No:	BH2024/00145	Ward:	Whitehawk & Marina Ward
App Type:	Full Planning
Address:	Site Offices Ground and First Floor South Tennis Court St Marys Hall Eastern Road Brighton BN2 5JJ
Proposal:	Retention of three storey modular building on existing tennis court and car parking area for continued use as construction site offices for the 3Ts hospital development for further five years.
Officer:	Ben Daines	Valid Date:		17.01.2024
Con Area:	East Cliff	Expiry Date:		17.04.2024
Listed Building Grade:		Expiry Date:		17.04.2024
Listed Building Grade:		EOT:		26.06.2024
Agent:	BDP BDP 16 Brewhouse Yard Clerkenwell London EC1V 4LJ
Applicant:	University Hospitals Sussex NHS Foundation Trust Royal Sussex County Hospital Eastern Road Brighton BN2 5BE

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.

Plan Type	Reference	Version	Date Received
Location Plan	LOR-CO-SW-A00-PS-00-0501	P01	12 March 2024
Proposed Drawing	LOR-TW-ST1-A00-PL-00-0019	F01	22 March 2024
Block Plan	LOR-CO-SW-A00-PS-00-0502	P02	21 March 2024
Proposed Drawing	LOR-TW-ST1-A00-PL-00-0014	F01	12 March 2024
Proposed Drawing	LOR-TW-ST1-A00-PL-00-0015	F01	12 March 2024
Proposed Drawing	LOR-TW-ST1-A00-PL-00-0016	F01	12 March 2024
Proposed Drawing	LOR-TW-ST1-A00-PL-00-0017	F01	12 March 2024
Proposed Drawing	LOR-TW-ST1-A00-PL-00-0018	F01	12 March 2024
Other	Sustainable Drainage Report		12 March 2024
Other	Tree Schedule		12 March 2024
Other	Tree Protection Plan		12 March 2024
Proposed Drawing	B3T-LOR-PL1-01-03	AB1	25 October 2024
Proposed Drawing	B3T-LOR-PL1-01-01	AB1	25 October 2024
Proposed Drawing	B3T-LOR-PL1-01-02	AB1	25 October 2024
Proposed Drawing	B3T-LOR-PL1-01-04	AB2	25 October 2024
Report/Statement	MAINTENANCE PLAN		25 October 2024
Other	PHOTOMONTAGE OF BICYCLE STORE, BIN STORE, MATERIAL STORAGE, MAINS SUPPLY AND MDU		25 October 2024
Proposed Drawing	EXISTING SITE ACCOMMODATION LAYOUT		22 March 2024
Block Plan	LOR-CO-SW-A00-PS-00-0503	P02	22 March 2024

2. Within five (5) years of the date of this permission the building hereby approved will be removed and the land restored to its former condition.

Reason: The use hereby approved is not considered suitable as a permanent form of development and to comply with policies CP12 and CP15 of the City Plan Part 1 and DM18 and DM29 of the City Plan Part 2.

3. Within 6 months of the date of this permission, the maintenance works set out in the letter from the applicant, received 24 October 2024, shall have been completed to the satisfaction of the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development in the interests of the visual amenities of the area and to comply with policies DM18 and DM26 of the Brighton & Hove City Plan Part 2 and CP12 and CP15 of the Brighton & Hove City Plan Part One.

4. Within 3 months of the date of this permission, the 98% privacy screening shown on drawing number B3T-LOR-PL1-01-01 RevAB1, shall be installed and thereafter retained as such.

Reason: To safeguard the privacy of the occupiers of nearby properties and to comply with policy DM20 of the Brighton & Hove City Plan Part 2.

5. The temporary building hereby permitted shall not be used outside the hours of 0630 to 1900 on weekdays, 0700 to 1400 on Saturdays and shall not be used at all on Sundays or bank holidays.

Reason: To safeguard the amenities of the locality and to comply with policies DM20 and DM40 of Brighton & Hove City Plan Part 2.

6. The south facing windows at first and second floor level of the development hereby approved shall remain obscurely glazed.

