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App No: |
BH2024/02268 |
Ward: |
Regency Ward |
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App Type: |
Full Planning |
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Address: |
132 Kings Road Brighton BN1 2HH
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Proposal: |
Alterations and refurbishment to building to include a roof extension, stone balustrade to front elevation and revised fenestration to both front and rear elevations.
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Officer: |
Sonia Gillam, tel: 292265 |
Valid Date: |
18.10.2024 |
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Con Area: |
Regency Square |
Expiry Date: |
12.12.2024 |
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Listed Building Grade: N/A |
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EOT: |
12.02.2025 |
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Agent: |
Michael Wilson Restorations Kent House 81 High Street Cranleigh Surrey GU6 8AU |
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Applicant: |
Rapido Services Weytots Wey Lane Addlestone Surrey KT15 3JR |
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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 |
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16 September 2024 |
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Block Plan |
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16 September 2024 |
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Proposed Drawing |
112/150/07 |
13 January 2025 |
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Proposed Drawing |
112/150/08 |
16 September 2024 |
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Proposed Drawing |
112/150/09 |
16 September 2024 |
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. Access to the third-floor roof terrace of the development 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.
4. No cables, wires, aerials, pipework (except rainwater downpipes as shown on the approved plans), meter boxes or flues shall be fixed to any elevation facing a highway.
Reason: To safeguard the appearance of the building and the visual amenities of the locality and to comply with policies DM18, DM21, DM26, DM29, CP12 and CP15 of the Brighton & Hove City Plan.
5. All new finishes and works of making good to the retained fabric of the building shall match the existing original work adjacent in respect of methods, detailed execution and finished appearance, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure a satisfactory appearance to the development and to comply with DM26, DM29 and CP15 of the Brighton & Hove City Plan.
6. No refurbishment of the existing windows shall take place until full details of all new sliding sash windows and their reveals and cills including 1:20 scale elevational drawings and sections and 1:1 scale joinery sections have been submitted to and approved in writing by the Local Planning Authority. The replacement windows shall be painted timber double hung vertical sliding sashes with hidden trickle vents. The works shall be carried out and completed fully in accordance with the approved details and shall be retained as such thereafter.
Reason: To ensure a satisfactory appearance to the development and to comply with policies DM26, DM29 and CP15 of the Brighton & Hove City Plan.
7. The works to the balustrade hereby permitted shall not be commenced until elevation and section drawings at a 1:20 scale, and 1:5 scale, plus detailed specifications of the construction, materials and finish of the balustrade have been submitted to and approved in writing by the Local Planning Authority. The balustrade shall match the original balustrade in terms of materials, design, parapet level, shape and cornicing, as far as is evident from historic photographs. The works shall be implemented in strict accordance with the agreed details and maintained as such thereafter.
Reason: To ensure a satisfactory appearance to the development and to comply with DM26, DM29 and CP15 of the Brighton & Hove City Plan.
8. Notwithstanding any details shown on the approved plans, no development to the building 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 of all cladding to be used, including details of their treatment to protect against weathering
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 DM26, DM29 and CP15 of the Brighton & Hove City Plan.
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. Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because one or more of the statutory exemptions or transitional arrangements are considered to apply. These can be found in the legislation.
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that, unless an exception or a transitional arrangement applies, the planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Brighton & Hove City Council.
2. SITE LOCATION
2.2. The building itself is not listed, however it is sited within the Regency Square Conservation Area and is flanked by a Grade II* listed building to the east (131 Kings Road) and a locally listed building to the west (Astra House, 133-134 Kings Road).
2.3. The application site has been significantly and harmfully altered by the addition of a first-floor enclosed glazed veranda projection, a modern shop front and the replacement of windows in uPVC, as well as the loss of the original pitched roof. The building's architectural interest has been significantly compromised however it retains historic interest as a reminder of the early history of this area.
3. RELEVANT HISTORY
3.1. BH2023/03417 Erection of an additional storey to create 1no two-bedroom flat (C3) with front roof terrace and stone balustrade. Installation of a new lift and stairwell. Revised fenestration to front and rear elevation. Refused by Planning Committee 12.06.2024 for the following reasons:
1. The scheme would result in an unacceptable loss of light to neighbouring residents, contrary to Policy DM20 of City Plan Part 2.
2. The appearance of the development, primarily the glass frontage, would result in harm to the conservation area and the setting of the adjacent listed and locally listed buildings, contrary to Policy CP15 of CPP1 and Policies DM26, DM27 and DM28 of City Plan Part 2.
Appeal lodged December 2024.
