1) together with ground & basement parking; (Phase 2) Full Planning application for demolition of Club offices and partial demolition of southwest stand and the construction of new build extension and adaptation of southwest stand to include club shop, reception area; bar and café, hospitality area together with enhancements to the public realm; (Phase 3) Outline Planning application for provision of two stands of permanent seating to replace informal seating areas, together with improvements to spectator hospitality facilities including works to existing single storey buildings; (Phase 4) Outline Planning application for demolition of existing hospitality area and construction of new stand to replace displaced seating. Approved February 2020.
4. APPLICATION DESCRIPTION
4.1. A hybrid planning application (BH2019/02948) was granted on the site in 2020. This application granted full planning permission for phases 1 and 2 of the redevelopment of this site and outline permission for phases 3 and 4 of the redevelopment of this site.
Phase 1 (Full)
4.2. Mixed use new build 8/9 storey block to provide 37no residential units with public house on the ground floor and underground car parking fronting Eaton Road. This included the provision of an enhanced pedestrian area and improved access to the ground from the south-west entrance.
Phase 2 (Full)
4.3. Redevelopment of the south-west stand to include hospitality facilities, a new reception area and further corporate facilities.
Phase 3 (Outline)
4.4. Redevelopment of the north end stands including upgrades to spectator facilities
Phase 4 (Outline)
4.5. New seating upgrades to the southeast corner of the site.
4.6. In terms of phases 3 and 4 only access was agreed at the outline stage.
4.7. Subsequent applications for amendment/removal of conditions (s73 applications) have been approved, the latest of which was approved to remove the requirement for a travel plan in relation to phase 1 of the development (BH2023/02914).
4.8. This current application is for the reserved matters in relation to phases 3 and 4, relating to the most recent outline permission for the site (ref. BH2023/02914).
4.9. Phase 3 relates to the northern end of the cricket ground and seeks the retention of the existing buildings, albeit with a change of use from storage to refreshment and toilet facilities. These would however remain associated with the function of the cricket ground. Two new stands of seating are also proposed to replace the existing informal seating areas whilst retaining some areas for informal seating on the grass banks. The proposals also include improved areas of public realm.
4.10. Phase 4 will remove existing hospitality facilities within the southeastern corner of the site and replace them with a newly designed stand. This new stand replaces the existing seating lost in the southwest stand due to the hospitality adaptions under approved phase 2 of application BH2019/02948.
4.11. This application seeks approval for the following remaining outstanding reserved matters:
· Appearance
· Landscaping
· Layout and
· Scale.
5. REPRESENTATIONS
5.1. Six (6) letters of representation have been received objecting to the development on the following grounds:
· Noise
· Overdevelopment
· Additional traffic
· Height of the proposed stands
· The need for the redevelopment
· Increased stands are unnecessary
· Health and safety impacts
· Impact on neighbouring amenity
5.2. One (1) letter of representation has been received supporting the proposed development on the following grounds:
· Welcome the development of the ground's facilities
6. CONSULTATIONS
Internal:
6.1. Heritage No objection (verbal comment)
The properties most likely to have views over the proposals are situated outside of the conservation area. Therefore, views of the development from within the conservation area are limited.
6.2. Lead Local Flooding Authority: Further information required.
A formal flood risk assessment has already been submitted for this development and therefore no further information is required in relation to this. Whilst preliminary drainage plans have been provided, testing to confirm infiltration rates is required. In addition, drainage plans to show the locations and the specification of drainage elements is also required.
6.3. Further details on the location and conditions of existing sewer connections should be confirmed via a CCTV survey. Confirmation should be sought from Southern Water that no objection is had to this approach.
6.4. Policy No comment
6.5. Sustainability No comment
6.6. Sustainable transport No objection
The permitted vehicle access was approved with the Hybrid approval (BH2019/02948). The conditions attached to this earlier permission with relevance to highways have already been discharged. Relevant conditions that are current to phases 3 and 4 are already secured under application BH2023/02914,
6.7. Urban Design No objection subject to conditions
It is anticipated that the applicant will provide full details of materiality when seeking to discharge conditions already secured. Information is requested to minimise embodied carbon. A landscaping condition should be sought to make clear the design principles and make clear how sustainable drainage will be achieved. Accessibility across landscaped areas should also be considered.
