No:	BH2024/01720	Ward:	Hangleton & Knoll Ward
App Type:	Full Planning
Address:	Land And Part Of Foot Golf Course And Benfield Barn At Benfield Valley Hangleton Lane Hove BN3 8EB
Proposal:	Development of 101 dwellings (C3 use) of 2-4 storeys high to include change of use of part of footgolf course and car park (F2 use) and demolition of derelict cottages and erection of new dwellings.  Works to Benfield Barn to create community hub facility including café and footgolf use (F2 use). Erection of 5 new workshops of 1-2 storeys within footprints of Barn outbuilding ruins (E(g)/F2 use). Community use on ground floor of new residential marker building (F2 use). Landscaping works including allotments/orchards. Ecological works. Creation of and upgrades to pedestrian and cycle routes. Associated alterations to existing vehicular access off Hangleton Lane and provision of car and cycle parking. Associated off-site landscaping and ecological works to wider Valley including provision of parkland south of Hangleton Lane for community use.
Officer:	Maria Seale, tel: 292175	Valid Date:		10.07.2024
Con Area:	Benfield Barn	Expiry Date:		09.10.2024
Listed Building Grade:  II
		EOT:		09.12.2024
Agent:	Enplan   111 High Street   Lewes   BN7 1XY
Applicant:	Benfield Property Ltd And Benfield Investments Ltd   C/o Enplan

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 MIND TO GRANT planning permission subject to the following Section 106 Obligations, Conditions and Informatives, SAVE THAT should the s106 agreement not be completed on or before 2/8/25 the Head of Planning is hereby authorised to refuse planning permission for the reasons set out in section 13 of this report:

Section 106 Head of Terms:

Affordable Housing provision

· 40 units (equating to 40%)

· Tenure mix:  55% social rent/45% Low Cost/Intermediate Home Ownership (eg shared ownership)

· Size mix: 29no. 1-2 bed units, 9no. 3-bed units and 2no. 4-bed (7-person) units

· 10% fully wheelchair accessible standard M4(3)(2b)

Public Access Parkland and landscape/footpath enhancement

· Creation of the Southern Parkland as a public park in perpetuity with ‘Open Access land’ status to allow general public use (pedestrians and cyclists); associated set up costs including any council costs

· Submission, approval and implementation of a Parkland Scheme – to secure provision of enhancement measures in broad accordance with the approved landscape plans

· A long-term, funded Parkland Management and Maintenance Plan (see also Maintenance heading below)

· Transfer of ownership and/or management responsibility to a nominated Community Trust/Group or Management Company with funding arrangements to implement the above Parkland Management and Maintenance Plan

· Enhancement of Northern Downlands (Footgolf area) landscape including existing footpaths – in broad accordance the approved landscape plans

Interpretation/Information (ecology/landscape/National Park/heritage)

· Submission of a scheme for interpretation and informative material and measures to include information boards and signage throughout the site and wider Valley including Footgolf and Southern Parkland area and within Benfield Barn building; details of maintenance

Management & maintenance of open spaces/conservation area/community spaces

· Submission and approval of a single overarching Landscape/Building Management and Maintenance Scheme for wider site with additional detailed Schemes for a) Southern Parkland (see above); b) Northern Downland/Footgolf; c) Conservation Area and Barn; and d) residential landscape/public realm/food growing areas. Schemes to be in broad accordance with approved landscape plans and Outline Landscape Management Plan. Details of nominated Community Trust/Management Company and funding arrangements. Details of co-ordination/oversight of combined Schemes; details of their duration.

Transport and Highways

· Highway works (via s278) to include:

i.     Reconfigured site access off Hangleton Lane with footways both sides of access stub, a raised table with dropped kerbs and tactile paving

ii.    Upgrade of existing uncontrolled crossings on Hangleton Lane east and west of the site entrance to provide dropped kerbs and tactile paving

iii.   New pedestrian crossing on Hangleton Lane in proximity to roundabout junction with A293 (eastern arm), to provide tactile paving and dropped kerbs

iv.   Improved existing pedestrian crossing at southern arm of A293 roundabout and improvement/widening of existing footway westwards to the bus stop and eastwards on southern side of Hangleton Way to meet accessibility standards; to include provision of tactile paving and dropped kerbs

v.    New accessible footpath along the northern edge of Hangleton Lane between the site access and A293 roundabout

vi.   Safety improvements to and connection of banked/stepped exit from public right of way footpath (c.25m from junction with the eastern arm of A293 roundabout) on northern side of Hangleton Lane to the new northern footway

vii. New gateway feature connecting the footpath on the eastern side of the site to Hangleton Lane.

viii. Footway/Cycleway connection to Sylvester Way with dropped kerbs and including measures to prevent vehicles e.g. bollards.

ix.   Carriageway and footway improvements to end of cul-de-sac on Sylvester Way to include scheme of planting/placemaking and gateway feature, improved link to existing footpath RBH11a and consideration of double/single yellow lines.

x.    Bus stop improvements, provision of bus shelter (eastbound only), kassel kerbs (both sides) and real time signage (westbound only) on Fox Way (western arm from A293 roundabout)

xi.   Bus stop improvements on Hangleton Valley Drive South, both directions, to include bus cage and kassel kerbs.

xii. improved crossing point at Hangleton Lane/Hangleton Valley Drive junction with build-out/dropped kerbs/tactile paving

· Footpath improvements to southern parkland and south of the site route to Sainsbury’s, to include upgraded surface, drainage, and lighting (subject to separate ecological assessment), as per scope of works in the Active Travel Zone (ATZ) Route 5.

· Financial contribution of £20,000 towards pedestrian/cycle improvements in the immediate area within the ATZ in the Transport Assessment eg on key routes to schools and services, which may include: improvements to routes to Hill Park and Hangleton Primary Schools; provision of dropped kerbs and tactile paving to crossing point 100m west of Hangleton Lane/A293 roundabout (between Fox Way/Hangleton Lane); improvements to routes to bus stops; and improvements to routes to Hove Medical Centre (West Way).

· Internal street works to be to adoptable standards and Local Highway Authority first refusal on choice of formal adoption

· Permissive Path Agreement (or suitable alternative) to secure permanent vehicular access and public access through the internal streets of the development and for pathways through housing site, parkland and conservation area (including through to Slyvester Way)

· Travel Plans (residential and non-residential) and associated measures and bond, including up to 2 x car club cars/spaces with EV charging and membership package; 1 bikeshare bike and membership package

Community hub

· Provision of community floorspace within the marker building to shell and core and details of transfer to a Management Company and funding arrangements

Employment Scheme

· Submission of an Employment Training Strategy including 20% local labour

· Financial contribution of £47,720 to the Employment Scheme

Public art

· Provision of Artistic Component to a minimum cost of £34,000

S106 compliance monitoring fees (in accordance with the council’s Developer Contributions Technical Guidance)

· For monitoring of overall 106 of £11,250 excl VAT

· For monitoring of Travel Plans £7,249

· For monitoring of Public Art Component £850 excl VAT

· For on-going monitoring of BNG (and Landscaping/Woodland Management proposals) over 30 years (£TBC)

Conditions:

1. The development hereby permitted shall be carried out in accordance with the approved drawings and documents listed below. (Note – to be inserted in Late List)

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

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 development except site clearance and demolition shall take place until a Phasing Scheme detailing the phases of the construction and completion has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with agreed phasing unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure the development and its public benefits and the requirements of Policy SA7 of the Brighton and Hove City Plan, and the associated conditions attached to this permission, are delivered in a timely way over a phased period as appropriate.  

4. No respective phase of the development shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation for that phase which has been submitted to and approved in writing by the Local Planning Authority. 

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with policies DM31 and SA7 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

5. No respective phase of the development hereby permitted shall be brought into use until the archaeological site investigation and post-investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) for that phase has been completed and written details submitted to and approved in writing by the Local Planning Authority. The archaeological site investigation and post-investigation assessment will be undertaken in accordance with the programme set out in the written scheme of investigation approved under condition 5 above. 

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with policies DM31 and SA7 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

6. No respective phase of the development within the redline or blueline of the application sites (including any site clearance or demolition) shall take place until a Demolition and Construction Environmental Management Plan (DCEMP) for that phase has been submitted to and approved in writing by the Local Planning Authority. The DCEMP shall include:

(i)      Timescales/Phases for the proposed development including the forecasted completion date; 

(ii)     Details of how the contractors will liaise with local residents to ensure that residents are kept aware of site progress and how any complaints will be dealt with, reviewed and recorded (including details of any considerate constructor or similar scheme);

(iii)    Measures to minimise disturbance to neighbours regarding issues such as noise and dust management, vibration, site traffic, and deliveries to and from the site;

(iv)    Measures to prevent mud/dust from tracking onto the highway; 

(v)     Details of the construction compound including plant and material storage and manoeuvring areas; 

(vi)    A plan showing construction traffic routes

(vii)   Details of how the DCEMP has had regard to, and is compatible with, the Biodiversity CEMP (see condition 7 below)

The construction of the development shall be carried out in full compliance with the approved DCEMP. 

Reason: As this matter is fundamental to the protection of amenity, ecology, highway safety and managing waste throughout development works and to comply with policies SA7, H2, DM20, DM33 and DM40 of Brighton & Hove City Plan Part 2, policy CP8, CP9 and CP10 of the Brighton & Hove City Plan Part One, and WMP3d of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013 and Supplementary Planning Document 03 Construction and Demolition Waste.

7. Unless otherwise agreed in advance and in writing with the Local Planning Authority, works associated with the demolition/construction of the development hereby permitted including demolition, plant operation and HGVs and other construction vehicles accessing/egressing the site shall only be undertaken between the following hours: 

· 8am to 6pm Monday to Friday

· 9am to 1pm Saturdays 

· no work on Sundays and Bank/Public Holidays:

Reason: To protect the amenity of local residents and occupiers and the wider area, in accordance with policies DM20 and DM40 of Brighton & Hove City Plan Part 2.

8. No respective phase of development within the redline or blueline of the application sites or enabling works (including demolition, ground works, vegetation clearance) for that phase, shall take place until a Biodiversity Construction Environmental Management Plan (BCEMP) has been submitted to and approved in writing by the local planning authority.

The BCEMP shall include information on how Benfield Valley Local Wildlife Site (LWS) will be protected during works including from pollution events and with the type and location of protective fencing marked on an appropriately scaled plan. Details on exclusion zones for higher risk activities such as the storage of chemicals/diesel/oil, refuelling and vehicle washing areas (particularly for concrete/cement/mixing plant) should also be provided. Details of best practice construction measures to mitigate against impacts on mammals that may cross the site e.g. hedgehogs, foxes and badgers should be provided. Details of the protection of trees/scrub/woodland (including Tree Preservation Order woodland) in accordance with the Arboricultural Implications Assessment (AIA, Broad Oak Tree Consultants Limited, 26th November 2024, Ref: J64.66) should be included.

The BCEMP shall include the following:

a)      risk assessment of potentially damaging construction activities;

b)      identification of “biodiversity protection zones”;

c)      practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

d)      the location and timing of sensitive works to avoid harm to biodiversity features;

e)      the times during construction when specialist ecologists need to be present on site to oversee works;

f)       responsible persons and lines of communication;

g)      the role and responsibilities on site of the ecological clerk of works (ECoW)’ to be present during the times identified in (e); and

h)      use of protective fences, exclusion barriers and warning signs.

All clearance and construction activities shall be carried out in accordance with the approved BCEMP.  

Reason: To ensure that any adverse environmental impacts of development activities are mitigated and to protect the biodiversity of the site, to comply with policies CP10 and CP8 of the Brighton and Hove City Plan Part One and SA7, DM22, H2 and DM37 of the Brighton and Hove City Plan Part Two.

9. No development within the redline or blueline of the application sites shall take place (including any demolition, ground works, vegetation clearance or site investigation works) until a Biodiversity Method Statement (BMS)  demonstrating how potential impacts to roosting bats, dormice, amphibians, badgers and breeding birds and impacts from invasive plant species have been mitigated, has been submitted to and approved in writing by the Local Planning Authority. The content of the BMS shall include the following:

A)      purpose and objectives for the proposed works;

B)      Ecological Clerk of Works role including personnel competency/licences held, frequency/timing of supervision, tool-box-talks etc;

C)      detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used);

D)      extent and location of proposed works shown on appropriate scale maps and plans;

E)      timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;

F)      persons responsible for implementing the works;

G)      initial aftercare and long-term maintenance (where relevant);

H)      disposal of any wastes arising from the works.

The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To protect habitats and species identified in the ecological assessment from adverse impacts during construction and to avoid an offence under the Wildlife and Countryside Act 1981, as amended, The Conservation of Habitats and Species Regulations 2017, as amended, the Protection of Badgers Act 1992 and Wild Mammals (Protection) Act (1996), and to comply with policies CP10, SA7, H2 and DM37 of the Brighton and Hove City Plan.

10. No development shall take place within the redline and blueline of the application sites (including demolition, ground works, vegetation clearance or investigatory works) until a Reptile Mitigation Strategy has been submitted to and approved in writing by the local planning authority. Any reptiles translocated from the development site must remain within Benfield Valley (south of the A27) in an appropriate receptor site (as defined by the Herpetofauna Groups of Britain and Ireland advisory note on the selection of receptors sites (HGBI, 1998), unless otherwise agreed in writing by the Local Planning Authority .

The content of the mitigation strategy should include the following:

a)      aims and objectives of the proposed works;

b)      evidence that HBGI (1998) best practice guidelines have been followed;

c)       details of the proposed receptor site including location, size, existing habitats, existing reptile population and proposed enhancement works, shown on appropriate scale maps and plans;

d)      details of the proposed reptile exclusion, trapping, translocation and destructive search process for the donor (development) site;

e)      details of the release process into the receptor site including order of use, where different receptor areas are proposed;

f)       management prescriptions for the receptor site/areas required to deliver the stated aims and objectives, including an annual work plan, details on the duration of the plan (or specific parts of it), and the times at which it will be reviewed and updated (as required);

g)      details of the body/ies or organisation/s responsible for implementation of the plan;

h)      details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. Note: the legal agreement must clearly state that no part of the receptor site will be within the fairway areas of the Footgolf course.

i)        Details of ongoing monitoring surveys of the receptor site and details of remedial actions/contingencies. Note: where the results from monitoring show that conservation aims and objectives are not being met, the agreed remedial actions/contingencies will be implemented so that the development still delivers the fully functioning biodiversity objectives of the approved reptile mitigation scheme.

The approved plan will be implemented in accordance with the approved details.

Reason: To protect those reptiles identified in the ecological assessment from adverse impacts during construction, to avoid an offence under the Wildlife and Countryside Act 1981, as amended and to ensure the long-term management of the reptile receptor sites as biological communities are constantly changing and require positive management to maintain their conservation value, and to comply with policies CP10 and DM37 of the Brighton and Hove City Plan.

11.

