No:

BH2024/01639

Ward:

Kemptown Ward

App Type:

Full Planning

 

Address:

University Of Brighton 10 - 11 Pavilion Parade Brighton BN2 1RA    

 

Proposal:

Change of use from education (F1) to a 170no bed tourist hostel (sui generis) with associated alterations to include installation of ventilation louvres and security glass, relocation of external staircase, alterations to existing railings, cycle parking and any associated works. (amended description)

 

Officer:

Helen Hobbs,

tel: 290585

Valid Date:

17.07.2024

 

Con Area:

 Valley Gardens Conservation Area

Expiry Date: 

16.10.2024

 

Listed Building Grade:  Grade II

EOT:

06.12.2024

Agent:

Newsteer Real Estate Advisers   20 Farringdon Street   London   EC4A 4AB                 

Applicant:

Safestay Hostels Limited   C/O Newsteer Real Estate Advisers   20 Farringdon Street   London   EC4A 4AB              

 

 

Section 106 Heads of Terms

Employment Training

-       Developer contribution of £2,500 to be paid prior to site commencement.

-       Employment Training Strategy submitted for approval at least 1 month prior to commencement of the development.

 

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 be MINDED TO GRANT planning permission subject to a s106 agreement and 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

SS-PP-SLP01  

17-Jul-24

Proposed Drawing

SS-PP-AEE01  

11-Jul-24

Proposed Drawing

SS-PP-AEE02  

11-Jul-24

Proposed Drawing

SS-PP-APP01  

A

13-Feb-25

Proposed Drawing

SS-PP-APP02  

11-Jul-24

Proposed Drawing

SS-PP-APP03  

11-Jul-24

Proposed Drawing

SS-PP-APP04  

11-Jul-24

Proposed Drawing

SS-PP-APP05  

11-Jul-24

Proposed Drawing

SS-PP-APP06  

11-Jul-24

Proposed Drawing

SS-PP-APP07  

11-Jul-24

 

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.         All works to external railings and that of making good shall match in material, colour, style, and finish those of the existing railings. 

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.         Soundproofing of the party walls, as recommended by the submitted Noise Impact Assessment report received on the 28th November 2024, shall be implemented prior to the first occupation of the development and shall thereafter be retained as such. 

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

 

5.         The visitor accommodation hereby approved shall be used for the purpose of short-term accommodation only, for occupation by a person or persons for a period no longer than 90 consecutive days and nights.  

Reason: The accommodation is unsuitable for long term occupation contrary to policy QD27 of the Brighton & Hove Local Plan and DM20 of the Submission City Plan Part 2.

 

6.         No part of the development hereby permitted shall be first occupied or brought into use until written evidence, such as Secure By Design certification, has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the scheme has incorporated crime prevention measures. 

Reason: In the interests of crime prevention, to comply with policies CP12 and CP13 and SA2 and SA6 of the Brighton & Hove City Plan Part One.

 

7.         The development hereby permitted shall not be occupied until details of secure cycle parking facilities for the occupants of, and visitors to, the development have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times. 

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy DM33 of Brighton & Hove City Plan Part 2, and SPD14: Parking Standards.

 

8.         The development hereby permitted shall not be used/occupied until a Delivery & Service Management Plan, which includes details of the types of vehicles, how deliveries servicing and refuse collection will take place and the frequency of those vehicle movements has been submitted to and approved in writing by the Local Planning Authority. All deliveries servicing and refuse collection shall thereafter be carried out in accordance with the approved plan. 

Reason: In order to ensure that the safe operation of the development and to protection of the amenities of nearby residents, in accordance with polices DM20, DM33, and DM40 of Brighton & Hove City Plan Part 2.

 

9.         Within three months of the date of first occupation a Travel Plan for the development has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall thereafter be fully implemented in accordance with the approved details. 

Reason: To ensure the promotion of safe, active and sustainable forms of travel and comply with policies DM35 of Brighton & Hove City Plan Part 2, and CP9 of the Brighton & Hove City Plan Part One.

 

10.      The development hereby approved should achieve a minimum Energy Performance Certificate (EPC) rating 'C' for conversions and changes of use of existing buildings to residential and non-residential use.

