No:	BH2024/02777	Ward:	Rottingdean & West Saltdean Ward
App Type:	Full Planning
Address:	Coppers The Green Rottingdean Brighton BN2 7DD
Proposal:	Widening of existing driveway.
Officer:	Vinicius Pinheiro, tel: 292454	Valid Date:		30.11.2024
Con Area:	Rottingdean Conservation Area	Expiry Date:		25.01.2025
Listed Building Grade:		Expiry Date:		25.01.2025
Listed Building Grade:		EOT:
Agent:	Febo Designs 1 Foxcombe Cottage South Harting Petersfield GU31 5PL
Applicant:	Mr Lincoln C/o Febo Designs 1 Foxcombe Cottage South Harting Petersfield GU31 5PL

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
Proposed Drawing	1922-196	C	14 January 2025
Location Plan	1922-194	D	11 November 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.

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.

Biodiversity Net Gain

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

2.1. The application site relates to a single dwelling located within the Rottingdean Conservation Area. The site is bounded to the north and east by Challoners, a grade II listed building, and to the south by the Quaker Burial Ground, a 17th century burial ground which is a locally listed heritage asset.

2.2. The site lies within the Rottingdean Conservation Area and is subject to the Rottingdean Article 4(1) Direction which removes permitted development rights for certain operations, including alterations to hardstanding's.

3. APPLICATION DESCRIPTION

3.1. Planning permission is sought for the widening of existing driveway. The driveway would have a gravel finish and be extended at it's widest point from 2.4m to a maximum width of 3.7m. A new hedge would provide a soft boundary on the southern side.

4. RELEVANT HISTORY

4.1. BH2024/01799 - Installation of new vehicular and pedestrian gates and enlargement of the existing driveway. Withdrawn 07/10/2024

4.2. BH2020/01735 - Application for variation of condition 1 of BH2019/02301 allowing amendments to approved drawings revising fenestration materials. Approved 03.03.2021

4.3. BH2020/01401 - Application for approval of details reserved by condition 3a) (brick, render and tiling samples) and 3c) (samples of other external materials) of application BH2019/02301. Approved 16/06/2020

4.4. BH2019/02301 - Demolition of existing dwelling and erection of 1no detached two storey dwelling (C3). Approved 19/09/2019

5. REPRESENTATIONS

5.1. One (1) comment has been received objecting to the proposal for the following reasons:

· Loss of privacy

· Increased traffic

· Poor design

· Overdevelopment

· Visual impact

· Impacts on trees and hedges

· Inappropriate Materials

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

5.3. Councillor Fishleigh has objected to the proposal on the grounds of harm to the conservation area and listed buildings. A copy of the representation is attached.

6. CONSULTATIONS

6.1. Arboricultural Department: No objection

There are concerns about the palm tree in front to the front of the property however the proposal does not seem to impact the tree.

6.2. Heritage Verbal comment: No objection

The proposal would not result in harm to heritage assets.

6.3. Transport Verbal comments: No objection

The applicant does not propose any changes to the existing crossover.

6.4. Brighton and Hove Archaeological Society: Comment

The archaeology of Rottingdean and the surrounding area is relatively unknown, and as such any intervention may produce important records of past landscapes and ancient activity. The Brighton and Hove Archaeological Society would suggest that you contact the County Archaeologist for his recommendations with regards to this planning application.

6.5. County Archaeologist

No comment received.

6.6. Rottingdean Parish Council: 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, 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. RELEVANT POLICIES & GUIDANCE

The National Planning Policy Framework (NPPF)

Rottingdean Neighbourhood Plan

H2 Design

H3 Design Principles in the Conservation Area and its Settings

Brighton & Hove City Plan Part One:

SS1 Presumption in Favour of Sustainable Development

CP10 Biodiversity

CP11 Flood risk

CP12 Urban design

CP15 Heritage

Brighton & Hove City Plan Part Two:

DM18 High quality design and places

DM20 Protection of Amenity

DM21 Extensions and alterations

DM26 Conservation Areas

DM29 The Setting of Heritage Assets

Supplementary Planning Documents:

SPD12 Design Guide for Extensions and Alterations

SPD17 Urban Design Framework

9. CONSIDERATIONS & ASSESSMENT

9.1. The main considerations in the determination of this application relate to the design and appearance of the proposal, the impact to the street scene, including the conservation area and the impact on neighbouring amenity.

9.2. Amended plans have been received during the course of the application to clarify the size of the proposed driveway and to clarify any new boundary treatments. This has been confirmed as a planted hedge to the southern edge of the extended drive.

9.3. A site visit has not been undertaken but is not considered necessary to make an informed decision given the submitted photos and online mapping and photography.

9.4. 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.

9.5. Case law has held that the desirability of preserving or enhancing the character or appearance of a conservation area should be given "considerable importance and weight".

Design and Appearance

9.6. The principal extent of the physical changes, namely the widened vehicle access and the new hedges are limited in scope considered to have a minimal impact on the appearance and character of the site, the street scene and the surrounding Conservation Area. The widening of the vehicle access drive beyond the existing crossover would involve minimal external changes. It is noted that the existing signage and tree on the frontage would remain unaffected by the proposal and there would be no alteration to the crossover.

9.7. The materials would be gravel over the driveway and it is considered to have an acceptable impact on the site and wider area given its permeability and alignment with the rural character of this part of the conservation area and that it would have a similar appearance to the existing driveway. Furthermore, the proposed plans show a new hedge to the south of the driveway and this will improve the overall appearance of the site and provide a natural boundary to the driveway.

9.8. In light of the considerations above and in accordance with the relevant City Plan policies and the Rottingdean Neighbourhood Plan, the proposed alterations are deemed acceptable. The proposed materials and design would not harm the appearance and character of the conservation area or harm the setting of heritage assets in the wider vicinity.

9.9. Overall, the proposed is considered to result in a sympathetic alteration that would not cause harm to the appearance and character of the site, the streetscene or the wider conservation area. The proposal would accord with DM18 and DM21 of City Plan Part Two and CP15 of City Plan Part One.

Impact on Amenity

9.10. Policy DM20 of City Plan Part 2 states that planning permission for any development will not be granted where it would cause material nuisance and loss of amenity to the proposed, existing and/or adjacent users, residents or occupiers.

9.11. The impact on the adjacent properties have been fully considered in terms of overshadowing, daylight, sunlight, outlook and privacy and no significant harm as a result of the proposed development has been identified.

9.12. Overall, it is considered that the proposed development would not cause adverse harm to the amenity of neighbours and would comply with DM20 of the Brighton and Hove City Plan Part 2.

10. OTHER MATTERS

Ecology

10.1. Arboricultural officers have raised no objection to the principle of the scheme, therefore, the application is recommended for approval on this basis. As stated, the tree to the front of the property would remain unaffected by the proposal.

Archaeology

10.2. It is noted that the site lies within an archaeological notification area. The proposal does not require significant excavations and can be supported on that basis and no further impacts are predicted.

Biodiversity Gain Plan

10.3. This scheme was considered exempt from the need to secure mandatory biodiversity net gain under Schedule 7A of the TCPA because:

10.4. It is a Householder application.

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.