1.      No works of any respective phase pursuant to this permission shall commence until there has been submitted to and approved in writing by the local planning authority: 

(a) A desk top study documenting all the previous and existing land uses of the site and adjacent land in accordance with industry best practice guidance such as BS 10175:2011+A2:2017 - Investigation of Potentially Contaminated Sites - Code of Practice and BS 5930 Code of Practice for Ground Investigations;

And if notified in writing by the local planning authority that the desk top study identifies potentially contaminant linkages that require further investigation then,

(b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study in accordance with BS 10175:2011+A2:2017;

And if notified in writing by the local planning authority that the results of the site investigation are such that site remediation is required then,

(c) a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring.  Such a scheme shall include nomination of a competent person to oversee the implementation of the works.  

2.      The development hereby permitted shall not be occupied or brought into use until there has been submitted to, and approved in writing by, the local planning authority a written verification report by a competent person approved under the provisions of condition (1)c that any remediation scheme required and approved under the provisions of condition (1)c has been implemented fully in accordance with the approved details (unless varied with the written agreement of the local planning authority in advance of implementation).  Unless otherwise agreed in writing by the local planning authority the verification report shall comprise:

a) built drawings of the implemented scheme;

b) photographs of the remediation works in progress;

c) certificates demonstrating that imported and/or material left in situ is suitable for use. 

Reason: To safeguard the health of future residents or occupiers of the site and to comply with policies DM41 and DM20 of the Brighton & Hove City Plan Part 2.

12. If during construction, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing by the Local Planning Authority), shall be carried out until a method statement identifying and assessing the risk and proposing remediation measures, together with a programme for such works, shall be submitted to the Local Planning Authority for approval in writing. The remediation measures shall be carried out as approved and in accordance with the approved programme. 

Reason: To safeguard the health of future residents or occupiers of the site and to comply with policies DM41 and DM20 of the Brighton & Hove City Plan Part 2.

13. No tree shown as retained on the approved drawings shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the local planning authority. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development in compliance with policies SA7, H2, DM22 and DM37 of Brighton & Hove City Plan Part 2, and CP8, CP10, CP12 and CP13 of the Brighton & Hove City Plan Part One.

14. Prior to the commencement of the development hereby approved (including demolition and all preparatory work), a scheme for the protection of the retained trees, in accordance with BS 5837:2012, as set out in the approved Broad Oak report dated 26 November 2024 shall be undertaken in full.  The construction of the development thereafter shall be implemented in strict accordance with the details set out in the report and no vehicles, plant or materials shall be driven or placed within the areas enclosed by protective fences. All tree protection monitoring and site supervision works should be undertaken by a suitably qualified tree specialist.

Reason: As this matter is fundamental to protecting the trees which are to be retained on the site during construction works in the interest of the visual amenities of the area and for biodiversity and sustainability reasons, to comply with policies SA7, H2, DM22 and DM37 of Brighton & Hove City Plan Part 2, and CP8, CP10 and CP12/CP13 of the Brighton & Hove City Plan Part One and SPD06:Trees and Development Sites. tree protection.

15. The development hereby permitted shall not be commenced (including demolition and all preparatory work) until evidence has been submitted to and approved in writing by the Local Planning Authority (LPA) to demonstrate that a pre-commencement meeting has been held on site and attended by the developers appointed arboricultural consultant, the site manager/foreman and a representative from the LPA to discuss details of the working procedures and agree either the precise position of the approved tree protection measures to be installed OR that all tree protection measures have been installed in accordance with the approved tree protection plan. The development shall thereafter be carried out in accordance with the approved details or any variation as may subsequently be agreed in writing by the LPA.

Reason: As this matter is fundamental to protecting the trees which are to be retained on the site during construction works in the interest of the visual amenities of the area and to provide ecological and sustainability benefits, to comply with policies SA7, H2 and DM37 of Brighton & Hove City Plan Part 2, and CP8, CP10 and CP12 / CP13 of the Brighton & Hove City Plan Part One and SPD06:Trees and Development Sites.

16. Prior to occupation of the development hereby permitted, a Scheme for Landscaping and Public Realm within the redline and blueline of the application site shall be submitted to and approved in writing by the Local Planning Authority, which is in broad accordance with the approved drawings and Landscape Plans (Ref to be added).

The approved soft landscaping shall be implemented in accordance with the approved details in the first planting season after completion or first occupation of each respective phase of the development, whichever is the sooner, unless otherwise agreed in writing with the Local Planning Authority. The other landscaping and features shall be implemented in accordance with the timetable as shall be agreed in section n) below. The scheme shall include the following:

a)      details of all hard and soft surfacing to include the type, position, design, dimensions and materials (which shall include use of clay pavers and bound gravel) and any sustainable drainage/permeable drainage system used and details of all carriageways and footpaths;

b)      a schedule detailing sizes and numbers/densities of all proposed trees/plants including food-bearing plants, and details of tree pit design, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period;

c)       details of all boundary treatments (including flint boundary walls, fences, habitat protection fencing, privacy screens, Air Source Heat Pump screen) to include type, position, design, dimensions and materials;

d)      Details of areas of informal children’s play (0-6 year olds) and seating within (i) the central (car-free) community square within housing development; (ii) other areas of ‘pocket play’ throughout the development; and (iii) areas of informal play within the Southern Parkland

e)      Details of allotments and orchard including details of native (edible) tree species, provision of utilities (water/energy), seating and ancillary buildings eg for tool storage, having regard to advice in the council’s Planning Advice Note 06: Food Growing and Development September 2020.

f)       Details of hedgerow enhancement

g)      Details of street/car-park area tree planting and associated tree pits throughout the housing development

h)      Details of all pedestrian/cycle routes including details of how disadvantaged and vulnerable groups and inclusive design have been taken into account

i)        Details of cross-sections and of any retaining walls, steps or ramps

j)        Details of the Sylvester Way gateway with minimum 2 metre width and the link to public highway, to include measures to prevent vehicles accessing Conservation Area and only allowing pedestrian/cycle access

k)       Details of seating throughout

l)        Details of how surface of existing footpaths will be upgraded

m)     Measures to prevent permanent vehicular access to the Conservation Area from the proposed residential site and car parking areas eg demountable bollards

n)      A programme for implementation, including for hard and soft landscaping and children play features and food growing areas

o)      On-going maintenance details

Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to provide ecological and sustainability benefits, and to be accessible to all, to comply with policies SA7, DM22, SA6, H2 and DM37 of Brighton & Hove City Plan Part 2, and CP8, CP10, CP12 and CP13 of the Brighton & Hove City Plan Part One.

17. The development of each respective phase hereby permitted shall not be commenced (other than demolition works and works to trees) until a detailed design and associated management and maintenance plan of surface water drainage for that phase of the site using sustainable drainage methods (SuDs) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be in broad accordance with the approved Mayer Brown Flood Risk Assessment and Surface Water Drainage Strategy dated July 2024 and amended Surface Water Drainage Strategy Plan HBBENFIELD.23/20 dated November 2024. The SuDs details shall include the following:

· Locations of proposed foul water pipes. .

· Confirmation that the receiving sewer has capacity for the anticipated peak foul water discharge.

· A maintenance and management plan for the lifetime for the development.

· Confirmation that any traditional drainage used offers sufficient treatment for surface water.

· A SuDS assessment, updated to consider rainwater harvesting and SuDS features.

· Results of groundwater infiltration testing at locations throughout the site, and hence details of any required modifications to drainage proposals.

· Measures to manage the risks posed to controlled waters by this development

· Confirmation as to the role of any green roofs and swales, in the drainage strategy.

· Details of the responsibilities of each party for the implementation of the SuDs scheme

· A timetable for implementation

The approved drainage system shall be implemented in accordance with the approved detailed design.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to mitigate flood risk, to comply with policies DM42, H2 and DM43 of City Plan Part Two and CP11 of the Brighton & Hove City Plan Part One and SPD16: Sustainable Drainage.

18. No development of any respective phase above ground floor slab level of any part of the development hereby permitted shall take place until a drainage strategy detailing the proposed means of foul water disposal and an implementation timetable for that phase, has been submitted to and approved in writing by, the Local Planning Authority in consultation with the sewerage undertaker.  Details shall include how occupation of the development is to be phased and implemented to align with the delivery by Southern Water of any sewerage network reinforcement required to ensure that adequate wastewater network capacity is available to adequately drain the development. The development shall be carried out in accordance with the approved scheme and timetable.

Reason: To ensure adequate foul sewage drainage/treatment infrastructure is available prior to development commencing and to comply with policy DM42 and H2 of Brighton & Hove City Plan Part 2 and SPD16.   

19. Notwithstanding the approved plans, the development of each respective phase hereby permitted shall not commence (excluding demolition and site clearance) until full details of existing and proposed ground levels (referenced as Above Ordnance Datum) within that phase of the site and on land and buildings adjoining the site by means of spot heights and cross-sections, proposed siting and finished floor levels of all buildings and structures, have been submitted to and approved by the Local Planning Authority.  The development shall then be implemented in accordance with the approved level details. 

Reason: As this matter is fundamental to the acceptable delivery of the permission to safeguard the amenities of nearby properties and to safeguard the character and appearance of the area and heritage setting, to comply with Policies SA7, DM18, DM20, DM26, DM27, DM28 and DM29 of Brighton & Hove City Plan Part 2 and SA4, SA5, CP12 and CP15 of the Brighton & Hove City Plan Part One.

20. Notwithstanding any details shown on the approved plans, no development of any respective phase above ground floor slab level of any part of the development hereby permitted shall take place until details of all materials to be used in the construction of the external surfaces of the development (in broad accordance with those specified on the approved drawings and supporting information) for that phase have been submitted to and approved in writing by the Local Planning Authority, including (where applicable): 

 (i)     Samples/details of all brick, render and tiling (including details of the colour of render/paintwork to be used) including a sample panel of how the outbuilding walls will be constructed with existing material on site.

(ii)     Details of any existing materials on site and how they will be integrated into the outbuilding structures.

(iii)    Details of bonded gravel to be used within the conservation area and within the wider development

(iv)    Details/samples including scaled profile/section of all cladding to be used, including details of their treatment to protect against weathering

(v)     Samples/details of all hard surfacing materials including use of clay pavers

(vi)    Samples/details of the proposed window, door, rooflights and balcony/balustrade treatments and reveal depths

(vii)   Samples/details of bungaroosh panels/features

(viii)  Details of rainwater goods and cross-sections of all roof drainage systems across the whole development

(ix)    Details of air source heat pumps, including their location and screening/compartmentalisation systems and contextual elevations

(x)     Details of boundary treatment including walls and gates

(xi)    samples/details of all other materials to be used externally

(xii)   details of a maintenance programme for all external materials on buildings (excluding private market houses) and within the public realm

Development shall be carried out in accordance with the approved details. 

Reason:  To ensure a satisfactory appearance to the development and to protect the setting of heritage assets, to comply with policies SA7, DM18, DM21, DM26, DM27, H2, DM28 and DM29 of Brighton & Hove City Plan Part 2 and CP12, CP13 and CP15 of the Brighton & Hove City Plan Part One.  

21. Notwithstanding the approved elevation drawings, no development of any respective phase above ground floor slab level of the houses or blocks of flats hereby approved shall take place until large scale drawings of (e.g. 1:20) of their architectural details, including of their facades, for that phase have been submitted to and approved in writing by the Local Planning Authority. These details shall include larger areas of bespoke ‘new bungaroosh’ panels/elements than shown on the drawings to the four corner houses at ground level as a minimum, in addition to proposed use of panels as repetitive markers on house types. The approved details shall be incorporated within the development.

Reason: To ensure a satisfactory appearance to the development as the current panels are somewhat ‘tokenistic’ and need more prominence and integration, and to protect the setting of heritage assets, to comply with policies SA7, DM18, DM21, DM26, DM27, DM28 and DM29 of Brighton & Hove City Plan Part 2 and CP12, CP13 and CP15 of the Brighton & Hove City Plan Part One. 

22. Within the Conservation Area, no cables, wires, aerials, pipework (except rainwater downpipes as shown on the approved plans), meter boxes or flues shall be fixed to, or shall penetrate, any external elevation, without the prior consent in writing by the Local Planning Authority.

Reason:  To safeguard the appearance of the conservation area and the visual amenities of the locality and to comply with policies SA7, DM18, DM21, DM26, DM27 and DM29 of Brighton & Hove City Plan Part 2 and CP12/CP15 of the Brighton & Hove City Plan Part One.

23. The rooflights hereby approved in buildings within the Conservation Area shall be ‘conservation style’ and have steel or cast metal frames colour-finished black or dark grey, fitted flush with the adjoining roof surface and shall not project above the plane of the roof.

Reason: To ensure a satisfactory appearance to the development and to comply with policies DM18, SA7 and DM26 of Brighton & Hove City Plan Part 2, and CP12 and CP15 of the Brighton & Hove City Plan Part One.

24. All new flintwork and works of making good of the flintwork shall match the original flint walls in the type of flints, coursing, strike and density of stones, and the mortar's colour, texture, composition, lime content and method of pointing and the pointing of the brick dressings shall match the colour, texture, lime content and style of the original brick pointing unless otherwise agreed in writing with the Local Planning Authority. 

Reason: To ensure a satisfactory appearance to the development and to comply with policies DM29, SA7, DM26 & DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

25. No development of any boundary treatment or outbuilding within the Conservation Area shall take place until a sample panel of flintwork has been constructed on the site and approved in writing by the Local Planning Authority. The flintwork comprised within the development shall be carried out and completed to match the approved sample flint panel.

Reason: As this matter is fundamental to the acceptable delivery of the permission to ensure a satisfactory appearance to the development and to comply with policies DM29, SA7, DM26 and DM27 of Brighton & Hove City Plan Part 2 and CP15 of the Brighton & Hove City Plan Part One.

26. All existing architectural features within the Barn including wooden roof trusses, inner partitions and other decorative features shall be retained unless otherwise agreed in writing with the Local Planning Authority. Any new walls/ openings shall be scribed around all existing features and the existing features shall not be cut into or damaged. Any new fixtures or fittings should not damage existing fabric and agreed in writing with the Local Planning Authority. 

Reason: To ensure the satisfactory preservation of this listed building and to comply with policies DM27 and SA7 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

27. The works to the listed Barn building hereby permitted shall not take place until full details of the proposed works including 1:20 scale sample elevations and 1:1 scale joinery profiles of any replacement windows or doors including the proposed western and eastern glazed doors have been submitted to and approved in writing by the Local Planning Authority. Any other new doors shall be of traditional timber panel construction unless otherwise agreed. Any fireproofing to doors should be an integral part of the door construction, and self-closing mechanisms, if required, shall be of the concealed mortice type.

The works shall be implemented in strict accordance with the agreed details and maintained as such thereafter.