Reason: To safeguard the privacy of the occupiers of nearby properties and to comply with policy DM20 of the Brighton & Hove City Plan Part 2.

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 application site comprises a 3-storey modular building with smaller associated buildings to the north, located on the southern tennis courts at St Mary’s Hall on Eastern Road. The site is bounded to the south by Eastern Road, and to the west by Brighton College Pre-prep School. Further west is the Royal Sussex County Hospital. To the east and north are the wider grounds of the Grade II Listed St Mary’s Hall.

2.2. The southern boundary of the site is marked by a historic Grade II listed flint wall that is currently in relatively poor condition. To the south of Eastern Road are residential properties.

2.3. Access to the site is via Eastern Road and this also forms the main access into the wider St Mary’s Hall site.

2.4. The site is located just to the north of the East Cliff Conservation Area.

3. RELEVANT HISTORY

3.1. BH2015/03148: Erection of 3 storey modular building on existing tennis court and car parking area for use as construction site offices for the 3Ts for a temporary period of up to eight years. Approved 22 March 2016 (temporary permission to 1 April 2024).

3.2. BH2024/02729: Application to vary Conditions 1 (Approved Drawings), 3 (Plant Noise Levels), 26 (Surface Water Drainage Details, Stage 1), 40 (Acoustic Survey, Stage 2), 42 (Foul Water Disposal, Stage 2), 43 (Water Infrastructure Scheme, Stage 2), 44 (Surface Water Drainage Details, Stage 2) and 56 (Acoustic Survey, Stage 3) and remove Conditions 8 (Car Parking Numbers), 41 (Rainwater Recycling Scheme, Stage 2 Roof Terrace) and 47 (Level 6 Roof Terrace, Public Use) of planning permission BH2021/03056. (Part Retrospective) (The application includes an Environmental Impact Assessment). Under consideration.

3.3. BH2021/03056: Demolition of existing hospital buildings located to the north of Eastern Road and to the south of the existing children's hospital building and Thomas Kemp Tower. Addition of a helicopter landing pad and associated trauma lift on top of Thomas Kemp Tower. Erection of new hospital buildings incorporating Stage 1: Part 10, 11 and 12 storey building including reinstatement of the interior of the Chapel; Stage 2: 5 storey building; and Stage 3: Service yard with single storey building. Site wide infrastructure including substation, energy centre and flues, 2 floors of underground parking (390 spaces) with new access from Bristol Gate and associated highway works. Cycle parking, external amenity spaces including roof gardens and landscaping on Eastern Road. (Part retrospective to address non-compliance with Condition 2 (approved drawings) and Condition 10 (helipad height and design) of planning permission BH2011/02886. (The application includes an Environmental Impact Assessment). Approved 18 October 2022.

3.4. BH2013/02411: Removal of redundant external light fittings and installation of new lighting and column mounted external lights. (Part retrospective). Approved 23 September 2013

4. APPLICATION DESCRIPTION

4.1. Retrospective permission is requested for the retention of the existing three storey modular building on the site for continued use as construction site offices and changing/welfare facilities for site contractors for the 3Ts development at the Royal Sussex County Hospital for a further five years. As noted above, the building was granted temporary consent in 2016, but this expired on 1 April 2024.

4.2. The building includes external staircases on the east and west elevations. In addition, it has an external walkway at first floor level along the southern elevation, and the site also incorporates associated lighting, bin stores, plant enclosure, materials storage and a cycle store. With the exception of the external staircases, none of these additions formed part of the original temporary consent so this application also includes the addition of the walkway, lighting, bin stores, plant enclosure, materials storage and cycle store.

4.3. The modular building is required for construction workers and members of the NHS Trust project management team during the construction of the Brighton 3Ts hospital development. It includes meeting rooms, workstations and changing facilities. The building provides working space for 140 members of staff and provides changing/welfare facilities for up to 400 construction workers.