External:
6.8. County Archaeology No objection
6.9. East Sussex Fire and Safety No comment
6.10. Health and Safety Executive No objection
6.11. Southern Water No objection
6.12. Sport England No objection The redevelopment of the ground is important for the long-term sustainability of the ground.
6.13. Sussex Police No objection
7. MATERIAL CONSIDERATIONS
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
7.2. 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 2
DM18 High quality design and places
DM19 Maximising development potential
DM20 Protection of Amenity
DM21 Extensions and alterations
DM22 Landscape Design and trees
DM26 Conservation areas
DM27 Listed buildings
DM28 Locally listed Heritage Assets
DM31 Archaeological interest
DM33 Safe, Sustainable and Active Travel
DM37 Green infrastructure and nature conservation
DM40 Protection of the Environment and Health - Pollution and Nuisance
DM43 Sustainable drainage
DM44 Energy efficiency and renewables
Brighton & Hove City Plan Part One
SS1 Presumption in Favour of Sustainable Development
CP1 Housing delivery
CP2 Sustainable Economic development
CP5 Culture and tourism
CP8 Sustainable buildings
CP9 Sustainable transport
CP10 Biodiversity
CP11 Flood risk
CP12 Urban design
CP13 Public streets and spaces
CP15 Heritage
CP16 Open Space
CP17 Sports provision
CP18 Healthy City
Supplementary Planning Documents:
SPD03 Construction and demolition waste
SPD06 Trees and development sites
SPD12 Design Guide for Extensions and Alterations
SPD14 Parking Standards
SPD17 Urban Design Framework
9. CONSIDERATIONS & ASSESSMENT
9.1. Planning permission is sought for reserved matters of the approved outline scheme reference BH2023/02914 (original ref. BH2019/02948). Matters seeking approval are:
· Appearance
· Landscaping
· Layout
· Scale
9.2. The access to the development has previously been granted permission under the original outline application BH2019/02948, amended by BH2023/02914. The main considerations in the determination of this application relate to the reserved matters listed above in relation to the proposed development of phases 3 and 4.
Principle of Development
9.3. The principle of development has already been established through approval of the Outline application BH2019/02948 and therefore does not form part of the consideration of this current application. The current proposals form part of the wider redevelopment of the cricket ground site.
9.4. Under phase 3 the proposals modernise the northern end of the ground with two stands of permanent seating either side of the bowling sight screens with storage beneath. Also proposed within the single storey buildings along the rear boundary are new bar/refreshment facilities and increased W/C provision to serve the new stands.
9.5. Under phase 4 the scheme provides a new south-east stand to replace the seating lost in the south-west stand due to the hospitality adaptions approved under phase 2 of application BH2019/02948. Bar/refreshment facilities and w/c's are proposed beneath the stand to serve this new seating area.
9.6. The proposal will not significantly increase the capacity of the cricket ground. The total match safety certificate number of patrons will remain at 7,000 people. However, the proposal will include an uplift in match day seating capacity from 6,000 to 6,800.
9.7. Temporary stands were granted in April 2022 (BH2022/00486) to the northern end of the site. This temporary seating was approved as an interim measure whilst further design work was progressed in respect of phases 3 and 4 of the current application. This temporary permission expires in April 2025.
Scale
9.8. In considering whether to grant planning permission for development which affects a listed building or its setting, the Council has a statutory duty to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Moreover, 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.
9.9. Case law has held that the desirability of preserving a listed building or its setting or any features of special architectural or historic interest it possesses, and the desirability of preserving or enhancing the character or appearance of a conservation area should be given "considerable importance and weight".
9.10. Whilst scale was not formally considered as part of the outline application, condition 73 was attached to application BH2019/02948 as amended by BH2023/02914 to secure the overall height of the proposed new seating stands. The wording of this condition states:
“The stands in Phase 3 and 4 of the development shall not exceed the following heights in each of the following positions within the site:
a) The terrace in Phase 3 shall not exceed 5.5 metres in height
b) The terrace in Phase 4 shall not exceed 6 metres in height
Reason: To ensure the development integrates effectively with its surroundings and to comply with policy CP12 of the Brighton and Hove City Plan Part One and DM20 of the Brighton and Hove City Plan Part 2.”
9.11. During the consideration of the outline approval, the officer report stated:
'Whilst scale and siting is reserved for later approval, if the reserved matters scheme adhere to this siting and height, it is not considered that phases 3 or 4 of the proposal would have a detrimental impact on amenity subject to conditions securing the heights and positioning of the stands.'