Reason: To improve the energy cost efficiency of existing and new development and help reduce energy costs and enhance sustainability, to comply with policies DM44 of the Brighton & Hove City Plan Part Two and CP8 of the Brighton & Hove City Plan Part One.

 

11.      The development hereby permitted shall not be occupied until a scheme for the storage of refuse and recycling has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out and provided in full in accordance with the approved details prior to first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained for use at all times. 

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and to comply with Policies DM18 and DM21 of Brighton & Hove City Plan Part 2, policy CP8 of the Brighton & Hove City Plan Part One and Policy WMP3e of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan Waste and Minerals Plan.

 

12.      Within three months of the date of this permission, a management plan for the development hereby permitted shall be submitted to the Local Planning Authority for approval in writing. The management plan should set out how the hostel will be operated so as to minimise the impact upon the amenity of neighbours and shall include, but not be limited, to:

·      Measures to minimise noise and disruption during comings and goings

·      Further information of how the lower ground floor communal/hospitality areas will function, hours of use and maximum capacity of the areas

·      Encouraging guests to utilise sustainable modes of travel

Reason: In the interests of protecting the amenity of neighbouring residents and to comply with Policies DM20 and DM40 of the City Plan Part Two.

 

 

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.

 

 

2.               SITE LOCATION  

 

2.1.          The application relates to a Grade II Listed Building located within the Valley Gardens conservation area, opposite the Royal Pavilion which is Grade I listed and a Registered Park and Garden. The property is listed as part of a terrace of townhouses with numbers 6-11 Pavillion Parade. The site is a corner property of five storeys in height, with entrances on Pavillion Parade to the west and a side entrance on Pavillion Street to the north. The property has been subject to major internal alterations and rebuilding and has a large modern extension built to the rear (east).  

 

2.2.          The building is currently unused and was previously occupied by Brighton University as educational rooms for teaching and staff facilities (planning use class F1).  

 

 

3.               RELEVANT HISTORY  

 

3.1.          BH2024/01640 Listed Building Consent Change of use from education (F1) to a 170no bed tourist hostel (sui generis) with associated alterations to include installation of ventilation louvres and security glass, relocation of external staircase, alterations to existing railings, cycle parking, internal alterations and any associated works. Concurrent application - under consideration. 

 

3.2.          94/1104/FP Continued use of annexe for educational  purposes - as annexe for Faculty of Art, Design and Humanities of University of Brighton until 4 December 2000. Approved 15.12.1994. 

 

3.3.          93/0414/LB Re-organisation of internal partitions to  provide lecture/seminar and staff work rooms together with faculty offices. Approved 28.06.1993. 

 

3.4.          93/0468/FP & 93/0470/LBC Change of use of two self-contained fourth floor flats to form staff work room and facilities. Approved 10.08.1993. 

 

 

4.               APPLICATION DESCRIPTION  

 

4.1.          The application seeks permission for the change of use of the building from an education use (Class F1)  to a tourist hostel (sui generis – beyond any use class) with 170 beds. The hostel would provide bunk beds accommodating between four and eight people in each room, most of which would have its own en suite bathroom facilities. There would be a hospitality area at lower ground floor level, along with a kitchen/prep area and bar/servery. A cycle storage area would be provided within the building on the ground floor level, where there would also be a lounge and reception area, entered via the existing steps onto Pavilion Parade.

 

4.2.          The scheme requires limited physical alterations, comprising the installation of ventilation louvres and security glass in the extension, the relocation of an external staircase, alterations to existing railings and cycle parking.