Reason: As insufficient information has been submitted, to ensure the satisfactory preservation of this listed building and to comply with policies SA7, DM26 & DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

28. The works to the listed Barn building hereby permitted shall not be commenced until details of the method of fire protection and insulation of the walls, floors, ceilings and doors where required, including 1:5 scale sections through walls and ceilings, 1:20 scale elevations of doors and 1:1 scale moulding sections, have been submitted to and approved in writing by the Local Planning Authority.  All existing original doors shall be retained unless otherwise agreed in writing with the Local Planning Authority and where they are required to be upgraded to meet fire regulations details of upgrading works shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of any work. Self-closing mechanisms, if required, shall be of the concealed mortice type.  The works shall be carried out in accordance with the approved details.

Reason: As insufficient information has been submitted, to ensure the satisfactory preservation of this listed building and to comply with policies DM27 and SA7 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

29. The works hereby permitted within the Conservation Area shall not be commenced until details of proposed pointing and render with lime mortar mix have been submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out in strict accordance with the approved details.

Reason: As insufficient information has been submitted, to ensure the satisfactory preservation of this listed building and to comply with policies DM26, SA7 & DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.  

30. The development within the Conservation Area hereby permitted shall not be commenced until plans to at least 1:20 of each elevation of every outbuilding, boundary wall and cottage showing to what extent the existing walls (and chimney) will be retained and/or built up shall have been submitted to and approved in writing by the Local Planning Authority. The construction works shall be carried out and completed fully in accordance with the approved method statement.

Reason: As this matter is fundamental to the acceptable delivery of the permission to ensure a satisfactory appearance to the development and to comply with policies DM29, DM26, SA7 and DM27 of Brighton & Hove City Plan Part 2 and CP15 of the Brighton & Hove City Plan Part One

31. The development hereby permitted within the Conservation Area shall not be commenced until a survey report and a method statement setting out how the existing boundary and outbuilding walls and the cottage chimney are to be protected, maintained, repaired and stabilised during and after demolition and construction works, and including details of any temporary support and structural strengthening or underpinning works, shall have been submitted to and approved in writing by the Local Planning Authority.  The method statement should include who, when and how the outbuildings will be maintained should any degradation take place.  The demolition, construction and maintenance works shall be carried out and completed fully in accordance with the approved method statement.

Reason: As this matter is fundamental to the acceptable delivery of the permission to ensure a satisfactory appearance to the development and to comply with DM29, DM26, SA7 and DM27 of Brighton & Hove City Plan Part 2 and CP15 of the Brighton & Hove City Plan Part One.

32. The approved works to the Barn and outbuildings is limited to the works shown on the approved drawings and does not indicate approval for associated or enabling works that may be necessary to carry out the scheme.  Any further works must be submitted to and approved in writing by the Local Planning Authority prior to any works commencing.

Reason: To ensure the satisfactory preservation of this listed building and to comply with policies DM26, DM29, SA7 & DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

33. Notwithstanding the submitted plans, no development above ground floor slab level shall take place until a revised Parking Allocation and Management Plan for vehicles and any other forms of parking and stopping in the car park areas, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall cover occupiers and visitors to the development and include the following measures:

· Details of how the proposal has regard to SPD14 Parking Standards

· Details of how each car parking space will be allocated and managed

· Details of measures including markings and signage to ensure that each parking space is for the sole use of its allocated owner/use and/or those they permit to use said space

· Details of disabled car parking provision including dimensions of spaces etc

· Details of motorcycle parking provision

· Details of how dedicated parking provision to serve the workshop buildings in the Conservation Area has been increased eg via re-allocation in the wider site

· Details of measures to prevent informal ad-hoc parking on footways etc

· Details of Electric Vehicle Charging Points, to include active provision for all dedicated residential and workshop and car-club on-street/car-parking spaces and provision of 10% active provision for all visitor spaces and 100% passive provision (ie cabling) for remaining visitor spaces

The above Plan must be implemented prior to the occupation (of each respective phase as agreed under condition 3) of the development and thereafter be maintained as such.

Reason: To ensure the development maintains a sustainable transport strategy and adequate parking provision and management, and to preserve the historic character of the site, to comply with SPD14 Parking Standards and CP9 and CP15 of the City Plan Part One and policies SA7, H2, DM26, DM33 and DM36 of City Plan Part Two and SPD14: Parking Standards.

34. The vehicle parking areas shown on the approved plans shall not be used otherwise than for the parking of private motor vehicles and motorcycles belonging to the occupants of and visitors to the development hereby approved and shall be maintained so as to ensure their availability for such use at all times.

Reason:  To ensure that adequate parking provision is retained and to comply with policy CP9 of the Brighton & Hove City Plan Part One, policies SA7, H2, DM33 and DM36 of Brighton & Hove City Plan Part 2, and SPD14: Parking Standards.

35. Notwithstanding the plans hereby permitted, no development (except demolition or site clearance/enabling works) shall commence until a Street Design Scheme fully detailing the design of external areas within and adjoining the red line boundary has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The submitted scheme shall include full details of the following:

i.        New and extended vehicle crossovers

ii.       Reinstatement of redundant vehicle crossovers

iii.      Geometry and layout, including dimensions, radii, and visibility splays (pedestrian and vehicle)

iv.      Vehicle Swept Path Analysis (VSPA) drawings for a standard size fire engine, large ambulance, and standard size waste disposal vehicle plus details of related fire hydrant locations as required

v.       Pavement materials, constructions and surfacing, kerbs and edge restraints, levels, and gradients, including to both sides of any interfaces with the adopted (public) highway

vi.      Cycle parking facilities

vii.     Electric Vehicle Charging Points (EVCPs)

viii.    Ticket machines (for visitor parking if provided)

ix.      Lighting

x.       Drainage

xi.      Posts (wooden and metal), road signs and road markings

xii.     Street furniture including benches, bollards, kiosks, post-boxes, seats, telecommunication and energy cabinets, masts, poles, and inspection chambers and covers

xiii.    Hard landscaping including its heights above named levels

xiv.    Soft landscaping including its heights above named levels, embankments, trees, verges, other planting, growing media and planting aids

xv.     Demountable bollards to prevent access to conservation area other than for servicing

xvi.    Measures to prevent informal ad-hoc parking on footways

The approved scheme shall be implemented prior to first occupation of the development.

Reason: In the interest of highway safety, inclusivity, sustainability, quality design, the historic environment/character and public amenity and to comply with policies SA6, CP7, CP9, CP11, CP12, CP13 and CP15 of the Brighton & Hove City Plan Part One, and SA7, H2, DM26, DM33 and DM36 of Brighton & Hove City Plan Part Two.

36. No respective land use/phase of the development hereby permitted shall be occupied until details of secure cycle parking facilities for the occupants of, and visitors to, each respective land use/phase within the development have been submitted to and approved in writing by the Local Planning Authority. Any storage within car ports shall be secure. Details shall be provided of other security measures and supporting infrastructure (such as lockers, maintenance stands, showers, drying rooms).

The approved facilities shall be fully implemented and made available for use prior to the first occupation each respective use 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, H2 and SA7 of Brighton & Hove City Plan Part 2, and SPD14: Parking Standards.

37. The development hereby permitted shall not be used/occupied until a Delivery & Service Management Plan for each respective phase (as agreed under condition 3), 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. The Plan shall detail measures to ensure there is no vehicular access within external areas of the Conservation Area including parking unless on temporary basis for servicing and loading/unloading only.

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, H2, SA7 and DM40 of Brighton & Hove City Plan Part 2. 

38. A minimum of 101no. swift bricks shall be incorporated within the development in accordance with the council’s Special Guidance A: Swift Boxes and Bricks for New Developments for major developments. No development above ground floor slab level shall take place until an Installation Plan detailing the type, number, location and timescale for implementation of the bricks has been submitted (which may form an appendix to the Ecological Design Strategy) to the Local Planning Authority for written approval. Advice from a Suitably Qualified Ecologist (SQE) should be sought when designing the Installation Plan and they should provide on-site supervision including ‘Tool-Box-Talks’ where appropriate, to ensure swift bricks are installed correctly. The SQE must submit evidence of the completed installation to the council prior to occupation of any building which contains the bricks.

Reason: To ensure appropriate integration of new nature conservation and enhancement features in accordance with Policy CP10 of the Brighton & Hove City Plan Part One, Policy DM37, H2 and SA7 of the City Plan Part Two, Supplementary Planning Document SPD11 Nature Conservation and Development and Special Guidance A: Swift Boxes and Bricks for New Developments.

39. No development shall take place within the redline and blueline of the application sites (including any site clearance or demolition or site investigation works) until an Ecological Design Strategy (EDS) addressing species mitigation, compensation for the loss of habitat and enhancement including provision of a minimum 20% biodiversity net gain and delivery of wider biodiversity improvements within Benfield Valley (redline and blue line sites) in accordance with Special Area Policy SA7: Benfield Valley of the City Plan Part Two, has been submitted to and approved in writing by the Local Planning Authority. This shall include, but not be limited to, the following:

a)      ecological lighting strategy (note: this has its own condition and should be appended);

b)      swift brick installation plan (note: this has its own condition and should be appended);

c)      planting specification for all habitat types i.e. grassland, scrub, tree and woodland; these must comprise 100% native species;

d)      details of locally sourced seed and its use in lowland meadow and lowland calcareous grassland restoration including provenance/site, harvesting, treatment, storage, ground preparation and application;

e)      minimum of 50No. bat roosting features, 20No. bird boxes (benefitting a range of species known to use Benfield Valley, excluding the 101 swift boxes in part b above), 101No. bee bricks (or suitable alternatives) and dormouse nesting boxes across the wider Benfield Valley; with details on number, model type, location (drawn on a suitably scaled plan), installation method and maintenance;

f)       hedgehog highways in fencing/boundaries across the site, with the location of each hole (minimum 13cmx13cm dimension) drawn on a suitably scaled plan;

g)      specification for the protective wire mesh fencing (at least 2m high) and dense thorn planting adjacent to the east, south and west boundary of the development;

h)      specification for hop-over trees at the site vehicular access and for other pathways/access points across wildlife corridors including along the east boundary and Benfield Conservation Area;

i)        condition survey of the badger tunnel under Hangleton Lane and details of any upgrading works and/or landscape design works (where required) to enable its effective use such as fencing, scrub/screen planting etc.;

j)        minimum 20No. log piles;

k)      dog bins (type, number, location);

l)        details of compost facilities (where required);

m)     landscape planting comprising native species and/or species of recognised wildlife value (minimum 75% by species number);

n)      details of information boards and signage including within Footgolf area

o)      details of a Resident/Users Information Pack and its distribution to be provided to all new residents and occupiers of the development

The EDS shall be laid out to include the following:

i)        purpose and conservation objectives for the proposed works;

ii)       review of site potential and constraints;

iii)      detailed design(s) and/or working method(s) to achieve stated objectives;

iv)      extent and location/area of proposed works on appropriate scale maps and plans;

v)       type and source of materials to be used;

vi)      details for disposal of any wastes arising from works;

vii)     persons responsible for implementing the works; and

viii)    timetable for implementation demonstrating that works are aligned with key stages/phasing of development;

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: To ensure that the measures considered necessary to compensate for the loss of habitats and enhance the site to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, The Environment Act 2021, paragraphs 187 and 193 of the NPPF, Policy CP10 of Brighton & Hove City Council’s City Plan Part One and Policy DM37, H2 and SA7 of City Plan Part Two, and to help meet the ‘Very Special Circumstances’ test in the NPPF for development within a Local Green Space and as the site is a Local Wildlife Site.

40. No development of the redline or blueline application sites shall take place (including any demolition, site clearance or site investigation works) until a Landscape and Ecological Management Plan (LEMP) has been submitted to, and approved in writing by, the local planning authority prior to the start of works. This shall include (but not be limited to) providing details of the management and monitoring of all non-BNG related measures, including artificial nesting/roosting features for birds, bats, dormice and insects (where required), hedgehog holes/hedgehog highway, wire mesh dormouse fencing, hop-over trees, badger tunnel, log piles, information boards, dog bins and disposal method for all arisings including composting facilities (where required). The content of the LEMP shall include the following:

a)      ecological trends and constraints on site that might influence management;

b)      aims and objectives of management;

c)       management prescriptions required to deliver the aims and objectives;

d)      plan showing management compartments and/or location of specific features;

e)      preparation of a work schedule, including an annual work plan;

f)       details of the duration of the plan or specific parts of it, and points at which it will be reviewed and updated (as required);

g)      details of the body/ies or organisation/s responsible for implementation of the plan;

h)      details of ongoing monitoring surveys e.g. of dormouse nest boxes and roosting bats at Benfield Barn and remedial actions/contingencies.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plans shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the plan and in respect of protected species such as dormice and roosting bats. The approved plan will be implemented in accordance with the approved details.

Reason: Biological communities are constantly changing and require positive management to maintain their conservation value. The implementation of a LEMP will ensure the long-term management of non-BNG related measures, and to accord with policies SA7, H2 and DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development.  

41. No development within the redline and blueline application sites (including any site clearance or demolition) shall take place until:  

(a)     a Biodiversity Gain Plan (BGP) has been submitted to the Local Planning Authority, in broad accordance with the measures contained within the application documents; and

(b)     the Local Planning Authority has approved the BGP.

The BGP shall ensure that there is a minimum 20% net gain in biodiversity within the redline and blueline of the application site in Benfield Valley within a 30 year period as a result of the development.

Reason: To ensure the development delivers biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act, and to secure a significant enhancement to biodiversity to comply with policies SA7, H2 and DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development, and to help meet the ‘very special circumstances’ NPPF test given the development is partly within the Local Green Space and is a Local Wildlife Site.   

42. All offsite biodiversity net gain (BNG) must be delivered in Benfield Valley (south of the A27), unless otherwise agreed by the Council in advance of the preparation of the Biodiversity Gain Plan. Any habitats (biodiversity units) within Benfield Valley Local Wildlife Site that are registered on the Biodiversity Gain Sites (National) Register to deliver BNG as part of this application, shall not be sold as surplus units i.e. those in excess of 10%, or sold if any habitats (biodiversity units) have reached their targeted condition within 30 years.

Reason: To ensure the development delivers on-going biodiversity net gain within the Benfield Valley area, to comply with Policies SA7, H2 and DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development, and to help meet the ‘very special circumstances’ NPPF test given the development is partly within the Local Green Space and is a Local Wildlife Site.   

43. No development of the redline or blueline application sites shall take place (including any demolition, site clearance or site investigation works) until a Habitat Management and Monitoring Plan (HMMP) has been submitted to and approved in writing by the Local Planning Authority.  The HMMP must include all offsite habitats within the blueline and all significant on-site habitats which includes, but is not limited to; individual (urban) trees, other neutral grassland, bramble scrub, mixed scrub, lowland calcareous grassland, lowland meadow, lowland mixed deciduous woodland and other broadleaved woodland. The HMMP shall accord with the Biodiversity Gain Plan and include: 

i.        A non-technical summary

ii.       The roles and responsibilities of the people or organisations delivering the HMMP

iii.      The planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan

iv.      The management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the first occupation or use of the development

v.       The monitoring methodology and frequency in respect of the created or enhanced habitat

vi.      Provision for the identification, agreement and implementation of contingencies and/or remedial actions where the results from monitoring show that the conservation aims and objectives of the HMMP are not being met.