5. REPRESENTATIONS

5.1. Objections have been received from four individuals raising the following issues:

· The building was originally proposed to accommodate 140 staff whereas now it accommodates 400 staff

· The building is in use from as early as 5am, 7 days a week

· The exterior of the building is in poor condition

· The listed wall is in a poor state of repair and in danger of collapsing

· The external staircase on the east elevation and raised walkway result in significant privacy impacts as people use it to chat and smoke

· The external lighting shines brightly into homes

· External waste collection has been installed generating collection noise in early hours

· Significant number of comings and goings associated with the modular building creating disturbance for nearby residents

· The offices should be moved elsewhere

· The offices should have already been removed

· All the vehicles associated with the building pose a risk to children using the swimming pool.

5.2. One letter in support of the application has been received stating the following:

· It is for the greater good that the applicants keep using the same building as it will help finish the project sooner.

5.3. Full details of the representation received can be found online on the planning register.

6. CONSULTATIONS

6.1. Environmental Health: No objection

6.2. Heritage: Object on the following grounds:

Due to the very poor state of the building, it was clearly not intended to last as long as it has and no attempt appears to have been made to maintain it. To grant consent for a further 5 years would result in it becoming semi-permanent and its decayed appearance would only grow significantly worse during that time. The building does not appear to be built to be durable. It must be assumed that its appearance will continue to decay and become more harmful to its historic setting.

6.3. This grim three storey portacabin harmfully dominates views of the grade II listed St Mary’s Hall and wall and therefore cause harm to the character and setting of the listed buildings and the conservation areas and is unacceptable on heritage grounds.

6.4. Sustainable Transport: 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 (March 2016);

· Brighton & Hove City Plan Part Two (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 (JAAP) 2019.

8. POLICIES

The National Planning Policy Framework (NPPF)

Brighton and Hove City Plan Part One:

SS1 Presumption in Favour of Sustainable Development

DA5 Eastern Road and Edward Street Area

CP9 Sustainable transport

CP12 Urban design

CP13 Public streets and spaces

CP15 Heritage

CP18 Healthy city

Brighton & Hove City Plan Part Two:

DM9 Community Facility

DM18 High quality design and places

DM20 Protection of Amenity

DM26 Conservation Areas

DM27 Listed Buildings

DM29 The Setting of Heritage Assets

DM40 Protection of the Environment and Health - Pollution and Nuisance

Supplementary Planning Documents:

SPD03 Construction & Demolition Waste

SPD06 Trees & Development Sites

SPD09 Architectural Features

SPD11 Nature Conservation & Development

SPD12 Design Guide for Extensions and Alterations

SPD14 Parking Standards

9. CONSIDERATIONS & ASSESSMENT

9.1. The main considerations in the determination of this application relate to the following: the principle of development; design, appearance, layout, scale and heritage; impact on residential amenity; and sustainable transport.

Principle of Development

The temporary building is used by construction workers and members of the NHS Trust project management team in connection with the construction of the 3Ts development at the Royal Sussex County Hospital. It therefore helps to facilitate the overarching aims of Policy DA5 (Eastern Road and Edward Street) of the City Plan Part One which supports the redevelopment/enhancement of the Royal Sussex County Hospital. Therefore the temporary building indirectly contributes to the public health benefits of providing an improved hospital. Whilst it is acknowledged that the building would be in situ for significantly longer than originally anticipated if this further temporary permission were to be granted, it should be noted that the 3Ts development is progressing with Stage 1 (the Louisa Martindale building) now complete and the Barry Building recently demolished to accommodate the Stage 2 Cancer Centre (an application for which has recently been submitted and is under consideration (ref. BH2024/02729)). The requirement for the building to remain for another 5 years is not arbitrary but aligns with the current timetable for completion of the 3Ts development. Therefore, it is considered that the principle of retaining the building for another 5 years is acceptable and would support the redevelopment of the hospital site with the associated benefits to the health of the city’s population. [JM1]

9.2. Paragraph 101 of the NPPF is clear that significant weight should be placed on the importance of new, expanded or upgraded public service infrastructure when considering proposals for development. As set out above, the temporary building helps to facilitate this upgraded public infrastructure by providing facilities for construction works and NHS Trust staff.

