Initial template

No:	BH2024/02421	Ward:	Brunswick & Adelaide Ward
App Type:	Full Planning
Address:	52 Brunswick Place Hove BN3 1NB
Proposal:	Removal of external spiral staircase and relocation of existing fire escape, installation of French doors to allow access to lower ground floor & ground floor courtyards, minor internal reconfigurations to provide additional bedroom to Flat 1, new access and provision of terrace area for Flat 2 with privacy screening.
Officer:	Michael Tucker, tel: 292359	Valid Date:		03.10.2024
Con Area:	Brunswick Town	Expiry Date:		28.11.2024
Listed Building Grade:		Expiry Date:		28.11.2024
Listed Building Grade:		EOT:		14.02.2025
Agent:	Lewis And Co Planning SE Ltd Lewis & Co Planning 2 Port Hall Road Brighton BN1 5PD
Applicant:	52 Brunswick Place Ltd C/o Lewis & Co Planning SE Ltd 2 Port Hall Road Brighton BN1 5PD

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 and block plan	7305/001		3 October 2024
Proposed Drawing	7305/020	A	18 December 2024
Proposed Drawing	7305/021		3 October 2024
Proposed Drawing	7305/022		3 October 2024
Proposed Drawing	7305/022	A	18 December 2024
Proposed Drawing	7305/031		3 October 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. No works in relation to the removal of the existing metal spiral staircase and walkway shall take place until a method statement detailing the process of removal and how fabric would be made good following the development has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in strict accordance with the approved method statement.

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.

4. No works in relation to the new cast metal staircase hereby permitted shall be commenced until full details of the proposed staircase including 1:20 scale sample elevations 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.

5. Access to the flat roof area indicated on the approved drawings as 'TERRACE (Maintenance only)' 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 Part 2.

6. The terrace at first floor hereby approved shall not be first brought into use until the obscured privacy screens indicated on the approved drawings have been fully installed. The screens shall thereafter be retained.

Reason: To protect the amenity of neighbouring occupiers, to comply with Policies DM20 and DM21 of the Brighton and Hove City Plan Part Two.

7. The seven windows in the lower ground and ground floors, as indicated on the approved drawings to have 'frosted glass', shall be obscure glazed and non-opening, unless the parts of the windows which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, and thereafter permanently retained as such.

Reason: To safeguard the privacy of the occupiers of the adjoining property and to comply with Policies DM20 and DM21 of 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 relates to a five-storey over basement terraced building on the western side of Brunswick Place. 2The building is in residential use comprising seven residential flats (C3).

2.2. The building is grade II listed and is located within the Brunswick Town Conservation Area. The properties within the terrace retain many original architectural features and a high degree of uniformity fronting Brunswick Place, with full width segmental bays rusticated ground floors and first floor full width balconies, stepping in height as the road rises away from the sea. The rear elevations of the terrace are more varied and have been subject to a greater degree of change over the years.

3. RELEVANT HISTORY

3.1. BH2024/02422 (Listed Building Consent) - Removal of external spiral staircase and relocation of existing fire escape, installation of French doors to allow access to lower ground floor & ground floor courtyards, minor internal reconfigurations to provide additional bedroom to Flat 1, new access and provision of terrace area for Flat 2 with privacy screening and minor internal reconfigurations for Flats 1, 2, 3, 4, Lower Ground Floor Flat A and Lower Ground Floor Flat B. Under consideration.

4. APPLICATION DESCRIPTION

4.1. Planning permission is sought for external alterations including the removal of a spiral staircase at the rear and the relocation of an existing fire escape, the installation of French doors on the lower ground, ground and first floors and creation of a terrace area for Flat 2 with privacy screening. The proposal also includes internal alterations to provide an additional bedroom for Flat 1.

4.2. The plans have been amended since the initial submission to adjust the alignment of the proposed French doors, and to reduce the size and number of various rear terraces.

5. REPRESENTATIONS

5.1. Five (5) letters of objection have been received, summarised as follows:

· Harm to amenity of neighbours through increased noise, loss of light and loss of privacy

· Design harms grade II listed building

· Lack of engagement by developer

· Loss of property value

5.2. Full details of representations received can be found online on the planning register.

6. CONSULTATIONS

6.1. Heritage: No objection subject to conditions

No objection to the removal of the rear staircase/fire escape, the proposed internal alterations or to the proposed terraces and privacy screening. A method statement for the removal of the existing staircase and details of the proposed new staircase should be secured by condition.

6.2. However, the alignment of the proposed French doors should be adjusted to better reflect the existing fenestration on the upper floors.

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 Joint Area Action Plan (adopted October 2019).

8. POLICIES

The National Planning Policy Framework (NPPF)

Brighton & Hove City Plan Part One

SS1 Presumption in Favour of Sustainable Development

CP12 Urban design

CP15 Heritage

Brighton & Hove City Plan Part Two

DM1 Housing Quality, Choice and Mix

DM20 Protection of Amenity

DM21 Extensions and alterations

DM26 Conservation Areas

DM27 Listed Buildings

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

SPD17 Urban Design Framework

9. CONSIDERATIONS & ASSESSMENT

9.1. The main considerations in the determination of this application relate to the design, appearance and heritage impact of the proposals and the impact upon neighbouring amenity.