The Government's Template (Version 1.0 28/11/23 or most current version) shall be used to write the HMMP. Any priority habitats such as lowland meadow, lowland calcareous grassland and lowland deciduous woodland that are to be enhanced, but are not included in the enhancement tab of the Metric (on a precautionary basis or because of the criteria scoring system) should still be included in the HMMP.

Monitoring surveys shall be undertaken in years 1, 2, 3, 4, 5, 7, 10, 15, 20, 25 and 30, at optimum survey periods for each of the habitats present, and the findings reported using the most current version of the Governments BNG Habitat Monitoring Report Template. Monitoring reports should be submitted to the Council in each year of monitoring for review

A dedicated survey for invasive plant species listed on Schedule 9 of the Wildlife and Countryside Act 1981, as amended and any other invasive species, such as plants listed on the Invasive Alien Species (Enforcement and Permitting) Order 2019 shall be undertaken at an optimal time of the years to inform the HMMP.

The created and/or enhanced habitat specified in the approved HMMP shall thereafter be managed and maintained in accordance with the approved HMMP.   

Reason: To ensure the development delivers biodiversity net gain within Benfield Valley in accordance with Schedule 7A of the Town and Country Planning Act, Policies SA7, H2 and DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development, and to help meet the ‘very special circumstances’ NPPF test given the development is partly within the Local Green Space and is a Local Wildlife Site.   

44. Within 6 months of first occupation/use a Completion Report, evidencing the completed habitat enhancements set out in the approved Habitat Management and Monitoring Plan, shall be submitted to the Local Planning Authority for written approval.  

Reason: To ensure the development delivers biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act, Policies SA, H2 7 and DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development. 

45. No development shall take place within the redline and blueline of the application sites (including demolition, ground works, vegetation clearance) until a Woodland Management Plan (WMP) has been submitted to and approved in writing by the Local Planning Authority. This should include wider areas of woodland in Benfield Valley that are contiguous with land owned by the applicant, particularly those north of Hangleton Lane and adjacent to Hangleton Bypass and the A27. Evidence shall be provided to show that off-site landowners/managers have been approached for this purpose.

The WMP must be informed by a woodland survey undertaken by a suitably qualified ecologist with support from a suitably qualified arboriculturalist; both being experienced in the preparation of a WMPs and during an optimum period for surveying woodland so that woodland ground flora is identified and accurately mapped. Any invasive species should be recorded and mapped with details for their removal/control provided. Aims, objectives and management prescriptions should be provided and reflect the variation in composition, structure and condition of the woodland present. The woodland should be divided into appropriate compartments drawn onto appropriately scaled maps with key woodland features annotated.

Management should be led by protected species mitigation (particularly dormouse), the presence of special interest features such as elm dominated woodland and containment/management of elm/ash disease, which requires consultation with the relevant Council departments. Access management should also form an important part of the WMP, including mechanisms to positively manage public access and maintain ‘core wildlife zones’ with no (or limited) access achieved through the use of formalised footpaths, waymarking/signage, fencing, thorn scrub planting, dead hedging (as required).

A dedicated survey for invasive plant species listed on Schedule 9 of the Wildlife and Countryside Act 1981, as amended and any other invasive species, such as plants listed on the Invasive Alien Species (Enforcement and Permitting) Order 2019 shall be undertaken at an optimal time of the years to inform the WMP.

The woodland shall be managed in accordance with the agreed WMP in perpetuity.

Reason: To ensure that impacts to woodland and the protected species it supports within Benfield Valley are mitigated and to enhance this habitat as required by Section 40 of the Natural Environment and Rural Communities Act 2006, The Environment Act 2021, paragraphs 187 and 193 of the NPPF and CP10 of Brighton & Hove City Plan Part One and Policy SA7, H2 and DM22 of City Plan Part Two.

46. No more than 50% occupation of the residential units hereby approved shall take place until all of the works hereby permitted to the Barn and the provision of the Barn outbuilding workshops (to minimum shell and core) and the associated rebuilding of boundary walls and landscaping within the conservation area have taken place.

The new outbuildings, including workshops and two cottages, hereby permitted shall not be first brought into use until the works to the Barn and the boundary walls hereby permitted have been carried out in full.

Reason: To ensure the timely delivery of heritage enhancements as part of the wider scheme, to comply with policies SA7, DM26, DM29 & DM27 of Brighton & Hove City Plan Part 2, and CP15 of the Brighton & Hove City Plan Part One.

47. No more than 75% occupation of the residential units hereby approved shall take place until the until the following have been provided in broad accordance with the approved landscape plans and as shown in the illustrative masterplan drawing:

a)      a community facility within the Apartment Block D ‘marker’ building (to shell and core);

b)      the community public square;

c)      the food growing/allotment/orchard facilities; and

d)      the landscape works and footpath enhancements to the Northern Downlands.

Reason: To ensure the timely delivery of community facilities and central public realm to serve the new residents, to comply with policies SA7, SA6, DM9, DM22 and H2 of Brighton & Hove City Plan Part 2, and CP12 and CP13 of the Brighton & Hove City Plan Part One.

48. No more than 25% occupation of the residential units hereby permitted shall take place until the Southern Parkland south of Hangleton Lane and associated enhancements as broadly shown on the approved landscape drawings has been provided.

Reason: To ensure the timely delivery of public parkland and associated landscape enhancements to meet the needs of new residents and the wider community, to comply with policies SA6, SA7, H2 and DM22, of Brighton & Hove City Plan Part 2, and CP15, CP16 and CP17 of the Brighton & Hove City Plan Part One.

49. The workshop premises hereby permitted shall be used as F2/E(g)/(d) use classes only and the Barn shall be used as F2 uses only (with ancillary café) and for no other purpose (including any other purpose in Class E or F2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (or any order revoking and re-enacting that Order with or without modification), no change of use shall occur without planning permission being obtained from the Local Planning Authority.

Reason: The Local Planning Authority would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the community, recreation and workshop/employment uses and to protect the amenity of surrounding occupiers, to comply with policies CP2 and CP3 of Brighton & Hove City Plan Part One and SA6, SA7, DM20 and DM40 of City Plan Part Two.

50. No extension, enlargement, alteration of the dwellinghouses or provision of buildings etc  incidental to the enjoyment of the dwellinghouse within the curtilage of the dwellinghouses as provided for within Schedule 2, Part 1, Classes A - E of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (or any order revoking and re-enacting that Order with or without modification) other than that expressly authorised by this permission shall be carried out without planning permission obtained from the Local Planning Authority.

No flat roofs within the development (other than shown as outdoor terraces on the approved drawings) shall be used as a roof garden, terrace, patio or similar amenity area, and access shall be for maintenance or emergency purposes only.

Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties and to the character of the area and heritage assets, and for this reason would wish to control any future development, to comply with policies SA7, DM18, DM21, DM26, DM27 and DM29 of Brighton & Hove City Plan Part 2, and CP12, CP13 and CP15 of the Brighton & Hove City Plan Part One.

51. The dwellings hereby approved shall be implemented in strict accordance with the internal layouts detailed on the approved floorplans (drawing numbers to be added) unless otherwise agreed in writing by the Local Planning Authority. The internal layouts shall be retained as first implemented thereafter. 

Reason: To ensure an acceptable standard of accommodation for future occupiers is provided and maintained thereafter and to comply with policy DM1 of the Brighton and Hove City Plan Part Two.

52. Notwithstanding the details on the drawings hereby approved, details including siting, materials and height of the proposed privacy screens on the raised terraces and balconies shall be submitted to the Local Planning Authority for written approval. The terraces/balconies shall not be first brought into use until the approved screens have been installed on the boundaries of the terraces/balconies. The screens shall thereafter be retained.

Reason: To protect the amenity of neighbouring occupiers and visual amenity, to comply with Policies DM18, DM20 and DM21 of the Brighton and Hove City Plan Part Two.

53. No respective phase of the development shall be occupied until the storage of refuse and recycling serving the individual buildings/uses as shown on the approved drawings has been carried out and provided in full. 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, H2, DM44 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. 

54. A minimum of 10% of the affordable housing and 5% of private market housing hereby permitted shall be built as wheelchair accessible dwellings prior to their respective first occupation unless otherwise agreed in writing with the Local Planning Authority, and shall be retained as such thereafter, as set out in parts A and B below:

A)      all private wheelchair accessible residential units and all affordable units not covered by part B) below shall be completed in compliance with Building Regulations Optional Requirement M4(3)(2a) (wheelchair user dwellings – ‘adaptable’) prior to first occupation and shall be retained as such thereafter.

B)      all affordable wheelchair accessible residential units where the Council is responsible for allocating or nominating the occupier shall be completed in compliance with Building Regulations Optional Requirement M4(3)(2b) (wheelchair user dwellings – ‘accessible’) prior to first occupation and shall be retained as such thereafter.

All other dwellings within the development hereby permitted shall be completed in compliance with Building Regulations Optional Requirement M4(2) (accessible and adaptable dwellings) prior to first occupation and shall be retained as such thereafter. Evidence of compliance shall be notified to the building control body appointed for the development in the appropriate Full Plans Application, or Building Notice, or Initial Notice to enable the building control body to check compliance. 

Reason:  To ensure satisfactory provision of homes for people with disabilities and to meet the changing needs of households and to provide an overall mix of units, to comply with policy DM1 and H2 of Brighton & Hove City Plan Part 2 and CP19 of the Brighton and Hove City Plan Part 1.

55. No development above ground floor slab level shall take place until an Energy Strategy for the development, including non-residential buildings, has been submitted to and approved in writing by the Local Planning Authority. The Strategy shall be broadly in accordance with the approved Whitecode Consulting documents: Sustainability Statement 11924-WCL-ZZ-ZZ-RP-Y-1-002 Revision and Further Responses 14/10/24 & 29/10/24;  Energy Strategy 11924-WCL-ZZ-ZZ-RP-Y-0001 Rev 02 June 2024; and BREEAM New Construction 2018 V6.1 Tracker received 30/10/24, which target a sitewide carbon emission improvement of 65% over Part L of the Building Regulations and BREEAM ‘Excellent’.

The Strategy shall detail the sustainable measures within the scheme including passive and cooling measures, use of circular economy principles, use of sustainable materials in line with the BRE Green Guide (or similar), use of photovoltaic (PV) solar panels on houses and apartment blocks and use of air source heat pumps. It shall detail the siting, number, layout and output of the PV solar panels generated electricity and how they will be shared across the development and to each dwelling/use.

The approved measures shall be implemented within the scheme before first occupation of the building on which they are located.   

Reason: In the interests of sustainability, to comply with policy CP8 of the Brighton and Hove City Plan Part One and H2 and DM44 of Part Two.  

56. No development above ground floor slab level of any dwellings hereby permitted shall take place until details of an Overheating, Ventilation and Noise Mitigation Strategy, which shall include details of mechanical ventilation with heat recovery (MVHR), specialist glazing, upgraded roofs and acoustic boundary treatments, has been submitted to the Local Planning Authority for written approval.

The Strategy shall demonstrate how and where ventilation will be provided to each dwelling within the development including specifics of where the clean air is drawn from and that sufficient acoustic protection is built into the system to protect end users of the development. The approved scheme shall ensure compliance with Building Regulations and include measures to prevent overheating and to limit unwanted solar gains, as well as suitable protection in terms of air quality and noise.

The approved details and measures shall be implemented before to occupation and thereafter retained. 

Reason: To safeguard the amenities of the future occupiers of the development and to be sustainable, to comply with policies DM20, H2, DM44 and DM40 of Brighton & Hove City Plan Part 2 and policy CP8 of City Plan Part One.

57. No development above ground floor slab level of the apartment Blocks A or B hereby permitted shall take place until details of the construction of the green living roof have been submitted to the Local Planning Authority for written approval. The details shall include a cross section, construction method statement, the seed mix, and a maintenance and irrigation programme. The roof of the blocks shall then be constructed and maintained in accordance with the approved details and shall be retained as such thereafter.

Reason: To ensure that the development contributes to ecological enhancement and sustainability on the site and in accordance with Policy SA7, H2 and DM37 of Brighton & Hove City Plan Part 2, Policies CP8 and CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development. 

58. The development hereby approved should achieve a minimum Energy Performance Certificate (EPC) rating ‘B’ for new build residential and non-residential development. 

Reason: To improve the energy cost efficiency of existing and new development and help reduce energy costs and enhance sustainability, to comply with policies H2 and DM44 of the Brighton & Hove City Plan Part Two and CP8 of the Brighton & Hove City Plan Part One.

59. None of the residential units hereby approved shall be occupied until each residential unit built has achieved as a minimum, a water efficiency standard of not more than 110 litres per person per day maximum indoor water consumption.

Reason: To ensure that the development is sustainable and makes efficient use of water to comply with policy CP8 of the Brighton & Hove City Plan Part One.

60. No development above ground floor slab level of the new build non-residential development (the Class F2/E(g)/(d) workshops) hereby permitted shall take place until a Pre-BREEAM Assessment demonstrating how the scheme is targeting a New Construction rating of ‘Excellent’ has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and is on target to meet the standard set out in the application, to comply with policy CP8 of the Brighton & Hove City Plan Part One and DM44 and H2 of City Plan Part Two.

61. Within 6 months of first occupation of the new build non-residential development (the Class F2/E(g)/(d) workshops) hereby permitted, a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the workshop development built has achieved a minimum BREEAM New Construction rating of ‘Excellent’ shall be submitted to, and approved in writing by, the Local Planning Authority.

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with policy CP8 of the Brighton & Hove City Plan Part One and H2 and DM44 of City Plan Part Two.

62. Prior to the installation of any air source heat pumps, details of the Microgeneration Certification Scheme (MCS) 020 assessment shall be provided to the Local Planning Authority for approval. Where the MCS020 assessment does not meet the noise criteria set out then full details of the proposed unit(s) and details of anti-vibration mounts and other noise attenuation measures shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved and thereafter maintained as such.

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

63. Noise associated with any plant or machinery incorporated within the development shall be controlled such that the Rating Level measured or calculated at 1-metre from the façade of the nearest existing noise sensitive premises, shall not exceed the existing LA90 background noise level. The Rating Level and existing background noise levels are to be determined as per the guidance provided in BS4142:2014-A1:2019 (or the relevant updated Standard). In addition, there should be no significant low frequency tones present.

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

64. No customers associated with the F2 and E (g)/(d) uses including footgolf shall remain on the premises/land outside the hours of 08:00 to 21:00 Monday to Saturday and 08:00 to 20:00 on Sundays, Bank and Public Holidays. No other activity (including that associated with staff and deliveries) relating to the non-residential premises in the site shall take place between the hours of 22:00 and 07:30 Monday to Saturday and 21:00 to 07:30 on Sundays, Bank and Public Holidays.  