 

 

5.               REPRESENTATIONS  

 

5.1.          In response to publicity, responses were received from Twenty Two (22) individuals, objecting to the application and raising the following issues:  

·      Impact on local elderly residents 

·      Increase in noise and disturbance/anti-social behaviour 

·      Loss of property value 

·      Poor cycle provision 

·      Traffic and congestion of the nearby streets, including deliveries/servicing

·      Out of character 

·      Impact on the listed building 

·      Impact on the nearby surgeries and other local amenities 

·      Poor disabled access  

·      Overlooking  

·      Loss of privacy 

·      Pollution and litter 

·      No suitable smoking facilities 

·      Poor air quality in the vicinity 

·      Impact on Phase 3 of the Valley Garden project 

·      Poor bin and recycling facilities 

·      Already a high number of hostels in the area  

  

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

 

6.               CONSULTATIONS  

 

Internal:  

6.1.          Culture and Creative Industries:  Comment   

The proposed hostel development shares a party wall with The Actors, an independent venue and public house highly valued within the local arts scene and as a community space for the LGBTQ+ community. It is also opposite the Royal Pavilion cultural venue and key outdoor events spaces used by the council such as Valley Gardens and Old Steine.  

 

6.2.          A noise report should be produced in order to assess options around mitigation, and any proposed noise mitigation should be demonstrated to work after implementation and before occupation.  

 

6.3.          Economic Development:  No Comment   

 

6.4.          Environmental Health:  Initial Comment   

Following the review of the requested submitted Noise Impact Assessment, there are no objections. The alterations to the wall linings would need to be adhered to during renovation, in order for the sound pressure level to be mitigated from performances at the adjoining theatre. With all mitigating measures being put in place, there would be no significant noise issues affecting the proposed hostel. 

 

6.5.          Heritage:  Comment   

The information provided is satisfactory for us to determine that the development can be made acceptable in relation to impacts on heritage provided the suggested condition are imposed.  

  

6.6.          Local Employment and Skills:   Comment   

No objection to the development subject to the contribution and employment training strategy to be secured through the s106 agreement. 

 

6.7.          Housing:   No Comment   

 

6.8.          Planning Policy:   Comment   

The loss of the education floorspace is considered acceptable in this case, due to the provision elsewhere within the University of Brighton estate. The submitted Hotel Impact Assessment is considered acceptable and provides sufficient justification of the provision of new visitor accommodation in this location.  

  

6.9.          Sustainable Transport:   Comment   

The development is acceptable subject to the conditions requiring an updated Delivery and Service Mangement Plan, revised cycle parking scheme and travel plan measures.  

  

6.10.       Sustainability:  No Objection 

The developer should take the opportunity during the refurbishment to improve the energy efficiency.  

  

6.11.       Sustainable Drainage:  No objection   

  

External:  

 

6.12.       Conservation Advisory Group:  No Objection   

 

6.13.       County Archaeologist:  No Comment   

  

6.14.       Sussex Fire and Rescue:  No Comment   

  

6.15.       Sussex Police:  No Objection   

Safety and security measures suggested to applicant.  

 

6.16.       Visit Brighton:  Comment   

The development could impact on guesthouse occupancy in Kemptown. Will not aid increase in the accommodation provision available for conference delegates as the sector predominantly requires private rooms. It will appeal to the group stay market so could create any social behaviour issues. Further information should be provided about the effect of the proposed hostel on existing visitor accommodation, including hotels and guest houses.  

 

 

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)  

 

Brighton & Hove City Plan Part One:  

 

SS1              Presumption in Favour of Sustainable Development 

SA2             Central Brighton

CP5              Culture and tourism 

CP6              Visitor accommodation 

CP7              Infrastructure and developer contributions 

CP8              Sustainable buildings 

CP9              Sustainable transport 

CP10            Biodiversity  

CP12            Urban design 

CP13            Public streets and spaces 

CP15            Heritage 

 

Brighton & Hove City Plan Part Two:  

DM9             Community Facilities

DM18           High quality design and places 

DM20           Protection of Amenity 

DM26           Conservation Areas 

DM27           Listed Buildings

DM29           The Setting of Heritage Assets

DM33           Safe, sustainable and active travel 

DM36           Parking and servicing 

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 

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 principle of development, design and appearance of the proposal and the impact on heritage assets, impact on amenity, highway impact, standard of accommodation, and sustainability. 