Design, Appearance and Heritage:

9.2. 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.

9.3. 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 should be given "considerable importance and weight".

9.4. The proposed external alterations comprise:

· Removal of an external spiral staircase and walkway

· Erection of a new cast metal staircase

· Insertion of three French doors to the rear at lower ground, ground and first floors

· Creation of a roof terrace with obscured privacy screening to the rear at first-floor level

9.5. No objection is raised to the loss of the external spiral staircase and walkway. Whilst historic, these features are considered by the Heritage Team to be of low significance and currently obscures the rear elevation. In accordance with the comments of the Heritage team, a condition is attached to secure a method statement for the removal of this feature.

9.6. The proposed new cast metal staircase is considered acceptable in principle; however it would be necessary to secure further details of this feature, and a suitably worded condition is attached.

9.7. The proposed French doors to the rear of the outrigger would be in painted timber and have been amended to better align with the existing fenestration on the upper floors. The proposed French doors would replace a sash window and a non-original door and are considered acceptable on this basis.

9.8. The proposed privacy screening to the roof terrace at first floor would be 1.7m in height, of frosted glass. The screen would run around the southern and eastern boundaries of the flat roof but has been amended since the initial submission to be set in from the northern side boundary. Whilst such terraces do not appear to be established features at the rear of Brunswick Place, the rear wing of the site is of low significance due to the number of past alterations that have taken place, and the terrace screening have a lightweight yet contrasting appearance to the building. On this basis and in accordance with the comments of the heritage consultee it is considered that the terrace screening would not be objectionable in design or heritage terms.

Impact on Amenity:

9.9. Policy DM20 of the City Plan Part Two 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.

9.10. The proposed removal of the spiral staircase would modestly improve access to light and outlook for the rear rooms within the main part of the building, which are mostly bedrooms.

9.11. Using the annotation on the plans, the central courtyard at lower ground floor level is currently accessible by Flat B. As proposed, this area would be accessible to Flat A. The windows of Flat B that face onto the central courtyard would be obscurely glazed. Flat B would retain access to outdoor space in the form of the courtyard at the rear. The overall impact of this change is considered to be positive, with Flat A gaining access to outdoor amenity space and no longer being overlooked from the central courtyard. However, a condition is attached to ensure that the obscure glazing to the bedroom in Flat B is retained as otherwise occupiers of this bedroom would suffer from a loss of privacy.

9.12. At ground floor, the area of flat roof currently taken up by the metal walkway would be accessible from Flat A via the new proposed staircase from the central lower ground floor courtyard. There would be an area of planting at the rear, and the rear bedroom of Flat 1 would have obscure glazing to the window facing onto this space. As originally submitted, this area was proposed to also form part of the amenity space for Flat A. However, due to concerns regarding the potential for noise disturbance and actual and perceived overlooking towards both bedrooms of Flat 1, it is considered that this area is not suitable for a roof terrace and should only be accessed for emergency or maintenance purposes. A condition is attached to this effect.

9.13. At first floor, the currently inaccessible area of flat roof at the rear of the outrigger would be converted into a terrace with 1.7m obscure glazed privacy screening. It is considered that the screening would be effective in protecting the privacy of occupiers of neighbouring dwellings, and amendments have set this privacy screening in modestly from the northern side boundary to reduce the impact of the screening in terms of overbearingness. There is already a high degree of enclosure for the rear of properties on Brunswick Place due to the height of the outrigger features and, although obscured, the glazed screen would be relatively lightweight and would not be considered to have an unacceptable impact in terms of additional enclosure or loss of light for neighbours. The terraced area is relatively modest in scale and not located immediately adjacent to neighbouring windows and it is not considered that the proposal would give rise to unacceptable levels of noise and disturbance for adjoining residents. The windows directly above this terrace serve bathrooms and so would not be overly sensitive to activity on the terrace.

Other Considerations:

9.14. The plans indicate various minor internal reconfigurations, including the creation of combined living/kitchen rooms. The submitted plans indicate that the building is currently laid out as three one-bedroom flats and four two-bedroom flats. As proposed, there would be two one-bedroom flats and five two-bedroom flats, and the proposed layouts would comply with the Nationally Described Space Standards (NDSS) in accordance with policy DM1. The impact of these internal alterations on the listed building is for assessment under the concurrent listed building consent application BH2024/02422.

10. CONCLUSION

10.1. Subject to the recommended conditions, it is considered that the proposed external alterations, as amended, would be acceptable in terms of design, appearance and impact on the grade II listed building and the wider conservation area. The impact of the proposals on the amenity of occupiers of neighbouring dwellings, including within the site, is also overall considered to be acceptable.

Biodiversity Net Gain

10.2. 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;

11. EQUALITIES

11.1. 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;

11.2. 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.