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

65. The development hereby permitted shall not be first occupied until an External Lighting Strategy has been submitted to and approved in witing but the Local Planning Authority. The Strategy shall incorporate the following:

A)      details of levels of luminance, hours of use, predictions of both horizontal illuminance across the site and vertical illuminance affecting immediately adjacent receptors, hours of operation and details of maintenance;   

B)      details of an Ecological Lighting Strategy (ELS) (which may form an appendix to the Ecological Design Strategy). The ELS shall:

(i)    identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging/commuting. This should apply to woodland/scrub forming wildlife corridors along the eastern, western and southern boundaries and their buffers, to existing roosts at Benfield Barn, identified flights paths to/from roosts and any proposed new roost features in buildings/trees; and

(ii)   protect the above habitats, buffers and features of value to bats by ensuring no light greater than 1 lux (the equivalent of full moon) spills onto them;

(iii)  show how and where external lighting will be installed and operated (through the provision of appropriate lighting contour plans and technical specifications and assessment of potentially sensitive ecological receptors (PSERs) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats (and other wildlife such as dormice and badgers) using their territory or having access to their breeding sites and resting places;

C)      details of how the lighting has had regard to, and will not unduly impact, the South Downs National Park status as a Dark Skies Reserve; and 

D)      evidence that the predicted illuminance levels have been tested by a competent person to ensure that the illuminance levels agreed in parts A-C above are achieved. Where these levels have not been met, a report shall demonstrate what measures have been taken to reduce the levels to those agreed in parts A-C.

All external lighting shall be installed and operated in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of adjoining properties and the visual amenity of the wider area, and in the interests of protecting wildlife as many species active at night (e.g. bats and badgers) are sensitive to light pollution, to comply with policies SA7, H2, CP10, DM20, DM40 and DM37 of the Brighton and Hove City Plan. The introduction of artificial light might mean such species are disturbed and /or discouraged from using their breeding and resting places, established flyways or foraging areas. Such disturbance can constitute an offence under relevant wildlife legislation and the NPPF.

66. No respective land use/phase 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 for that phase to demonstrate how the scheme shall incorporate crime prevention measures.  The agreed measures shall be implemented within each respective use of the development prior to first occupation/use.

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

Informatives:

1. In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development.  The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

2. Due to the desirability of cut elm branches and timber to adult elm bark beetles the Council seeks that all pruned elm material is correctly disposed of. In addition, all elm logs/timber is removed from the Brighton and Hove area or are taken to the Water Hall elm disposal site to be disposed of free of charge. Please call the Arboricultural team on 01273 292929 in advance to arrange this. 

3. Under any circumstances do not sell or give away cut elm timber as firewood to residents with the Brighton and Hove area as this situation has been responsible for many outbreaks of Dutch elm disease in the city. A pile of logs such as this will be an ideal breeding site for beetles which are responsible for spreading Elm Disease.

4. The water efficiency standard required by condition is the ‘optional requirement’ detailed in Building Regulations Part G Approved Document (AD) Building Regulations (2015), at Appendix A paragraph A1. The applicant is advised this standard can be achieved through either: (a) using the ‘fittings approach’ where water fittings are installed as per the table at 2.2, page 7, with a maximum specification of 4/2.6 litre dual flush WC; 8L/min shower, 17L bath, 5L/min basin taps, 6L/min sink taps, 1.25L/place setting dishwasher, 8.17 L/kg washing machine; or (b) using the water efficiency calculation methodology detailed in the AD Part G Appendix A. 

5. The applicant is advised that the details of external lighting required by the condition above should comply with the recommendations of the Institution of Lighting Professionals (ILP) ‘Guidance Note 1 for the Reduction of Obtrusive Light (2021)’ for Zone E or similar guidance recognised by the council.  A certificate of compliance signed by a competent person (such as a member of the Institution of Lighting Professionals) should be submitted with the details.  Please contact the council’s Pollution Team for further details.  Their address is Environmental Health & Licensing, Bartholomew House, Bartholomew Square, Brighton, BN1 1JP (telephone 01273 294490 email: ehlpollution@brighton-hove.gov.uk  website: www.brighton-hove.gov.uk).

6. The applicant should be aware that the site may be in a radon affected area. If the probability of exceeding the Action level is 3% or more in England and Wales, basic preventative measures are required in new houses, extensions, conversions and refurbishments (BRE2011).  Radon protection requirements should be agreed with Building Control.  More information on radon levels is available at https://www.ukradon.org/information/ukmaps

7. The applicant is advised to consult with the sewerage undertaker to agree a drainage strategy including  the proposed means of foul water disposal and an implementation timetable. Please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (tel 0330 303 0119), or www.southernwater.co.uk 

8. The developer is advised to liaise with the local authority (in consultation with Southern Water) regarding any landscaping proposals in proximity of public apparatus in order to protect it in accordance with Southern Water's guidance, prior to the commencement of the development.

9. The applicant is advised that under Part 1 of the Wildlife and Countryside Act 1981 disturbance to nesting wild birds, their nests and eggs is a criminal offence. The nesting season is normally taken as being from 1st March – 30th September so trees and scrub on the site should be assumed to contain nesting birds between these dates, unless a recent survey has been undertaken by a competent ecologist to show that it is absolutely certain that nesting birds are not present. The developer should take appropriate steps to ensure nesting birds, their nests and eggs are not disturbed and are protected until such time as they have left the nest. Planning permission for a development does not provide a defence against prosecution under this Act. 

10. The applicant is advised of the possible presence of bats on the development site. All species of bat are protected by law. It is a criminal offence to kill bats, to intentionally or recklessly disturb bats, damage or destroy a bat roosting place and intentionally or recklessly obstruct access to a bat roost. If bats are seen during construction, work should stop immediately and Natural England should be contacted on 0300 060 0300.

11. The applicants are advised that badgers may be present on site. Badgers and their setts are protected under the Protection of Badgers Act 1992. It is a criminal offence to kill, injure or take badgers or to interfere with a badger sett. Should a sett be found on site during construction, work should stop immediately and Natural England should be contacted on 0300 060 0300.

12. Where possible, bee bricks should be placed in a south facing wall in a sunny location at least 1 metre above ground level and preferably adjacent to pollinator friendly plants.

13. Swift bricks/boxes can be placed on any elevation, but must avoid areas that are exposed to extended periods of direct sunlight or prevailing weather conditions, with shade casting eaves and gable ends being optimum locations. They should be installed in groups of at least three, approximately 1m apart, at a height no lower than 4m (ideally 5m or above), and preferably with a 5m clearance between the host building and other buildings, trees or obstructions. Where possible avoid siting them above windows, doors and near to ledges/perches where predators could gain access. Always use models that are compatible with UK brick/block sizes and consider the potential for moisture incursion and cold spots in the building design. Swift bricks should be used unless these are not practical due to the nature of construction, in which case alternative designs of suitable swift boxes should be provided in their place. If it is not possible to provide swift bricks due to the type of construction or other design constraints, the condition will be modified to require swift boxes.

14. To ensure a safe and accessible environment for cyclists, new development should:

a)      provide for safe, easy, and convenient access for cyclists to/from proposed development; and

b)      where appropriate extend, improve, or contribute towards the city’s existing network of high quality, convenient and safe cycle routes; and

c)      protect existing and proposed cycle routes unless satisfactory mitigation is provided, or provision is made for an alternative alignment; and

d)      provide for sufficient levels of cycle parking facilities in line with the Parking Standards for New Development (Appendix 2) (and any subsequent revisions) which must, wherever possible, be universally accessible, under cover, secure, convenient to use, well-lit and as close to the main entrance(s) of the premises as is possible. Short stay visitor cycle parking could be uncovered but must be located close to the building entrance(s) and benefit from high levels of natural surveillance; and

e)      make provision for high quality facilities that will encourage and enable cycling including communal cycle maintenance facilities, workplace showers, lockers and changing facilities.

It should be noted that the Highway Authority will not approve vertical hanging racks as they are difficult for many people to use and therefore not considered to be policy and Equality Act 2010 compliant; but approves of the use of covered, illuminated, secure ‘Sheffield’ type stands spaced in line with the guidance contained within the Manual for Streets section 8.2.22; and will also consider other proprietary forms of covered, illuminated, secure cycle storage including the ‘slide cycle in’ type cycle store seen in railway stations, the ‘lift up door’ type cycle store, the metal Police approved ‘Secure-By-Design’ types of cycle store, the cycle ‘bunker’ type store and the ‘two-tier’ type system again seen at railway stations where appropriate. Where appropriate, provision should be made for tricycles, reclining cycles and ‘cargo bikes’.

15. The applicant is advised that the disabled car parking spaces should be designed in accordance with Inclusive Mobility (formerly Department for Transport Traffic Advisory Leaflet 5/95 Parking for Disabled People) and BS8300:2001.26. In combination these two documents require at least a 1.2m clear zone to both sides and roadway end of the bay.

16. To align with CP9 and DM33 Sustainable Transport of the City Plan footpaths / footways must be safe, convenient (minimum of 1.5m wide), have gradients in preference to steps for the mobility impaired and waste disposal operatives (the steeper the gradient the shorter its length should be), have handrails where appropriate (average height 900mm to 1000mm and a lower rail if necessary set at 550mm to 650mm to aid and stop children and anyone else from falling through), be made of appropriate materials to appropriate methods and standards, well-lit and where appropriate well signed. It should also be noted that if steps are proposed then the ‘going’ should preferably be 300mm and the ‘rising’ should preferably be 100mm. For further information consult the Department for Transport Inclusive Mobility and Manual for Streets documents. Also, if footways are proposed to be adopted, to adoptable standards and/or are on the adopted (public) highway then they will need to be designed and constructed to a licence from the Highway Authority. The applicant must contact the Council’s Streetworks Team (permit.admin@brighton-hove.gov.uk 01273 290729) at their earliest convenience to avoid any delay and prior to any works commencing on the adopted (public) highway.

17. In the absence of local guidance, the highway authority requests that the applicant consult Transport for London guidance on the contents and production of their CEMP which is described as a Construction Logistics Plan here https://tfl.gov.uk/info-for/urban-planning-and-construction/transport-assessment-guide/freight and here https://content.tfl.gov.uk/clp-guidance-clocs.pdf . Developers are liable to fund highway repairs for damage caused by their construction traffic. Details of haul routes contained within your CEMP, and inspections, will be used to make assessments of any damage caused by your construction. BHCC LHA map the condition of the highways annually and unless you commission a pre-construction highway condition survey you will be bound by the most recent survey.

18. The applicant is advised that for street design guidance they should at least refer to the Department for Transport’s Manual for Streets documents and the Department for Transport’s Inclusive Mobility document. Where changes occur, the design is to include footway, carriageway, landscaping, street lighting and surface water drainage designs, construction methods and materials, dimensions, gradients, levels, radiuses, alignment (horizontal and vertical), general arrangement and vehicle swept path analysis drawings for a standard size fire engine, large ambulance and standard size waste disposal vehicle. The construction shall be carried out in accordance with the approved Section 278 (of the Highways Act 1980) Agreement. The applicant must contact the Highway Authority by e-mail (s278@brighton-hove.gov.uk) at their earliest convenience to avoid any delay and prior to any works commencing on-site and on the adopted (public) highway. An assigned officer telephone number will be supplied in the e-mail response to provide a point of contact regarding the submission and Section 278 (of the Highways Act 1980) Agreement.

19. Biodiversity Net Gain - The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that 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 if one is required in respect of this permission would be Brighton and Hove City Council. There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

20. Irreplaceable habitat – If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans. The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat. The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.

21. The effect of section 73D of the Town and Country Planning Act 1990 - If a subsequent planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to this previous original planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted. Those circumstances are that the conditions subject to which the section 73 permission is granted:

(i)      do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and

(ii)     in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.

22. The applicant is strongly advised to consider registering the scheme with the People’s Trust for Endangered Species (PTES) as part of the National Dormouse Monitoring Programme (NDMP); this would require a minimum of 50 dormouse boxes to be installed across the wider Benfield Valley.

23. The information boards, signage and the Residents Pack required for the Ecological Design Strategy shall include information to aid awareness of the potential impacts caused by increased visitor pressure and housing including (but not limited to); dog-fouling, the need to keep dogs on leads (particularly during the bird nesting season), pet disturbance/predation (specifically on bird and dormice populations), not keeping to paths and fly tipping (including green waste/invasive plants) and advocacy of the hedgehog holes/highway. A printed leaflet should be designed for inclusion in a Residents’ /Users Pack (or equivalent web-based approach). At least one information board shall be installed at a main access point at the development site and two information boards installed in the Southern Parkland. Details for the information boards should include location, specification of board, stand and final design of the information panel. Details for the Footgolf signage should include design/materials, wording, number and locations (drawn on a suitably scaled plan).

2. SITE LOCATION

2.1. The site is located to the north-west of the city, between Hangleton and Portslade. The application site forms part of a wider site known as Benfield Valley which has its own Special Area policy (SA7) in the Brighton and Hove City Plan Part Two (CPP2).

2.2. The wider Valley is bordered to the north by the A27 road, to the south by the Old Shoreham Road (A270), to the west by the Hangleton Link Road (A293) and to the east by Hangleton Road and other residential roads. The Valley slopes down from north to south (and also slopes up to the east and west) and currently contains major open spaces at the northern and southern ends, used for footgolf and public recreation/sports respectively. The Sainsburys superstore is located in the middle of the Valley. The Valley contains suburban housing development to the east, south and west. The South Downs National Park is located to the north, beyond the A27. Hove Park Secondary School (Valley Campus) is located to the east of the Valley, to the south-east of the application site.

2.3. The application site is located to the north of Hangleton Lane and the application also proposes landscape/ecological works within/around the footgolf areas to the north and the creation of a new public park to the south of Hangleton Lane, on land controlled by the applicant. There is an existing vehicular access serving the footgolf and Barn off Hangleton Lane and a car park.

2.4. The site includes the small Benfield Barn Conservation Area which contains the grade II listed Benfield Barn (currently used in connection with the footgolf use and including a cafe). A number of derelict/limited remains of Barn buildings and walls are located to the east and south of the Barn, including the ruins of a terrace of 4 cottages (on the site of a former hunting lodge) and various ruined agricultural outbuildings. The area north of Hangleton Lane is an Archaeological Notification Area. The wider Valley setting contains a number of listed buildings including St Helen’s Church (grade II*) within the Hangleton Conservation Area to the east, Hangleton Manor (grade II*) (now a pub/restaurant) and associated buildings, and the Foredown Tower (which is locally listed) is to the west across the Valley.

2.5. The Valley is not formally designated as Open Access land but contains a number of public footpaths throughout and is well-used by the public for informal and formal recreation. There is a BMX track to the south of Hangleton Lane.