 

Principle of Development

Loss of Educational use:  

9.2.          The proposal would result in the loss of 1,050 sqm of education floorspace (F1 use class), which is a community use. CPP2 Policy DM9.2 regarding community facilities seeks to prevent the loss of community facilities, noting that:

“Development that would lead to the loss of community facilities will only be permitted where it has been demonstrated that at least one of the following circumstances applies:

   

a)      replacement facilities of an appropriate quality and size will be provided as part of new development proposals or in an alternative suitable location that meets the criteria in part 1 of this policy; or 

b)      the facility is no longer needed and suitable alternative provision with sufficient capacity is available in a location easily accessible to users of the facility; or 

c)      the building or land is no longer suitable to accommodate the current use or an alternative suitable community use and cannot be reasonably adapted to do so; or 

d)      it has been demonstrated that there is no current or future need or demand for the space, either in its current use or any alternative community use and evidence of active, flexible and appropriate marketing of the site for community use has been provided.” 

 

9.3.          The University of Brighton has submitted a letter accompanying the application. This states the site is now surplus to requirements and that the activities previously delivered from the building are accommodated elsewhere within the university's estate. The Planning Statement also indicates that it is part of the University's strategy to accommodate all educational facilities at their Moulsecoomb and Falmer campuses. It is acknowledged that there has been significant re-development of the Moulsecoomb campus in recent years providing additional educational floorspace. 

 

9.4.          In this case, it is considered that DM9.2(b) applies and the loss of the education floorspace is considered acceptable on the basis that the facility is no longer needed and suitable alternative provision is available elsewhere in a location that is preferable as it forms part of the wider campus. 

 

Proposed visitor accommodation:  

9.5.          The site is located within Central Brighton area, which is the City's prime location where CPP1 Policy SA2 seeks to “reinforce the role of the city centre as a tourist hub for leisure, tourism, culture and commercial uses”. CPP1 Policy CP6 (Visitor accommodation) “supports the provision of a sufficient and wide ranging type of visitor accommodation” and indicates that proposals for new hotel development should be directed firstly to the Central Brighton Area so in principle, the scheme is considered to accord with this approach by improving accommodation choice in the central city. The proposal also supports the objectives by delivering visitor accommodation in a highly sustainable, central location with easy access to cultural, leisure and shopping facilities. 

 

9.6.          The hostel would provide dormitory rooms creating 170 bed spaces, located on the ground to fourth floor level of the building. The lower ground floor is primarily set out as amenity provision and back of house operations.  

 

9.7.          Policy CP6 requires an impact assessment for new hotel accommodation to “identify how the proposal would add to and impact on the current supply and offer of accommodation; whether it has the ability to create new demand and how it might meet needs currently unsatisfied in the city.”

 

9.8.          The applicant has provided a thorough Hotel Impact Assessment which includes a hotel market analysis and provides details on national and regional occupancy rates, including room occupancy rates for both serviced accommodation and self catering accommodation. This helps to demonstrate that Brighton's occupancy rates are in line with and in some cases exceed national and regional occupancy.  

 

9.9.          The Impact Assessment states that due to the proposed hostel use it is not possible to undertake a conventional trade assessment. This is accepted. The Impact Assessment states that "like-affects-like" and highlights that the use as a hostel is complementary to the city's hotels and caters for a different market. The Impact Assessment has included research into hostels located within the central Brighton area, concluding only 1 of the 7 hostels in the city are located within the central Brighton area, currently providing 20 bed spaces in 6 rooms.   

 

9.10.       It is considered that the Impact Assessment provides the necessary information to assess the impact of the proposed use on other forms of visitor accommodation within the central Brighton area, particularly those in a hostel use.  The Impact Assessment concludes that the impact of the proposed hostel would be negligible and that the lack of existing hostels within the Central Brighton area and identified need for additional visitor accommodation, as demonstrated in the Visitor Accommodation Study justifies the use. In this case, the Impact Assessment is considered acceptable. 

 

9.11.       Based on this assessment, the nature of the accommodation is not considered to prejudice or significantly impact the existing hotels and guest houses within the Hotel Core Zone.

 

9.12.       The applicant has confirmed that the hostel will be for tourist and leisure purposes. The Safestay Hostels Ltd have hostels throughout the country and information displayed on their website sets out they are an international chain of tourist accommodation.  