9.12. The stands as submitted under the current application comply with the requirements of the above conditions. The two new stands in phase 3 measure 5m in height and the new stand in phase 4 measures 5.5m in height. All stands are therefore in accordance with the above condition and the information considered acceptable in approving the outline application.
9.13. The nearest residential unit to the phase 3 development is located to the rear of 89 Cromwell Road. The two new stands would be positioned approximately 35m from the northern boundary of the site and this nearest neighbouring occupier. Beyond that, the stands retain a distance of approximately 62m to the next nearest neighbouring property (89 Cromwell Road). This is considered a sufficient distance for the proposed stands not to have an increased impact on neighbouring amenity over that of the existing cricket ground use, particularly noting the principle of the development has been approved in outline.
9.14. The infill extension proposed under phase 3, along the northern boundary between units 6 and 7 would not exceed the height of the existing buildings and as such its scale is appropriate. An additional unit (9) is proposed within the northern end of the grounds. This unit would be set 12m away from the northern boundary and be single storey in height, comparable to the existing neighbouring units. Its footprint, whilst larger than the existing shed it is to replace, is still comparable with neighbouring units and retains appropriate spacing on all sides.
9.15. The proposed stand under phase 4 is located approximately 14m away from Ashdown to the south-west of the site. The stand is also situated approximately 20m from the shared boundary with No. 47 Palmeira Avenue. This is considered a sufficient distance for the proposed stand not to have an increased impact on neighbouring amenity.
9.16. The scale of development is in accordance with the outline approval and would not cause significant harm to the amenities of neighbouring properties owing to the separation distances between the development and neighbouring properties. The proposals are therefore in accordance with policy DM18 and DM20 of the Brighton and Hove City Plan Part Two and CP12 of the Brighton and Hove City Plan Part One.
Appearance
9.17. The stands proposed in both phases 3 and 4 are similar in appearance to existing stands located at the cricket ground. The design of the stands has a functional appearance, utilising materials that are appropriate to the site.
9.18. The predominant materials used for the stands in both phases 3 and 4 are facing brickwork, comprising a white brick to the side and rear elevations of the stands to match the approved buildings in phase 1 and 2. The metal doors that feature within the stands on the side and rear elevations will also match those in phases 1 and 2. This ensures a consistent approach across all the recent buildings within the site.
9.19. The design of the stands is considered appropriate and would not appear out of context with the wider site.
9.20. Phase 3 seeks small scale alterations to the existing single storey buildings to the northern end of the site. The works to the existing single storey buildings are minor in nature and seek to infill the small gap between units 6 and 7. The external finish of this will match the existing buildings.
9.21. A new unit (9) is proposed in place of an existing shed which is to be demolished. Its external appearance will match that of the existing units along the northern boundary. This is considered to be suitable in terms of visual impact.
9.22. The materials used to the single storey buildings to the north of the site match the existing colour palette, predominantly comprising a yellow/buff brick and dark blue brickwork to provide low level banding at ground level. All pedestrian doors are to be replaced with blue aluminium doors, similar to those existing and the existing metal shutters shall also be replaced. The use of materials results in a coherent appearance across the single storey buildings retained and extended to the northern most part of the site.
9.23. Condition 21 of application BH2023/02914 requires the submission of material samples in relation to phases 3 and 4 prior to any development above ground floor slab.
9.24. Views of the proposed development would be had from neighbouring properties however, wider views from within the adjacent conservation area would be limited. Those properties to the north and east which have the most prominent views of the development are not within the Willett Estate Conservation Area.
9.25. In views from neighbouring properties, including any listed buildings, it is considered that the proposals would be viewed as part of a wider site and appropriate within the context of the broader cricket ground. Due to the low-key nature of the proposals, it is not considered that the proposals would have a harmful heritage impact.
9.26. The proposed development is considered to result in an acceptable appearance, appropriate to the cricket ground setting in accordance with DM18, DM21 and DM26 of the Brighton and Hove City Plan Part 2.
Layout
9.27. The proposals have been based broadly on the proposed block plan submitted at outline stage. Phase 3 would be situated to the northern end of the site with the conversion of existing storage spaces and minor extension works to provide improved refreshment and toilet facilities following the general footprint of development along the northern boundary. This was considered acceptable at outline stage.
