Initial template

No:	BH2024/00942	Ward:	Central Hove Ward
App Type:	Listed Building Consent
Address:	Exton House 4 Second Avenue Hove BN3 2LG
Proposal:	Internal alterations to the layout of the 11no. existing self-contained flats.
Officer:	Jane Moseley, tel: 292192	Valid Date:		16.04.2024
Con Area:	The Avenues	Expiry Date:		11.06.2024
Listed Building Grade: II		Expiry Date:		11.06.2024
Listed Building Grade: II		EOT:		12.08.2024
Agent:	Mohsin Cooper 7 Hove Manor Parade Hove Street Hove BN3 2DF
Applicant:	Home Exton Ltd 99 Preston Drove Brighton BN1 6LD

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 listed building consent subject to the following Conditions and Informatives:

Conditions:

1. The development hereby permitted shall be carried out in accordance with the approved drawings listed below.

Reason: For the avoidance of doubt and in the interests of proper planning.

Plan Type	Reference	Version	Date Received
Proposed Drawing	0551-P-001	E	10 January 2025
Proposed Drawing	0551-P-002	F	10 January 2025
Proposed Drawing	0551-P-003	I	10 January 2025
Proposed Drawing	0551-P-004	H	10 January 2025
Proposed Drawing	0551-P-005	E	10 January 2025
Proposed Drawing	0551-P-006		16 April 2024
Proposed Drawing	0551-P-007		16 April 2024
Location Plan	0551-S-010		16 April 2024

2. The works hereby permitted shall be commenced before the expiration of three years from the date of this consent.

Reason: To comply with Sections 18 (as amended) and 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

3. All internal finishes and works of making good of the works hereby permitted shall match in material, colour, style, bonding and texture those of the existing building.

Reason: To ensure the satisfactory preservation of this listed building and to comply with policies DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

4. The new walls and openings shall be scribed around all existing features including any skirting boards, dado rails, picture rails and cornices, and the existing features shall not be cut into or damaged. Any new skirting boards, picture rails, dado rails and cornices shall be run around the new walls and the blocked-up doors to match exactly the originals in each respective part of the building.

Reason: To ensure the satisfactory preservation of this listed building and to comply with policies DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

5. The works hereby permitted shall not be commenced until a schedule of all features to be removed, moved, replaced or reinstated has been submitted to and approved in writing by the Local Planning Authority. All replacement and reinstatement features must match exactly the original in materials and detail. Photographs recording the features to be reinstated or replicated must be submitted along with drawings, including room plans on which the location of each feature of significance is located.

Reason: As insufficient information has been submitted, to ensure the satisfactory preservation of this listed building and to comply with policies DM27 of Brighton & Hove City Plan Part 2 and CP15 of the Brighton & Hove City Plan Part One.

6. The works hereby permitted shall not take place until full details of the proposed works including 1:20 scale drawings and 1:1 scale joinery profiles of the changes proposed for the landings on the first and second floors and the half level at the ground floor have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in strict accordance with the agreed details and maintained as such thereafter.

Reason: To ensure the satisfactory preservation of this listed building and to comply with policies DM27 of Brighton & Hove City Plan Part 2, and CP15 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. This application relates to 4 Second Avenue, known as Exton House, a Grade II Listed Building located on the western side of Second Avenue in Hove, within the Avenues Conservation Area The property is split into eleven flats.

2.2. The Heritage Officer notes the following as their Statement of Significance:

"Exton House is a grade II listed building in the Avenues Conservation Area. It is a mid-Victorian house dating from the 1870s. It is Italianate in style with arts and crafts features. It is in three storeys plus a lower ground floor and with a dormered hipped roof. The building is finished in yellow brick with terracotta cornicing in the same colour. The entrance is in white stucco and has a neo-classical portico with composite columns. To each side are three bays in a full height bow on the south side and in a full height canted group to the north."

3. APPLICATION DESCRIPTION

3.1. Listed Building Consent is sought for internal (only) alterations to each of the flats, removing and relocating non-original partition walls, and adding new ones. The intention is to create more modern, useable spaces such as removing partitions between living rooms and kitchens and adding walls to create studies/en-suites.

4. RELEVANT HISTORY

4.1. BH2007/01332: Additional galvanised rail on basement step (flat 6). Approved 2 August 2007.

4.2. BH2007/01330: Additional galvanised rail on basement step (flat 6). Withdrawn.

4.3. BH2007/00646: Proposed internal alterations (flat 1a). Approved 2 April 2007.

4.4. BH2007/00536: Proposed internal alterations (flat 9). Approved 2 April 2007.

4.5. BH1997/01602/LB:: Conversion of existing flat into two self-contained flats (flat 2); Approved 22 December 1997.

4.6. BH1997/01601/FP: Conversion of existing flat into two self-contained flats (flat 2). Approved 22 December 1997.

5. REPRESENTATIONS

5.1. In response to publicity, nine objections were received, including from the Council for British Archaeology. The issues raised were:

· Will remove historic features within building;

· Factual inaccuracies within Heritage Statement which does not provide information required by NPPF;

· Position of partitions indicates at least one marble fireplace would be removed, along with original stained-glass windows, doorways and doors, elaborate mouldings and an original wall;

· No consultation with tenants/residents of flats.

6. CONSULTATIONS

6.1. Heritage: No objection The principal significance of the building is it its external elevation and the proposed changes are internal. The most significant rooms on all floors are those on the front of the building and these do not appear to be substantially harmed by the proposals. Much of the proposal entails the removal of walls dividing up larger historic space and this is beneficial in most cases. On balance therefore there is no objection to the works being approved with conditions.

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);

· Shoreham Harbour JAAP (adopted October 2019).

8. POLICIES

The National Planning Policy Framework (NPPF)

Brighton & Hove City Plan Part One

SS1 Presumption in Favour of Sustainable Development

CP15 Heritage

Brighton & Hove City Plan Part Two

DM26 Conservation Areas

DM27 Listed Buildings

Supplementary Planning Guidance:

SPGBH11 Listed Building Interiors

Supplementary Planning Documents:

SPD09 Architectural Features

9. CONSIDERATIONS & ASSESSMENT

9.1. In considering whether to grant listed building consent 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 listed building consent 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.

9.2. 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".

9.3. As noted in the response from the Heritage Officer, the works would be entirely internal, where the main significance of the building is its exterior which would be untouched.

9.4. In response to the objections raised by residents, the works proposed have been clarified by the agent and updated plans provided confirming that stained glass features, fireplaces, cornicing and moulded features would be unaffected.

9.5. The Heritage Officer is satisfied that the works would retain the historic features of the building and would overall be beneficial in terms of removing walls dividing up larger historic spaces. In accordance with Policy DM27 of City Plan Part 2, the plan form, internal hierarchy, construction, fabric, finishes, features and fixtures of special architectural and historic interest would not be harmed and would be preserved, in accordance with the statutory duty noted above. This is subject to the imposition of conditions requiring details of the features to be removed, moved, replaced or reinstated; detailed plans of what is proposed; a requirement to ensure that any works avoid harming existing features and that materials match the originals.

9.6. It is considered that subject to these conditions, the proposed works would not harm the historic character or appearance of the Grade II listed building or wider conservation area, in accordance with policies CP15 of the Brighton & Hove City Plan Part One, and DM26 and DM27 of the Brighton & Hove City Plan Part Two.

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;

10.2. Officers considered the information provided by the applicant, together with the responses from consultees and determined that the proposal would not give rise to unacceptable material impact on individuals or identifiable groups with protected characteristics.