 

9.13.       The proposal is in accordance with Policy CP5 (Culture and Tourism) of the Brighton & Hove City Plan which aims to maintain the cultural offer of the City and create an exciting visitor destination.

 

9.14.       Overall, the principle of the development is considered acceptable.  

 

Design and Appearance Including Impact on Heritage Assets

9.15.       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.  

 

9.16.       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". 

 

9.17.       The proposed external works to the building primarily affect the modern part of the building along the Pavilion Street elevation. They include installing a Pavement Goods Hoist, enlarging the lower ground level side entrance door, exchanging a single window with louvres for ventilation into the internal bin store and relocating the external staircase from the pavement level to the lower floor. They also include alterations to the rear section of the street level railings. The Heritage Officer has stated that as the removal of the railings is to the rear of Pavilion Street and the less significant end of the building, this would not cause substantial harm.  

 

9.18.       The existing windows are to be refurbished and the glass replaced. There would be no change to the design or frames of the windows.    

 

9.19.       The external alterations will not affect the historic frontage and therefore the development would not significantly harm the character and appearance of the listed building, the adjoining terrace or the surrounding Valley Gardens conservation area.  

 

9.20.       Internally, the building has been substantially altered over the years and very few if any historic features remain with the historic floor plan within the original building houses lost. The internal alterations almost all affect much later partitions which have been introduced in the twentieth century. The only significant internal walls are the back wall of No. 10 and the party wall between Nos 10 and 11 and not all of those are complete. The only proposed alterations to these two walls is the closing of the opening between 10 and 11 on several levels. These would not have been there originally so there is no objection. The works are therefore considered acceptable in terms of their design and impact on the listed building and the surrounding area, including its heritage features.

 

Impact on Residential Amenity and Adjoining Businesses/Buildings:  

9.21.       The use of the building as visitor accommodation is not deemed likely to result in an unacceptable increase in noise or activity levels which would be of detriment to any neighbouring properties, particularly given the central location of the development along a main thoroughfare (the A23), its historic student use, and its siting amongst several late night uses and commercial premises. 

 

9.22.       The application site does not directly adjoin any residential properties. The nearest residential properties are located within the Glass Pavilion, 2 Princes Street located on the opposite corner of Pavilion Street and the residential flats located within the wider terrace, nos. 5-8 Pavilion Parade, although not directly adjoining the site. Given this separation, the change of use is unlikely to significantly impact on any nearby residential properties in terms of noise and disturbance from within the building.

 

9.23.       Concerns have been raised by neighbouring properties that the proposal would lead to loss of privacy and overlooking. However, the window openings are to remain the same as the existing arrangement. Therefore, there would not be any significant increase in the outlook currently available and no compromise of the privacy of neighbouring properties.

 

9.24.       There have also been concerns raised regarding the impact of the development on pavement users, and noise and disturbance from people congregating outside the hotel. Given the historic student use, as well as the city centre location, it is considered that any activity directly outside of the hostel would not be significantly increased and certainly not to a degree to warrant refusal of the application. 

 

9.25.       Sussex Police have recommended crime prevention measures and further information will be requested by condition, to ensure the potential for any anti social behaviour is considered appropriately.

 

9.26.       Overall, any noise and disturbance is not considered to be significantly increased and proposed use would not have a detrimental impact on neighbouring properties.

 

9.27.       Whilst no residential amenity is forecast to be impacted, concerns were raised by Environmental Health Officers, and Culture & Creative Industries Officers with regards to the impact of the proposed hostel on established venues and late night activity. The ‘agent of change’ principle needs to be applied to safeguard the surrounding entertainment-led area from noise-sensitive uses (typically new dwellings), and to ensure that future occupation of the hostel does not lead to a risk of conflict.

 

9.28.       The rear building line of the site adjoins The Actors Public House, located on the corner of Pavilion Street and Princes Street, which is currently an independent venue within the local arts scene and LGBTQ+ community. As such, the applicant has submitted a Noise Impact Assessment (NIA). The NIA tested the internal sound levels of the application site across a weekend and sets out soundproofing measures to ensure that The Actors Public House would not have an adverse impact on the new hostel use or generate potential complaints that could jeopardise the future of the Public House. The measures that the report sets out have been reviewed by the Environmental Health Officer and are considered satisfactory. These will be secured by condition. They are considered appropriate to ensure that no significant noise transmission would occur between the two buildings.  