9.28. The position of each of the two new stands is within the stand zone identified on the phase 3 parameter plan submitted as part of the outline application. The stands retain sufficient circulation space on match days and are situated at a sufficient distance from neighbouring properties. The two stands retain sufficient spacing between to allow for views from the concourse to the cricket field. The location of the stands also allows for an area of informal seating to be retained to the northwestern corner of the field.
9.29. Phase 4 will remove the existing hospitality facilities within the southeastern corner of the site and replace them with a newly designed stand. The new stand sits on a footprint much smaller than the existing hospitality suites providing space for improved matchday circulation. The separation distances retained to neighbours is considered appropriate.
9.30. The proposal is therefore considered to be in accordance with policies DM18 and DM20 of the Brighton and Hove City Plan Part One and CP12 of the Brighton and Hove City Plan Part One.
Landscaping
9.31. The landscaping proposals build on and enhance the existing landscaping within the cricket ground, taking cues from a 'village green', with visual prompts which reflect cricket themes such as manicured lawns, hanging baskets, moveable raised planters and white picket fences. These areas of softer landscaping soften the perimeters whilst being easy to maintain and offer a degree of flexibility with the number of visitors on match days.
9.32. It is appreciated that the concourse to the northern end of the site, under phase 3, and the area to the rear of the proposed stand under phase 4 comprising a new courtyard, have limited options in providing areas of soft landscaping to avoid pinch points on match days and to cater for the number of visitors. These areas of public realm will form a food and refreshment space on match days and the hardstanding under phase 3 will continue to be used for parking on non-match days.
9.33. The paving proposed for these areas will be laid in three colours (silver grey, mid grey and graphite) arranged in linear bands graduating in tone as the visitor moves through the site. The block paving throughout will ensure an appropriate surface at an appropriate gradient for all users of the site.
9.34. Moveable planters will help to soften edges and define pedestrian routes whilst offering flexibility to add greening to complement the various functions and events. Hanging baskets are also proposed on and around buildings to help integrate the development proposals within the wider grounds.
9.35. Areas of low-level planting are proposed within both phases to include a mix of evergreen and deciduous shrubs and seasonal herbaceous perennial plants. A condition is sought to secure full details of the planting.
9.36. A condition relating to the protection of any existing trees is already secured under the outline permission.
9.37. Terraced lawns will be retained to the west of phase 3, providing space for spectators to enjoy informal seating areas. This area will comprise artificial turf and deck chairs for spectators. This space will be defined by a white low level timber fence.
9.38. Some of the existing temporary elements of the public realm looked tired and the revisions allow for a more permanent and vibrant public realm with a sense of place.
9.39. The proposed landscaping is therefore considered to be in accordance with policies DM18 and DM22 of the Brighton and Hove City Plan Part Two.
Key planning conditions
9.40. The amended outline application (BH2023/02914) has numerous conditions already secured in respect of phases 3 and 4 which will remain subject to approval from the Local Planning Authority. These conditions include addition information on the following:
· Existing and proposed ground levels
· Details of any external lighting
· Samples of materials
· Details of plant and machinery against transmission of sound and vibration
· Tree protection measures
· Site Waste management plan
· Land contamination reports
· Drainage
· Noise and site management plan
· Cycle parking
· Delivery and service management plan
Conclusion
9.41. The principle of development has already been established through approval of the Outline application BH2019/02948. The scale and layout of the development proposed is largely similar to that shown on the drawings under the approved Hybrid application. The overall height of the stands is in compliance with condition 73 of approved application BH2019/02948 as amended by BH2023/02914. The development is not envisaged to have any significant harm to the amenities of neighbouring occupiers. The proposals would provide enhanced spectator and hospitality facilities which are welcomed. The proposed development is considered to be in compliance with policies DM18 and DM20 of the Brighton and Hove City Plan Part One and CP17 of the Brighton and Hove City Plan Part One.
10. EQUALITIES
10.1. Section 149(1) of the Equality Act 2010 provides:
1) A public authority must, in the exercise of its functions, have due regard to the need to—
(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
10.2. Officers considered the information provided by the applicant, together with the responses from consultees (and any representations made by third parties) and determined that the proposal would not give rise to unacceptable material impact on individuals or identifiable groups with protected characteristics.
10.3. The development offers improved disability access. The current grass banks to the north will be replaced with two permanent stands with block paving providing access to these stands. This provides disabled spectators with a wider choice of options to view events. The phase 4 stand is located adjacent to an existing ramp that provides step free access from the access road to the proposed stand. The proposals also include new disabled W/C facilities.