3.2. PRE2023/00067 Pre-application Advice - Proposed Penthouse Roof Addition and Lift Shaft. Advice given.
3.3. BH2021/00852 Erection of a four-storey extension onto existing building to form 2no additional self-contained flats, and associated extensions to existing floors. Revised fenestration and associated works. Refused 21.09.2021.
3.4. BH2019/01553 Replacement of existing metal windows to first floor front bay with new aluminium windows. Approved 119.09.2019.
4. APPLICATION DESCRIPTION
4.1. The application seeks permission for alterations and refurbishment to the building including a roof extension and re-working of the existing roof, stone balustrade to the front elevation and revised fenestration to both the front and rear elevations. Improved access to the roof terrace for maintenance purposes would also be provided from the hallway below, along with a new rooflight.
4.2. The application follows a recently refused application (BH2023/03417) for alterations and refurbishment to the building, plus an additional storey to create a two-bedroom flat. This application differs from the refused scheme as the proposed additional storey and additional unit, plus the rear lift shaft extension, have all been deleted from the scheme.
4.3. Amended plans have been submitted during the life of the application showing the retention of the existing three-bedroom flat at third floor level, rather than the previously proposed subdivision of the unit.
5. REPRESENTATIONS
5.1. Nine (9) representations have been received objecting to the proposed development for the following reasons:
· Visual impact/ poor design,
· Excessive height,
· Overdevelopment,
· Impact on heritage assets,
· Neighbour amenity impacts,
· Impact of additional traffic,
· Increased noise from the new property,
· Conflicts with the commercial use,
· Would result in structural issues,
· Lack of infrastructure provision,
· Lack of consultation
5.2. Councillor Alison Thomson has made a representation objecting to the application. A copy of the letter is appended to the report.
5.3. Representations which include objections relating to structural integrity and inconvenience and disturbance to existing neighbours and businesses from the build are noted, however are not material planning considerations.
5.4. Full details of the representation received can be found online on the planning register.
6. CONSULTATIONS
Internal:
6.1. Heritage: No objection – Overall there would be a net enhancement from the proposals. Subject to conditions the proposed works would not harm the historic character of the buildings and would enhance the character of the Regency Square Conservation Area.
6.2. Urban Designer: No objection Verbal Comments from previous application BH2023/03417: No concern regarding scale and massing subject to detail/ materials by condition.
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); revised October 2024)
· East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan (adopted February 2017);
· Hove Station Neighbourhood Plan (adopted February 2024)
· Rottingdean Neighbourhood Plan (adopted February 2024)
· Shoreham Harbour JAAP (adopted October 2019).
8. RELEVANT POLICIES & GUIDANCE
The National Planning Policy Framework (NPPF)
Brighton & Hove City Plan Part One:
SS1 Presumption in Favour of Sustainable Development
SA2 Central Brighton
CP1 Housing delivery
CP8 Sustainable buildings
CP9 Sustainable transport
CP10 Biodiversity
CP12 Urban design
CP15 Heritage
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
DM26 Conservation Areas
DM27 Listed Buildings
DM28 Locally Listed Heritage Assets
DM29 The Setting of Heritage Assets
DM37 Green Infrastructure and Nature Conservation
DM40 Protection of the Environment and Health - Pollution and Nuisance
DM43 Sustainable Drainage
DM44 Energy Efficiency and Renewables
Supplementary Planning Documents:
SPD03 Construction & Demolition Waste
SPD11 Nature Conservation & Development
SPD12 Extensions and Alterations
SPD16 Sustainable Drainage
SPD17 Urban Design Framework
9. CONSIDERATIONS & ASSESSMENT
9.1. The main considerations in the determination of this application relate to the impact on the character and appearance of the building, streetscene and heritage assets, and the impact on neighbouring amenity.
Design, Appearance and Heritage Impacts:
9.2. The property is not listed, however lies within the Regency Square conservation area and adjoins the grade II* listed 131 Kings Road to the east, and the locally listed Astra House (133-134 Kings Road) to the west.
9.3. 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.
9.4. 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".
9.5. The application states that the rear elevation has suffered from fire damage and a general lack of maintenance and is poorly constructed. A new flat roof is proposed which includes an extension of the roof to the rear consisting of raised brickwork and a parapet wall in matching materials in place of the non-original mansard roof and dormers. The complete refurbishment of the roof and fenestration is welcomed overall. The minimal 0,2m increase in the overall height of the replacement flat roof would be set behind the existing parapet and would not be visible from the public domain.
9.6. The proposed front balustrade is modelled on historic photographs of the building and would reinstate some of the architectural character of the building.
9.7. The proposal also includes the proposed installation of timber sash windows to replace the existing second and third floor uPVC windows to the front elevation, which, along with various other incremental alterations and the 1960’s extension, have served to diminish heritage values. The reinstatement of sash windows to the front facade, in place of the unsympathetic uPVC windows, is a significant benefit to the character and appearance of the building and the conservation area.