2.6. Benfield Valley contains one of several urban fringe sites so is partly allocated for housing (Policy H2). Most of the Valley (except for housing allocations) is designated as a Local Wildlife Site and Local Green Space in the City Plan. The site contains scrub and also woodland along its edges and there are two Woodland Tree Preservation Orders covering parts of the Valley north and south of Hangleton Lane.

3. RELEVANT HISTORY

3.1. PRE2023/00044 Pre-application advice given by the Local Planning Authority (LPA) including input from specialist consultees and the Design Review Panel (see below). The scheme was also presented to Planning Committee councillors at pre-application stage.

Design Review Panel (DRP):

3.2. Two options were considered – one option following the split site allocations north and south of Hangleton Lane, and one consolidated option to the north only.

3.3. The DRP felt it was unfortunate that the development of this site will further erode the distinctive chalk landscape of Benfield Valley, however, they were excited by the potential for community engagement and co-design, the repair and re-use of historic buildings, and the opportunity to recover, restore and enhance the ecological richness of the site.

3.4. The DRP found that the consolidated scheme offered a set of clear advantages over the two-site scheme in terms of landscape and biodiversity impact, carbon footprint, affordable housing provision, access, and overall community benefit – provided that the southern site is secured as a community asset in perpetuity.

3.5. The DRP felt that the applicant team had made a compelling case for the place-making benefits of the consolidated scheme. Despite being contrary to policy, they broadly supported the consolidated option due to its efficient use of land, the reduced encroachment on the ‘green wedge’, the safeguarding of more ecological habitats, its less carbon-intensive construction, and the allowance of higher density development with more compact building typologies and better form factors.

3.6. The DRP recommended that further work was required to strengthen connectivity with the surrounding community and foster social activity within the heart of the scheme. More civic uses should be integrated.   Also moving the scheme eastwards was recommended to further protect and strengthen the ecological corridor to the west and integrate the historic footpath to the east into the proposal. The DRP also recommended exploring the geology and rock formations of the site to aid in developing a place-based material, texture, and colour palette.

Applications:

3.7. BH2024/01721 (Concurrent Listed Building Consent application) External and internal works to Benfield Barn including glazing of former threshing doors to facilitate use as a community hub facility. Erection of 1-2 storey workshop buildings within footprints of the Barn outbuildings with retention of ruined walls. Demolition of derelict cottages and erection of new dwellings. Works to boundary walls and landscaping. Under Consideration

3.8. BH2024/01638 & 01637 Reconstruction of a collapsed flint wall Under Consideration

3.9. BH2022/01305 Application for approval of details reserved by conditions 3 (Car Park Layout), 4 (Construction Environmental Management Plan: Biodiversity), 5 (Method Statement for Protection of Species), 6 (Ecological Design Strategy) and 7 (Tree Protection Scheme) of application BH2021/00795. Approved 7/02/23

3.10. BH2021/00795 Resurfacing of existing car park and creation of landscaped bunds along car park boundaries. Approved 5/8/21

3.11. BH2010/02266 Infill of existing Barn doors at rear elevation and replacement with high level windows to match existing incorporating security grills over. Approved 30/9/10

3.12. BH2006/00988 Construction of timber structures to provide shelter for proposed driving range, 3m fence to part perimeter, laying out of all weather sports pitches to south site. Refused 29/6/06

3.13. BH2006/00990 Outline application for semi sunken building to provide golf course reception, changing rooms, bar, pro shop, gym with swimming pool. Refused 29/06/06

3.14. BH2006/00989 Change of use of Barn and restoration/rebuilding of derelict outbuildings to form licensed cafe/restaurant and overnight Lodge accommodation, associated landscaping works to Barn complex and car park. Refused 29/06/06

3.15. BH2005/01362/FP Erection of a temporary single storey building to provide reception office and customer toilets for a period of 2 years. (Replacement of existing facilities sited within Benfield Barn). Approved 19/08/05

Environmental Impact Assessment (EIA):

3.16. At the applicant’s request, the development proposal was formally ‘screened’ by the Local Planning Authority (LPA) under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (as amended) on 1/3/24.

3.17. The LPA determined that given the location, scale and nature of the proposal, it was unlikely to give rise to ‘significant environmental effects’ as defined in the EIA Regulations. Notably, the proposal does not fall within the scope of Schedule 1 Development and was significantly below the thresholds and criteria to qualify as Schedule 2 Development. Moreover, the proposal is not located in a designated ‘sensitive area’, defined as: a Site of Special Scientific Interest, a National Park, the Broads, a UNESCO World Heritage site, a scheduled monument, an Area of Outstanding Natural Beauty or a European site. On this basis it was concluded to not constitute EIA development.

4. APPLICATION DESCRIPTION

4.1. In summary, planning permission is sought for the following:

“Development of 101 dwellings (C3 use) of 2-4 storeys high to include change of use of part of footgolf course and car park (F2 use) and part demolition of derelict cottages and erection of new dwellings. Works to Benfield Barn to create community hub facility including café and footgolf use (F2 use). Erection of new workshops of 1-2 storeys within footprints of Barn outbuilding ruins (E(g)/F2 use). Community use on ground floor of new residential marker building (F2 use). Landscaping works including allotments/orchards. Ecological works. Creation of and upgrades to pedestrian and cycle routes. Associated alterations to existing vehicular access off Hangleton Lane and provision of car and cycle parking. Associated off-site landscaping and ecological works to wider Valley including provision of parkland south of Hangleton Lane for community use.”

4.2. In greater detail the following is sought:

Housing Mix

· 39 houses, 62 flats/maisonettes (in 3 blocks).

· Overall size mix:

o 18no. 1-bed,

o 19 no. 2-bed,

o 31 no. 3-bed,

o 33 no. 4-bed (equating to 63% family sized units of 3 beds or more).

· 40% affordable units are proposed (40no.), with tenure split of 55% social/affordable rent (22no.) and 45% intermediate/affordable ownership eg shared ownership (18no.). Size of affordable units: 72.5% 1-2 bed, 27.5% 3 and 4 bed.

· 10% wheelchair accessible units in affordable (4no.), 5% of private units (3no.).

Parking/access

4.3. The current vehicular access off Hangleton Lane will be the only vehicular access to/from the site and its design will be improved. A ‘shared surface’ approach to the estate design is proposed. The conservation area will be car-free, except for temporary loading/unloading.

4.4. A total of 141 car parking spaces are proposed to serve the development, indicatively allocated as follows:

· 52 in-curtilage residential spaces,

· 47 on-street residential spaces,

· 36 visitor spaces (shared between residential and footgolf/community/workshop visitors),

· 2 car club spaces and

· 4 workshop spaces.

4.5. Cycle and motorcycle parking is also proposed.

4.6. A new pedestrian/cycle only access is proposed from Sylvester Way to link the housing to the east of the site to the Barn and community/commercial uses and Valley beyond. On and off-site footpath and crossing improvements are proposed and a package of sustainable transport improvements including to nearby bus stops.  

Landscape, ecology and recreation

4.7. Ecological and landscape improvements are proposed within the wider site, southern parkland and footgolf area. The main proposals include:

· Formal public access and creation of parkland to south of Hangleton Lane

· Habitat improvements and creation, scrub management/planting, grassland improvements, wildflower planting, hedge planting

· Woodland enhancement, removal/planting of trees: Proposed planting of 238 new trees; total of 21 individual trees removed, as well as 13 groups and 5 parts of other groups. Of these, 6 individual trees and 1 group are BS Category U (dead/dying) trees and all but 3 of the remainder are the lower value BS Category C. One protected (woodland TPO) Category C tree to be removed. .

· Installation of habitat protection (predator-proof) fencing

· Reptile translocation (within Benfield Valley)

· Installation of bat/bird boxes/bricks, log piles, bee bricks

· Provision of 19.8% BNG across the wider Benfield Valley site

· Improvement to existing footpaths including surfacing, creation of footpaths on current desire-lines and introduction steps/ramps in parkland

· Gateway and wayfinding measures

· Natural informal play features, seating, slightly re-sited and improved BMX track in parkland

· Outline Management Plan for all areas – residential, footgolf and southern parkland, conservation area

· Relocation of 2 no. footgolf holes within northern areas of previous landscaping (no overall loss of playable area, total 9 holes)

· Enhancement of reception/check-in area and customer facilities for footgolf in Barn and new dedicated machinery store/workshop

4.8. Within the residential scheme a dedicated area for food growing (allotments/orchard) is proposed, as well as a car-free small central square area. It will also contain a community premises and informal children’s play and seating etc.

4.9. Ecological/landscape/heritage information and interpretation materials, eg signage and boards, are proposed throughout the wider site and in the Barn.

Design/Materials

4.10. A relatively high-density housing layout is proposed (approximately 53-55 dwellings per hectare) which includes a mix of houses and flats, of contemporary design. Each unit has private amenity space in the form of a courtyard garden, terrace or balcony. A variety of different house/building types are proposed, some detached, semi-detached and terraced, with a mix of pitched and flat roofs. The main materials proposed include clay pavers, tiles and panels, large light-grey clay hanging tiles, clay stock bricks, flint and chalk, bronze/copper-like metal cladding, timber, bungaroosh panels, cement fibre balustrades, composite window/doors. Air source heat pumps are included within the scheme.

Conservation Area – Barn, workshops

4.11. The current footgolf leisure use is to be retained north of the residential proposal and a footgolf reception/check-in retained within the Barn. A footgolf machinery/storage workshop is proposed in a new outbuilding to the rear. The Barn will be primarily used for community use with an ancillary café (including external seating). Four further 1-2 storey workshops will be built within the historic footprints of the ruined outbuildings to the rear of the Barn, with flexible recreation/community/office/light industrial workshop use.

4.12. The new workshops would be of contemporary design with dark bronze aluminium cladding. The outbuilding ruins would be stabilised and retained within the scheme as a feature. The historic flint boundary walls around and within the conservation area site would be re-built. The listed Barn would have minimal alteration, the main change being installation of new glazed full height threshing doors in the existing openings behind the timber doors and creation of ancillary facilities including internal toilets, kitchen etc. The 4 ruined cottages to the south of the Barn would be replaced with a pair of 2 semi-detached cottages of contemporary design incorporating metal cladding. Their existing chimney stack will be retained as a central feature. Landscaping improvements are proposed to the conservation area including the provision of resin-bound surfacing. A new pedestrian/cycle link through to Sylvester Way is proposed to the east of the conservation area.

Amendments

4.13. The scheme has been amended since first submitted, and additional information submitted, with the main changes relating to the following:

· A revised red-line and layout, with development moved away from south-western boundary and protected TPO woodland, and associated revisions maintaining same number of residential units overall - including additional storey to a block of flats in s/w corner

· Updated housing mix

· Updates to associated reports relating to landscape and visual impact, design, heritage, trees, drainage

· Updated ecological information including Ecological Assessment, BNG Metric and National Classification Report

· Revised landscape and masterplan plans

· Submission of an Outline Landscape Management Plan

· Transport Assessment Addendum including Equality Impact Assessment, Stage 1 Road Safety Audit and revised parking allocation plan

· Further details of Sylvester Way access

· Amended design, fenestration, improved outlook for community building

5. REPRESENTATIONS

5.1. In response to publicity, 278 no. representations of objection have been received from residents and from the Council for the Protection of Rural England (CPRE), Benfield Valley Project, Sussex Wildlife Trust and Brighton Downs Alliance, on the following grounds:

Loss of green space/wildlife habitat

· Local Wildlife Site and Local Green Spaces should not be built on and protected in principle, only brownfield sites

· Is contrary to policy

· Lease should be made available to local residents to maintain as community space for wellbeing and education

· Adverse impact on biodiversity and protected species, irreversible habitat loss and degradation/fragmentation

· BNG not high enough, achieved too slowly

· Translocation of species not adequate solution

· Questions about proposed management, no long-term stewardship

· Trees will be felled

· Loss of green space/recreation

· Parkland should be rewilded rather than a community park

Flood/pollution risk

· Will exacerbate flood risk issues

· Could pollute groundwater/adverse impact to aquifer

Adverse transport impact

· Transport Assessment flawed

· Additional traffic/congestion including on A27

· Will cause highway safety problems, visibility poor and crossings

· Pathways are too narrow, shared cycle/foot ways unsafe

· Pedestrian/wheelchair routes through development insufficient/not safe

· Access not suitable

· Not enough parking including for disabled people, will result in overspill

· overdevelopment/excessive density

Overdevelopment/poor design/impact on heritage assets

· Overdevelopment, density too high

· Dwellings and gardens are too small

· Design, materials and height inappropriate

· Adverse impact on conservation area and listed buildings and walls

· Adverse impact on archaeological site

· Adverse impact on National Park

Loss of amenity

· Overshadowing/loss of light

· Loss of privacy

· Overbearing, too high and too close to properties

· Will create air quality issues

· Will cause light pollution

· Will cause noise/disturbance

· Loss of view

Other

· Will put strain on services such as GPs, schools

· Another community hub not needed

· Development not sustainable, contrary to climate emergency and net zero

· Affordable housing proposed will not be truly affordable

· Detrimental effect on property value

· Development reneges on previous promises/covenants not to develop in the Valley

· Amendments do not overcome previous concerns

5.2. In addition, 10no. representations of comment/support including from the Regency Society and Hove Civic Society on the following grounds:

· Good design, appropriate scale, shows sensitivity to the context; imaginative interrelationship of spaces, marker buildings etc

· Site is identified for housing therefore this land use is appropriate

· Decision to not divide the site in two, varying the City Plan allocation is justified.

· Heritage assets imaginatively repurposed and integrated into the development

· Road traffic kept to a minimum.

· Proposal can become an exemplar for future developments in the city

· Barn will provide significantly improved footgolf reception, toilets and café;

· New workshops/cottages remove unsightly ruins, a health/safety issue and fly-tipping risk

· No loss of playable footgolf area overall

5.3. Councillor John Hewitt: Objects to the proposal. A copy of his representation can be found at the end of this report.

6. CONSULTATIONS

External:

6.1. Brighton & Hove Archaeological Society: Comment.

The proposed development is close to the area of a large medieval farmstead and is relatively close to the location of a Saxon burial found on the golf course. Part of the Benfield valley was the subject of archaeological investigation prior to the creation of the Brighton bypass. The County Archaeologist should be contacted for their recommendations.

6.2. Conservation Advisory Group: Approval recommended.

This is a well-presented application. The lack of detail to the listed barn are of some concern and appropriate pre-commencement conditions will therefore be required.

6.3. County Archaeology: No objection subject to conditions

As per submitted details, the potential of the site to contain archaeological remains of prehistoric and Romano-British origin is moderate but we consider the potential for Anglo-Saxon remains to be high.  The potential of the site to contain archaeological remains of medieval or post-medieval origin is high. The site does not appear to contain any superficial geological deposits.