9.3. Objections received from local residents have suggested that the building could be relocated within the main hospital grounds and potentially the new basement car park under the Louisa Martindale building. However, this is an operational car park and the loss of a significant part of this car park for the next 5 years would be likely to have significant transport impacts in the area given the already limited availability of visitor parking within the hospital. There are a very few additional locations within the hospital grounds that the building could be relocated to and any potential relocation would be costly and likely to result in delays to the 3Ts construction programme, and likely to come with its own impacts.

Design, Appearance and Heritage

9.4. 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 that affects a conservation area or its setting, the Council has a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the area.

9.5. The temporary building is three storeys in height with a flat roof and has a basic utilitarian appearance. It is located in a relatively prominent position adjacent to Eastern Road and is considered to be unsympathetic to the Grade II listed St Mary’s Hall, the grade II Listed flint wall on the southern boundary of the site, and the East Cliff Conservation Area to the south, and would be unsuitable as a permanent structure. The building is also in a relatively poor condition with peeling paint and water ingress.

9.6. To address concerns regarding the current condition of the building, the applicant has submitted a maintenance plan with the planning application which includes repainting the building, works to prevent water ingress, and other enhancement works. A condition would be attached to any temporary consent to ensure that these maintenance works are carried out within 6 months of any planning consent. This would ultimately only provide a relatively short term benefit but on the basis that the building is temporary and will be removed within 5 years it is considered that, in line with paragraph 208 of the National Planning Policy Framework (NPPF), the less than substantial harm caused to nearby heritage assets and their setting as a result of the temporary building would be outweighed by the public benefit associated with it which helps to facilitate the improvement/redevelopment of the County Hospital.

9.7. Temporary planning permission is also sought for the addition of the southern walkway, which is in situ but was not part of the original application. More solid screening to the walkway is proposed as part of this application in place of the existing netting.

9.8. Whilst the proposed walkway screening would be more prominent than the existing netting, it would have a limited impact on the overall appearance and character of the building and these changes are considered acceptable in this regard.

9.9. Temporary planning permission is also sought for bin stores, plant enclosure, materials storage and cycle store. These are located to the north of the building and therefore not visible on the streetscene. Given their temporary nature and overall lack of visibility, they are considered to be acceptable on a temporary basis.

9.10. It is therefore not considered that the temporary building would conflict with the NPPF or relevant policies in the City Plan.

Impact on Amenity

9.11. Policy DM20 of the CPP2 states that planning permission for any development or change of use will not be granted where it would cause material nuisance and 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. There are a number of residential properties on the south side of Eastern Road, in relatively close proximity to the temporary building and objections have been received from four individuals regarding the application.

9.13. One of the main concerns raised is the impact on privacy. Since the original temporary consent for the building in 2016, an external walkway at first floor level has been added to the south elevation which objectors say is used frequently by people working in the building for smoking or speaking on mobile phones, allowing views into the residential properties on the other side of Eastern Road. There is currently netting to about 1.8m high above part of the walkway but views can still be obtained through this netting and so it does little to restrict views into residential properties. The applicant has therefore proposed replacement 2m high netting providing 98% privacy to ensure the privacy of the residential properties on the south side of Eastern Road is retained. Additionally, netting is proposed along the full southern extent of the external staircase on the eastern elevation of the building which objectors also report is regularly used by contractors for smoking and telephone conversations. This netting would be secured by condition. It is therefore considered that the proposed netting will satisfactorily address privacy concerns.

9.14. Concerns have also been raised regarding lighting at the site. The main concerns appear to relate to a lighting column to the east of the building. However, this lighting column was granted planning permission in 2013 before the temporary building was constructed so cannot be considered as part of this current planning application. Additional security lighting is proposed to be retained as part of this application, but these are lights on the internal sides of the external walkway, facing towards the temporary building. These lights generally only come on at night during security checks of the building and are not considered to be particularly harmful or intrusive to neighbouring residents.