9.8. The Heritage Team consider that the proposals overall would result in an enhancement to the building and the wider conservation area.
9.9. The application is therefore acceptable in design and heritage terms, subject to conditions relating to submission of samples/ details of all new materials, large-scale details of the balustrade and windows and any making good works.
9.10. The proposed works would enhance the character and appearance of the building and the Regency Square conservation area and would not harm the historic character or appearance of the adjacent grade II* listed building, in accordance with policies CP15, DM26 and DM27 of the Brighton & Hove City Plan.
Impact on Amenity:
9.11. Policy DM20 of City Plan Part 2 states that planning permission for any development or change of use will not be granted where it would cause unacceptable loss of amenity to the proposed, existing and/or adjacent users, residents, occupiers or where it is liable to be detrimental to human health.
9.12. To the east of the site, the listed no. 131 Kings Road has a restaurant at ground floor level and flats above, and it wraps around the corner into Regency Square and forms The Beach Hotel. The western elevation of no. 131 contains three small windows facing west adjacent to the development which serve communal areas and stairwells. The windows would not be blocked or affected by the increased height of the proposed development.
9.13. The proposed replacement flat roof would result in an increased overall height to the building of 0.2m at the highest point in comparison to the existing flat roof. There would be some additional bulk to the rear as the existing mansard style roofslope would be squared off with the proposed upwards extension of the rear facade of the building and new parapet. To the west, Astra House has a blank side elevation within the main building, and a rear wing housing residential units with east-facing windows. Daylight and outlook to these windows is mainly sourced from the east, which would not change.
9.14. Regarding sunlight, the taller building of no. 131 Kings Road to the east already impacts on light to Astra Court creating a very oblique angle for sunlight to infiltrate the gap to the eastern facing windows. Additionally, a shadow is cast on its eastern elevation of Astra Court from midday onwards, once the sun has move around towards the west.
9.15. Given the existing situation, and the relatively minor nature of the works proposed, there would be a very minimal impact on sunlight to the eastern facing windows in neighbouring properties which would not warrant refusal of the application. Overall, there is not considered to be a harmful impact on daylight/ sunlight.
9.16. The altered windows and openings would provide similar views to the existing windows to the rear and the proposal would not result in any additional overlooking to neighbouring properties. The site faces the seafront and promenade and as a result there are no residential properties affected to the south of the site.
9.17. It is noted that improved access to the roof terrace is proposed, however it is stated that the access and roof terrace would be used solely for maintenance purposes only. This should be secured as such by condition, so that the terrace cannot be used as an amenity area without permission following an assessment of any residential amenity impacts regarding loss of privacy and noise.
Standard of accommodation:
9.18. It is noted that the existing third floor flat at the site is in poor condition and suffers from low ceiling heights, along with the continuous leaks from the roof and dormer windows. The works would raise the ceiling heights throughout from 2.1m to 2.3m and as such the flat would now meet the Nationally Described Space Standards (NDSS) in respect of headroom. The improvement to the standard of accommodation is a clear benefit of the scheme.
9.19. Overall, the proposed scheme is considered to comply with Policy DM20 of City Plan.
Biodiversity Net Gain:
9.20. This scheme was considered exempt from the need to secure mandatory biodiversity net gain under Schedule 7A of the TCPA because it does not impact a priority habitat or habitat of more than 25sqm or 5m of linear habitat.
9.21. Other Issues:
Objections have been received regarding the structural integrity of the historic building and impact from the build on the ground floor businesses. These issues are noted, however are not material planning considerations.
9.22. Notwithstanding this, the scheme consists of relatively minor works including a replacement roof, new front balustrade, and a squared off rear parapet wall including windows in lieu of the existing dormers. The applicant has stated that there would be no appreciable difference in structural loading to any of these components in comparison to the existing situation.
9.23. Furthermore, it is stated that the works to the front would be undertaken from scaffolding sited on the second-floor balcony, and from a cantilevered protective deck at high-level to the rear. Given this, there should not be a significant impact on the commercial uses below.
Conclusion:
9.24. The proposed works would not cause harm to the building's historic interest, nor would they harm the fabric or setting of the neighbouring grade II* listed building or the special interest of the locally listed Astra House. The proposed balustrade and sash windows would reinstate much welcomed architectural character to the building and would be of significant benefit to the character and appearance of the property and surrounding conservation area.
Furthermore, the refurbishment and improvement in the standard of accommodation of the existing third floor flat is a clear benefit of scheme whilst there would be no significant impacts on neighbouring amenity. The application is therefore recommended for approval.
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 material impacts on individuals or identifiable groups with protected characteristics.