6.4. It is acknowledged that a geophysical survey carried – out across part of the application site did not record any obvious anomalies interpreted as clear archaeological features. Nevertheless, in my opinion, any groundworks undertaken at the site have the potential to expose in-situ archaeological cut features, structures, deposits and artefacts that shed light on past socio-economic activities carried – out in the Benfield Valley.

6.5. In light of the potential for impacts to heritage assets with archaeological interest resulting from the proposed development, the area affected by the proposals should be the subject of a programme of archaeological works (and written scheme of investigation) secured via condition.

6.6. County Ecologist: No objection subject to condition

Summary:

6.7. Provided the recommended mitigation, compensation and enhancement measures are implemented, the proposed development can be supported from an ecological perspective. It is likely that at least 20% BNG (biodiversity net gain) can be achieved which, in our opinion, would deliver significant enhancement to Benfield Valley in accordance with Policy SA7; as such the council may wish to secure this.

Main detailed comment:  

6.8. With exception to the c. 0.23ha area used as the Brighton Footgolf car park, the entire application site is located within Benfield Valley Local Wildlife Site (LWS). The site contains 2 woodland TPOs, one to the north and one to the south of Hangleton Lane. The northern TPO is unique in supporting a group of mature hedgerow elms with natural form and good physiological condition and likely forms the only elm woodland in the city. It is also remarkable in showing (to date) resistance to Elm Disease.

6.9. The key habitats/features of Benfield Valley LWS are its mosaic of deciduous woodland, neutral grassland, calcareous grassland and scrub habitats within the urban area of Hove which provides a connection to the surrounding South Downs, helping to bring wildlife into the city and enabling local residents to appreciate nature. It is also connected to adjacent LWSs which together contain an extensive area of unbroken scrub vegetation along the northern edge of Hove, providing an important resource for species such as hazel dormouse, enabling their movement and dispersal across the local landscape. Parts of the woodland qualify as lowland mixed deciduous woodland which is a Habitat of Principal Importance (HPI) under Section 41 of the NERC Act and lowland calcareous grassland HPI is also present. Notable species include the white-letter hairstreak and brown hairstreak butterflies, slow-worm, common lizard, hedgehog and hazel dormouse. Bats are known to roost at Benfield Barn.

6.10. Special Area Policy SA7: Benfield Valley of the City Plan Part Two states that land at Benfield Valley ‘will be protected and enhanced as an important green wedge into the urban area, a valued Local Wildlife Site (LWS) and Local Green Space’. The housing allocations in Policy H2 are expected to incorporate appropriate buffers, landscaping and screening.

6.11. The effects to Benfield LWS are considered to be direct habitat loss and operational impacts including: recreational pressure e.g. trampling, soil erosion and litter; pet disturbance/predation; and noise and light pollution etc. These are assessed as being of moderate to high magnitude.

6.12. Both parcels of the allocated site (located to the north and south of Hangleton Lane) would, if developed, result in part of Benfield Valley LWS being lost and impacts to the protected species it supports. This application departs from policy as it consolidates the allocation into one development, located to the north of Hangleton Lane. This approach significantly reduces the loss of woodland/trees with only 0.093 of other broadleaved woodland lost to the proposed development site. Whilst this approach consolidates impacts to the north of Hangleton Lane it has been demonstrated that loss of the main habitats present, i.e. scrub/woodland and individual trees (which are c. 38% and c. 16% of the total site area, respectively), can be compensated for through offsite planting. Also, that impacts to protected species (namely dormice, reptiles, bats and badger) can be mitigated and protected species licences for dormice and bats are likely to be obtained as their favourable conservation status can be maintained long-term.

6.13. In terms of loss of connectivity in this part of Benfield Valley the most important wildlife corridors along the east and west sides of the Valley will be maintained. Whilst the ability of wildlife to move east to west across the centre of the site will be significantly reduced (as this represents the core development area), the vegetated corridors along the northern and southern boundaries to the scheme will be retained and enhanced. In terms of development options we therefore support the proposed ‘consolidated scheme’ over the allocated site which would result in development on both sides of Hangleton Lane, albeit at lower density.

6.14. The application contains significant ecological information. The following have been considered as part of our assessment: BNG, woodland/trees; bats; dormouse; amphibians; reptiles; invertebrates; badgers; breeding birds; hedgehogs; vegetation including grassland; green roofs; and lighting. To mitigate LWS impacts, compensatory planting (both onsite and offsite in the wider Benfield Valley), protective fencing, the education of residents and a sensitive lighting plan are all proposed. In addition, measures are proposed to address impacts to species and habitats that are a feature of the LWS, such as bats, dormice and woodland. The proposals also include embedded mitigation, and the measures contained within the application including Landscape Plans are welcomed. The amendments to move the layout away from the south-western TPO woodland is welcomed including strengthening the wester buffer, eastern corridor, entrance planting and introduction of predator fencing/planting.

6.15. The site offers opportunities for enhancement that will help the Council address its duties and responsibilities to provide a mandatory minimum of 10% BNG, and other biodiversity enhancements under national and local planning policy. Once additionality is taken into account +19.8% BNG can be achieved and there is a buffer in place given some habitats are being enhanced but are not in the Metric (on a precautionary basis). This figure is almost twice the mandatory requirement and, along with the buffer, gives the Council certainty that 1) further core reptile habitat can be found as part of the pending reptile mitigation strategy, 2) the dormouse EPSM licence can be obtained, and 3) the scheme can deliver significant enhancement in Benfield Valley to comply with Policy SA7. In regard to Policy SA7, the Council may wish to secure a higher BNG percentage than the mandatory requirement of 10%; with 20% being both attainable and reflective of ‘significant enhancement’ in our opinion.

6.16. Conditions should seek a joined up approach to management, and secure the following: a Biodiversity Method Statement, an Ecological Design Strategy, and Landscape and Ecological Management Plan, a BNG Biodiversity Gain Plan, a Habitat Management and Monitoring Plan (and monitoring fees), a Woodland Management Plan, an Ecological Lighting Strategy, a Biodiversity Construction Environmental Management Plan, Reptile Mitigation Strategy (translocation), residents information, site information, green roofs, and other (non-BNG) measures such as bat and bird nest boxes, badger tunnel, log piles, dog bins and hedgehog holes.

6.17. County Landscape Architect: No objection subject to condition

Initial comments:

6.18. The proposed development of the northern parcel would extend further to the north and east than the allocated site. A landscaped buffer would be provided on the northern side of the development which incorporates an existing tall established hedge. A generous green corridor would be retained either side of the existing public footpath, which runs along the western side of the proposed development. A landscaped buffer with significant tree planting is proposed on the eastern side of the site between the new houses and the back gardens of Hangleton Valley Drive.

6.19. The access to the northern parcel would be largely accommodated via an existing vehicle access. This would require the loss of some trees and scrub. Should the southern site be developed this would require a vehicle access through existing woodland and the removal of up to 100 trees.

6.19.

6.20. The landscape design approach and strategy propose retained green corridors to the west and east of the houses. The western corridor is comprised of existing scrub which would be managed and new tree planting incorporated. An important consideration on this boundary will be the relationship of the rear gardens with the public spaces. The applicants have confirmed that there would be no direct access from these properties into the open space. The rear boundaries would be designed to ensure security for the properties from the public realm. There would be several public access points from within the development to the footpath and open space and this would help to encourage access to the space and safety through surveillance.

6.20.

6.21. The landscape strategy would provide generous tree planting along the eastern landscape buffer and within the development, as street trees. This would help to integrate the proposed development into the landscape and mitigate it from surrounding elevated viewpoints. Trees would be used to emphasise the landscape gateways from the public footpath into the western side of the development.

6.22. The masterplan proposes to enhance the open space to the south of Hangleton Lane. This area is currently poorly maintained and lacks sense of place. It is well used and there are clear desire lines and an informal bike track. Some of the paths are overgrown and intimidating as there is a lack of natural surveillance. The proposals to improve signage, upgrade and formalise paths, provide focal areas with seating and natural play will enhance the space. These improvements should increase use and encourage residents to linger and make the space attractive to a wider range of users. The proposed biodiversity enhancements would benefit people as well as wildlife and make the space more attractive for all users.

6.23. The landscape proposals for the footgolf site, which lies to the north of the proposed houses, will help to screen the site from wider views to the north. They will improve the area for wildlife and for the experience of users of the footpath network.

6.24. Visualisations have been provided from key viewpoints within the urban area and wider locations in the South Downs National Park (SDNP).  From some viewpoints to the north the northern edge of the development would be perceptible as new rooftops. These would be seen against the backdrop of the existing urban area. In views from surrounding elevated areas most of the proposed development would be screened by intervening topography and vegetation.  The northern edge of the development would be perceived in close views from footpath H8a. With the proposed landscape mitigation in place, it is not considered that this would have a significantly greater adverse effect on these views than a reduced scheme within the footprint of the area allocated in Policy SA7. In the view from St Helens Park the rooves of the proposed houses would be perceived above the existing built-up area and would not be intrusive.

6.25. The proposal for a well-designed, landscape led development in the northern parcel could comply with Policy SA7 in terms of protecting the green wedge. The key landscape considerations would be that the enhancements and management of the southern parcel of open space are secured in perpetuity. The detailed design and long-term management of the landscape buffers to the west and east of the proposed development will also be important factors.

6.26. A landscaping/ecological scheme and management plan should be secured via condition.

Amended scheme:

6.27. An addendum to the Landscape and Visual Assessment has been provided and this discusses the potential visual effects of the amended scheme from key viewpoints. This report concludes that the effects on landscape character and views will remain the same as for the original scheme. These conclusions are not contested.

6.28. The Outline Landscape Management Plan sets out suggested management for the various landscape areas. The approach for the valley to be separated into distinct landscape character areas is supported and should help to reinforce local distinctiveness and sense of place.

6.29. Environment Agency: No objection subject to condition

The identification of unspecified tanks on and near the site presents a medium risk of contamination that could be mobilised during construction to pollute controlled waters. Controlled waters are particularly sensitive in this location because the proposed development site is located upon a principal aquifer.

6.30. The application’s Report on a Phase 1 Desk Study, Benfield Valley, Hangleton Lane, Portslade, Brighton, Ground Engineering Limited, March 2024, (Reference: 109985) demonstrates that it will be possible to manage the risks posed to controlled waters by this development. Further detailed information will however be required before built development is undertaken and can be secured via conditions.

6.31. A remediation strategy, verification report and measures to mitigate any previously unidentified contamination should be secured. Without these conditions we would object to the proposal in line with the NPPF because it cannot be guaranteed that the development will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution.

6.32. Historic England: Comment

We are content for the application to be determined by the LPA following their own specialist conservation advice.  

6.33. National Highways: Comment

The site is in the vicinity of the strategic road network (A27) and we are interested as to whether there would be any adverse safety implications for this SRN because of this proposal.

6.34. The applicant engaged National Highways (NH) in pre-application advice, and the proposed trip generation and distribution was agreed. Whilst the approach to the submitted Transport Assessment (TA) is not agreed (due to no reference to Circular 01/2022), a review by NH has concluded that in this instance, the requirement to change the TA would not materially affect the impact on the SRN. The applicant has conducted a short queue survey of the off slip from the A27 to ascertain if there would be a safety issue exacerbated from the proposed development. Having reviewed the survey, NH agrees that no specific mitigation for safety is required in this instance.

6.35. It is recommended that a condition be attached to secure a Construction Traffic Management Plan.

6.36. Natural England: No objection.

NE considers that the proposed development will not have significant impacts on statutorily protected nature conservation sites.

6.37. Natural England has concluded that impacts on the nationally designated landscape (National Park) and the delivery of its statutory purposes to conserve and enhance the area’s natural beauty wildlife and cultural heritage of the park; and to promote opportunities for the understanding and enjoyment of the special qualities of the park by the public, can be determined locally by the local planning authority, with advice from its landscape or planning officers.

6.38. South Downs National Park Authority: Comment

The application site is located approximately 470m to the south of the boundary of the National Park, with the A27 Shoreham Bypass in between. It is noted that the northern consolidated site, as opposed to the split site, encroaches further into the Local Green Space and is closer to the National Park boundary.

6.39. It is clear that impact on ecology is a significant consideration for the proposed development. The site would likely be present form views towards the SDNP from nearby footpaths, however, owing to the separation distance to the SDNP boundary, any impacts to its setting would be limited on the basis that residential development already extends up to the A27 either side of the Valley.

6.40. Development within the site and wider Valley provides a great opportunity to improve pedestrian and cycle links into the SDNP, which could be a real benefit of the proposal.

6.41. A sensitive approach for lighting is required to protect the SDNP’s status as a Dark Skies Reserve.

6.42. Southern Gas Networks: The applicant should follow safe construction practices within proximity of any gas pipes.

6.43. Southern Water: Comment

Southern Water has undertaken a desktop study of the impact that the additional foul sewerage flows from the proposed development will have on the existing public sewer network. This initial study indicates that these additional flows may lead to an increased risk of foul flooding from the sewer network. Any network reinforcement that is deemed necessary to mitigate this will be provided by SW. It is therefore requested a condition be applied to ensure of the development is phased and implemented to align with the delivery by SW of any sewerage network reinforcement required.

6.44. Where SuDS rely upon facilities which are not adoptable by sewerage undertakers the applicant will need to ensure that arrangements exist for the long-term maintenance of the SuDS facilities. The drainage details submitted to the Local Planning Authority should specify the responsibilities of each party for the implementation of the SuDS scheme, a timetable for implementation and provide a management/maintenance plan for the lifetime of development.

6.45. A condition is recommended to include details of any landscaping proposals in proximity of public apparatus for their protection. Further information regarding the proposed means of disposal of foul/surface water drainage is required to enable full assessment.

6.46. Sussex Police/Crime Commissioner: No objection subject to recommended measures.

Summary:

6.47. No objection to the proposal as submitted from a crime prevention perspective subject to the recommendations being given due consideration. The applicant is referred to Secure By Design (SBD) guidance in particular.

Main comment:

6.48. Dwellings generally face out onto the street layout and the shared pedestrian, vehicle manoeuvring areas creating good active frontage. Courtyard gardens are provided for the housing stock with green areas for the blocks of multiple dwellings. Back-to-back gardens have removed the need for vulnerable rear pathways. Parking has been provided within internal car ports and a number of on-street visitor bays. The parking for the Heritage Cottages is to the rear of the dwellings, unobserved and consideration should be given to signage indicating private parking to avoid misuse by visitors. Traffic and parked vehicles need to ensure they do not obstruct emergency and refuse services.  

6.49. SBD offers specific advice to shed construction and cycle containers and we would have concerns over the proposed cycle storage facilities within the car ports if the car port is open at all times, and if is insecure.

6.50. Boundary ‘defensible space’ between public space and private areas should be clearly indicated, with low boundaries. Whereas, vulnerable areas, such as exposed side and rear gardens, need more robust defensive barriers.

6.51. Blocks of multiple dwellings – it will be imperative that access control is implemented into the design and layout to ensure control of entry is for authorised persons only. Other SBD principles should be followed eg for doors and windows. Play areas should be easily surveyed.