9.15. Other concerns raised relate to general comings and goings associated with the use of the building by around 140 NHS staff and up to 400 site workers (who use the building for changing/welfare facilities), collection of refuse, and other vehicular related movements associated with the use of the building. It is acknowledged that such an intensive use of the building would have an impact on nearby residential properties and is unlikely to be considered suitable if the building was permanent. However, any impacts on neighbouring properties must be weighed against the temporary nature of the building and its facilitation of the redevelopment and improvement of theCounty Hospital which brings significant wider public benefits as set out above.[JM2]

9.16. It should be noted that no objection has been received from the Council’s Environmental Health Team.

9.17. On balance, it is therefore considered that the impact on the residential amenity of neighbouring properties as a result of comings and goings is not considered so harmful as to warrant a refusal of temporary consent, subject to a condition that the building is not used before 6.30am or after 7pm on Monday to Friday or before 7am and after 2pm on Saturday (with no Sunday or bank holiday use). It is noted that representations have reported that the building is currently sometimes used as early as 5am. The building is not currently subject to any time restrictions, so this is considered a benefit of this permission, allowing additional mitigation to reduce impacts on local residents.

Sustainable Transport

9.18. City Plan Policy CP9 seeks to ensure developments promote and provide measures that will help to manage and improve mobility and lead to a transfer of people and freight onto sustainable forms of transport to reduce the impact of traffic and congestion, increase physical activity and therefore improve people’s health, safety and quality of life.

9.19. Policy DM33 requires that new developments are designed in a way that is safe and accessible for all users and encourages the greatest possible use of sustainable and active forms of travel. DM35 sets out the standard and scale of information required in assessing Highways impacts. DM36 sets standards for parking and servicing of new development.

9.20. There is no vehicular parking on the application site. However, the NHS Trust offers a minibus service from/to a remote park and ride facility for site workers. The site also has good access to bus services and incorporates a modest secure cycle store on the northern side of the building. Eastern Road has parking controls in the form of double yellow lines and streets within the vicinity of the site are designated Controlled Parking Zones (CPZs) so overspill parking can be managed. There are some vehicular movements associated with the site including the collection of waste and other associated movements, but the Local Highway Authority have raised no objection to the proposal on highway grounds. It is therefore not considered that the proposal would warrant a refusal on this basis or conflict with City Plan policies.

10. CONCLUSION

10.1. Paragraph 11 of the NPPF makes it clear that planning application decisions should apply a presumption in favour of sustainable development.

10.2. As set out in this report, the principle of the retention of the temporary building for another five years is considered acceptable given it supports the main aims of Policy DA5 of the City Plan Part One by providing changing/welfare facilities for the contractors involved in the construction of new/replacement health facilities at the hospital. This in turn provides a public benefit by indirectly supporting the improvement of health outcomes in the City through an improved hospital.

10.3. Whilst it is acknowledged that the building’s appearance is unsuitable for a permanent development, given the building is temporary, its harm to the streetscene and the setting of adjacent listed budlings and the wider Conservation Area is considered to be limited.

10.4. The impacts on neighbouring residential properties can be mitigated through suitable conditions relating to the provision of privacy screens and restricting hours of use.

10.5. It is also considered that the building does not have an unacceptable impact on highway safety, and the impacts on the road network are not severe.[JM3]

10.6. It is therefore considered that the proposal complies with national and local planning policies and temporary planning permission is therefore recommended subject to the conditions set out within this report.

11. COMMUNITY INFRASTRUCTURE LEVY

11.1. Under the Regulations of the Community Infrastructure Levy (CIL) 2010 (as amended), Brighton & Hove City Council adopted its CIL on 23 July 2020 and began charging on all CIL liable planning applications on and from the 5 October 2020. The exact amount will be confirmed in the CIL liability notice which will be issued as soon as practicable after the issuing of planning permission. However, the proposed use would not be CIL rated so it is anticipated that there will be no CIL charge for the development.

12. EQUALITIES

12.1. 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;

12.2. Officers considered the information provided by the applicant, together with the responses from consultees (and any representations made by third parties) and determined through an Equalities Impact Assessment that the proposal would not give rise to unacceptable material impact on individuals or identifiable groups with protected characteristics.