 

9.29.       Overall, it is considered that the proposed development would not have an adverse impact on adjoining properties.  

 

Transport Impacts:  

9.30.       The site is conveniently located in relation to services, amenities, the seafront and parks, as well as public transport being close to bus services which provide links to most areas of the city and close to the mainline train station.  

 

9.31.       Cycle parking is to be sited within the ground floor, however as currently proposed it is not considered acceptable due to the type of racks being proposed. A condition will be attached to secure revised details of cycle parking. Policy complaint cycle parking may require further space than the current arrangement that is shown on the submitted plans and therefore it is accepted that the level of cycle parking will need to be slightly reduced in order to provide a better standard of cycle parking. This is accepted as the constraints of the site are recognised and it would not be possible to enlarge the bicycle storage. It is more important that the cycle storage is safe, secure and convenient to use.  

 

9.32.       The development would provide no off street car parking. The site is located within a controlled parking zone and there are a number of disabled parking spaces and paid parking spaces / car parks available close by for those that travel by car. It is considered the risk of overspill parking is therefore limited, and can be controlled by parking regulation.

 

9.33.       The applicant has provided a Delivery and Service Management Plan. There are some concerns regarding the size of the delivery trucks and where they would be able to stop safely and conveniently for loading and unloading. A revised Plan will be secured by condition. If it is not possible for the size of delivery trucks forecast then smaller vehicles will need to be utilised for deliveries such as regular linen pick ups/drop offs and goods.  

 

9.34.       The applicant has provided a forecast of the difference in vehicle and cycle trips generated by the historic educational use and the proposed use. It indicates that the number of trips would be reduced. There could be an increase in pedestrian movements, however the site’s central location and surrounding infrastructure would adequately be able to deal with any increase.  

 

Standard of Accommodation:  

9.35.       Policy DM20 of CPP2 aims to secure a good standard of living accommodation for current and future occupiers in all new developments. Accommodation should therefore provide suitable circulation space within the communal spaces and bedrooms once the standard furniture has been installed, as well as providing good access to natural light and air in each habitable room. 

 

9.36.       All rooms appear to have an acceptable layout with light and outlook levels appropriate for short stay accommodation.  

 

9.37.       A condition has been attached to the permission to limit the occupation of the premise for less than 90 consecutive days and nights for any person, which is a considerable time whereby the visitor accommodation should exhibit a good standard. It is though acknowledged that the majority of visitors would not stay for this amount of time and the visitors would already have entered into an agreement/chosen this type of accommodation. Notwithstanding this, the proposed standard of accommodation shown on the indicative layout does exhibit an acceptable standard of accommodation for this type of use. 

 

9.38.       Sussex Police have also recommended a number of measures to mitigate against any identified local crime trends and site specific requirements. These measures will ensure the safety and security of visitors as well as neighbouring residents. A condition is therefore attached to secure further crime prevention measures.  

 

Sustainability:  

9.39.       Policy DM44 of the City Plan Part Two requires non-residential development including conversion and changes of use to achieve at least 19% improvement on the carbon emissions targets set by Part L. This is secured by condition.  

  

 Biodiversity: 

9.40.       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. 

 

Conclusion:

9.41.       The change of use is considered acceptable in principle, improving the range of accommodation available in the city, without detriment to the existing hotel supply, given it would cater to a different market. It is separated from residential properties and given background noise from the road and central location, and the previous educational use, and would not cause any increased harm to neighbouring residential properties or risk impact on surrounding commercial businesses including The Actors Public House.

 

9.42.       The proposed works are minimal and located on the modern elevation so would not harm the historic character and appearance of the listed building, the adjoining terrace or the surrounding Valley Gardens conservation area.

 

9.43.       Subject to conditions, the proposal would not have any detrimental impacts on transport, sustainability or biodiversity so approval is recommended.

 

 

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 unacceptable material impact on individuals or identifiable groups with protected characteristics.  

 

 

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 it practicable after the issuing of planning permission.