6.52. Commercial SBD principles should be followed for the Barn and workshops. As the application is seeking café usage, the applicant is strongly advised to consult directly with Police Licensing before making plans for serving alcohol/conducting other licensable activities. There is limited parking to serve this element of the scheme, which could be to the detriment of residents. Landscaping and footpaths need to allow for surveillance. CCTV and appropriate lighting is advised. Measures to prevent vehicle access should be installed. Excessive vehicle and other permeability should be avoided.

6.53. Amended scheme - the changes are fully supported from a crime prevention perspective. These will assist in reducing permeability to the site and increase natural surveillance within the twitten.

6.54. Section 106 contributions or direct CIL funding for policing infrastructure are sought, due to the direct link between the demand for policing services and the changes in the operational environment beyond Sussex Polices control i.e. housing growth. In the absence of such contributions the Police would object.  It is requested that £7,000 be secured to replace an old ANPR camera on Hangleton Link Road and £7,000 for a camera on King George VI Avenue.

6.55. UK Power Networks: The applicant should follow safe construction practices within proximity of any electricity pipes or plant.

Internal:

6.56. Arboriculture: No objection subject to condition

The Arboricultural report has been updated following amendments to the scheme to reflect the up to date Tree Preservation Order (TPO) and the main housing scheme has moved away from the south-western TPO area, which is welcomed.

6.57. The tree survey identifies 299 individual or groups of trees although a number of these are off site within the southern section of the valley, the consultant separating these into 21 individual areas. A large proportion of the site would be considered scrub or of low amenity value using BS 5837 tree category grading, however they provide significant wildlife habitat, and the county ecologists comments should take precedent over perceived amenity. The eastern boundary of the site is predominantly composed of regeneration elm up to a height of 3 metres, we expect these to again succumb to elm disease once they begin to mature. The southern boundary of the site / car park has several stand-alone specimens T97 Ash & T98 Sycamore, in this instance I would agree with the recommendation to remove as both are in poor condition, the vegetation to the front of the site beyond the fence line is public highway under the maintenance of Brighton & Hove City Council.

6.58. There is a woodland area located in the southwest corner of the site identified as W1 within the survey with a public footpath running beside. This woodland is composed predominantly of Sycamore and a pocket of historical native Elm or considerable rarity. BHCC Arboriculture are pleased to note prior comment has been acted upon with the design now amended to remove any proposed development within the woodland boundary, including service runs or the previously shown surface water drainage attenuation tanks.

6.59. Although the planting of 196 trees is welcomed within the proposal BHCC Arboriculture have concern this may not offset the loss of current canopy or be considered a biodiversity net gain, we would also require a condition stating all elm cord wood must not be retained for habitat, rather removed from site and disposed of beyond city limits; this is essential to prevent breeding locations for the elm bark beetle.

6.60. City Plan Part 2 Policy SA7 allocates two areas for development within Benfield Valley, and these are set within a Local Green Space. The policy requires that the valley is protected and enhanced as an important green wedge into the urban area which connects the urban area to the South Downs National Park. The Outline Management Plan (OMP) along with the response to SA7 and Landscape Policy objectives and landscape design approach are highly detailed, it is noted 3.14 of the OMP states the need to water newly planted trees, especially during dry periods, BHCC Arboriculture would wish to see a commitment for weekly watering for all newly planted trees during dry periods for the first three years; this is essential to enable maximum establishment rates and in line with our internal policy for tree maintenance.

6.61. There is a proposal for future site maintenance to be undertaken via a Community Parkland Trust using S106 funding, the site is bordered by established vegetation, much of which is composed of Ash trees now expressing symptoms of hymenoscyphus fraxineus (Ash dieback), it is recommended that is might be more suitable for a commuted sum of funding to be allocated to BHCC Arboriculture to manage site wide due to safety implications.

6.62. BHCC Arboriculture recommend this application is granted subject to condition, these to include woodland management, a tree protection scheme, a detailed landscaping plan showing species, sizing, location and pit construction, a commitment to weekly watering during dry spells and for the removal of all elm arisings from site.

6.63. Economic Development: Comment

The proposed development broadly fits with a number of strategic aims identified within the Corporate Plan and the citywide Economic Plan, which provide the foundation for how the council and its partners will engage to support, diversify, adapt and grow the economy of Brighton & Hove. It is unclear from the application exactly how many proposed new jobs will be created. A number of small workshop spaces suitable for micro-businesses are proposed, which will offer new spaces for local businesses. The proposed business, community and footgolf uses may help to create employment opportunities for local people and will offer additional spaces for local community groups and organisations to work collaboratively.

6.64. As per the council’s Developer Contributions Technical Guidance, a financial contribution of £47,720 is required towards the Local Employment Scheme to aid construction training. An Employment and Training Strategy should also be submitted.

6.65. Environmental Health: Approve subject to conditions

Ground Conditions

6.66. A desk top engineering study has been submitted. The history of land usage was detailed within this report. Several potential aspects were identified:

· Radon gas area

· The possibility of dilapidated underground water pipes.

· Contamination of existing drainage

· Contaminated soil beneath the site

· Contamination of Principle Aquifer

6.67. Further investigation is required on soil and water to check for potential contaminants. Water pipes will need to assessed and replaced if appropriate.

6.68. The submitted report is agreed with and conditions to address the above should be secured.

Noise

6.69. Due to the proximity of the site to local roads, road traffic is the main source of environmental noise in the area. The new residential development will be exposed to road traffic noise, in particular from Hangleton Lane and the A293. The noise sources in the vicinity of the site include road traffic on the surrounding road network, including Hangleton Lane and the A293 immediately adjacent to the site, and also the A27 to the north and A270 to the south. Housing along the western and southern boundaries is exposed to the highest road traffic noise levels (‘medium’ to ‘high’). As a consequence, this housing may require additional mitigating measures implemented.

6.69.

6.70. A Noise Impact Assessment has been submitted, and the findings and mitigating measures proposed within it are agreed and can be secured via condition. This may include details of sound reduction measures such as alternative means of ventilation and cooling, and screening attenuation.

Lighting

6.71. A lighting strategy for the development has been submitted and its findings and recommendations are agreed with. The Strategy states that through careful design and mitigation, including shields in sensitive areas, the lighting installation at the proposed development will be in accordance with British Standards, Guidance and Local Policy.  This should be conditioned in order to mitigate any possible light pollution from the completed development.

Air Quality

6.72. The need for a dispersion model has been screened out. The screening is based on predicted daily vehicle trip generations and the distribution of those extra vehicle trips on the local road network relative to AQMA3. The proposed houses are set back from nearest road by at least thirty metres. Travel plans, welcome packs and trees are part of the proposal. These measures do not specifically mitigate NOx emission damage costs over the first five years of operation. It is recommended the developer contributes towards council’s real-time monitoring network for community engagement and awareness raising; that the development be fully electric without gas boilers and fireplaces and that all parking space shall have ducting ready for electromotive charging.

6.73. Heritage: No objection subject to conditions.

The applicant has engaged in pre-application advice and has worked with the Heritage Team. The Benfield Barn Conservation Area is ‘at risk’ at Historic England and for this reason it is beneficial for the site to be redeveloped so the heritage assets can be restored and brought back into use. The impacts of the proposal result in ‘less than substantial harm’ in terms of the NPPF and the public benefits are economic and environmental, as well as historic.

6.74. Alterations to the Barn are minimal and historic fabric should be retained, and detail eg of additional glazed doors, can be conditioned. The rebuilding of the CA boundary walls is very important as these were removed without Listed Building Consent. A methodology for this should be conditioned. An access point to the east in the walls is acceptable and is important to connect the exiting community to all the benefits of the new development. It is also noted from historic plans that this connection existed in the past. 

6.75. The principle of replacement of the Barn outbuildings to the east and south for commercial and residential use respectively is accepted, and they are considered the optimal viable use. The remains of the terrace of cottages to the south are considered to be included within the Barn’s listing as curtilage buildings. There is no objection to the ruins being replaced with 2 new cottages in principle and their amended height means they are more subservient in scale to the listed Barn. As much of their original fabric should be retained where possible, eg the chimney stacks. The contemporary design approach to the cottages and other outbuildings is accepted in principle. Some materials may require reconsideration and detail should be conditioned. If metal cladding is to be used then its profile detail and colour/material will be important. The outbuildings to the east will be built within the footprint of the existing buildings and the ruins will be retained and stabilised as a feature, which is welcomed.

6.76. In terms of the wider setting and the housing site, there is some concern about the overall density and rather ‘monotone’ approach to materials in places, and a greater extent of bungraoosh or flint should be explored via a facade detail condition.

6.77. Conditions recommended to cover: materials; joinery details; methodology to stabilise outbuilding walls and chimney and for replacement boundary walls; details of glazed Barn doors, flagstone, trusses and inner partitions; sample flint panels; fire-proofing and insulation works; render/pointing; measures to prevent vehicular access to conservation area; removal of permitted development rights to control future extensions/alterations and future uses (residential inappropriate to heritage character for eastern outbuildings or Barn); ground levels; and timing of delivery of CA works prior to completion of wider housing scheme. A section 106 should also secure a long-term funded maintenance plan for the CA and its buildings, to accord with Policy SA7.

6.78. Housing strategy: Support

This development proposal includes a policy compliant number of affordable homes, ie 40%.

6.79. The 40 affordable homes proposed consist of 17 x 1 beds, 12 x 2 beds, 9 x 3 beds and 2 x 4beds (43% / 30% / 27%). This differs to the standard unit mix outlined in the Affordable Housing Brief (AHB) of 30% 1 beds; 45% 2 beds and 25% 3 bed - and overall offers fewer family sized units 57% of 2&3 beds instead of 70% outlined in the AHB. However – this does include two 4 bed houses and overall the number of larger 3 bed+ homes is very positive. The council’s Housing register includes families requiring larger homes who often wait longer and the proposed mix assist in meeting this need.

6.80. Policy H2 Urban Fringe sites requires a higher than usual proportion of larger homes to be provided (50% of 3b+ at this site) and the proposal meets this with 34% of homes being 3 beds and a further 30% as 4 beds – a total of 65 homes/ 64% of all homes provided.

6.81. The council’s current guidance for tenure mix of affordable homes in the Affordable Housing Brief suggests a mix of 55% of the homes to be provided as Affordable Rent and 45% as LCHO (Low Cost Home Ownership) and the developer has confirmed this is their intention. The tenure mix is under review and the updated Strategic Housing Market Assessment (SHMA 2023) which looks at demographic trends and affordability in the city has outlined that affordable homes for rent and particularly those provided at social rent remains the highest need. In January 2025 there were 4606 people listed on the joint housing register seeking rented accommodation, and 1,934 households living in temporary or emergency accommodation.

6.82. All developments are required to provide 5% of all housing and 10% of the affordable housing for wheelchair users. Current preference for the fully wheelchair adapted homes is at least two bedrooms with a separate ground floor access and outside space.

6.83. All homes provided on this site will meet or exceed the national space standards as adopted by the council, including ample built-in storage and meet any secure by design standards as required.

6.84. Planning Policy: Comment

The proposed scheme departs from City Plan policy by creating a larger housing development to the north of Hangleton Lane extending beyond the Policy H2 allocation to the north and east linking with Benfield Barn and by not developing the H2 allocation south of Hangleton Lane. It is proposed that the southern site remain undeveloped as community open space and this should be secured by legal agreement. The expanded development would extend into surrounding land designated as Local Green Space (LGS). This is contrary to CPP2 Policy DM38 and must be justified in terms of ‘very special circumstances’ (VSC) as defined in national planning policy in the NPPF.

6.85. The effective ‘land swap’ achieved by expanding the northern development site and not developing the southern site is a material consideration but does not, in isolation, demonstrate VSC. It must also be demonstrated that this approach is the more appropriate and effective way of facilitating the delivery of the key objectives for Benfield Valley as set out in City Plan Part Two Policy SA7.

6.86. Overall it is considered that the proposed development offers a practical approach to delivering the planned housing quantum in this area while securing the long-term protection, enhancement and management of Benfield Valley as a whole. The public benefits of the development proposed have the potential to outweigh the harm that would be caused by the development through the loss of some LGS, subject to detailed considerations on specific matters by other specialist consultees and a legal agreement to secure the mitigation measures set out above. Subject to this agreement it is likely that the objectives of SA7 can be achieved. There are benefits in proceeding with a consolidated scheme which, in the context of the principle of housing development being supported in this broad location through the CPP2 allocation, are considered could potentially meet the test of VSC.

6.87. The proposed use of Benfield Barn is as a ‘community hub’, retaining the Footgolf reception while also offering space for meetings, exhibitions and interpretative facilities and a café. These uses broadly accord with the objectives in Policy SA7 and are compatible with Policy DM9 and Policy H2(g) which requires that appropriate regard is given to the need for local community facilities. The café could also provide a focus and meeting point for the new and existing residents of the area and recreational users of the Valley given the lack of similar facilities in the area. A policy compliant level of affordable housing is proposed (40%).  Affordable Housing Statement submitted in support of the application indicates the applicant will consider increasing the number of family units provided to better reflect the number of family homes provided in the private element of the scheme. This would be welcomed as this site is one of the few greenfield development sites in Brighton & Hove that is suitable for larger homes, and the mix should be further discussed with the council’s Housing Strategy Team.

Public Art

6.88. Based on the methodology in the council’s published Developer Contribution Technical Guidance, an artistic component to the value of £34,000 should be secured via section 106 agreement.

Amended scheme

6.89. Adjustments have now been made to the proposed mix of dwelling sizes for the affordable housing element of the scheme by increasing the number of family units of affordable housing to better reflect the number of family homes provided in the private element of the scheme. Whilst the overall number of family sized homes has been reduced by one, the revised mix and provision of two 4-bed units within the affordable responds to comments provided by the council’s Housing officers. Subject to their comments, this changed is welcomed.

6.90. Small amendments have been made to the housing mix of the overall development which have increased the number of 1-bedroom apartments and 3-bedroom apartments, each by one unit, and reduced the number of houses. These amendments do not affect the overall positive conclusion on housing mix previously set out.

6.91. It has also been confirmed that 10% of the affordable dwellings will be wheelchair accessible and 5% of the market dwellings will be wheelchair accessible, in line with the requirements of CPP2 Policy DM1.

6.92. It is welcomed that an outline Landscape Management Plan has now been submitted as protection and enhancement of the landscape role and character of Benfield Valley is a key objective of Policy SA7. The measures set out in the Management Plan should be secured by condition

Updated comments following updated NPPF

6.93. A revised National Planning Policy Framework was published in December 2024. Amendments to the Framework have implications for the proposed scheme and these are considered below.

6.94. Paragraph 108 of the Framework states that policies and decisions for managing development within a Local Green Space should be consistent with national policy for Green Belts. The revised Framework has amended the approach to development on Green Belt land. Paragraphs 156-157 make clear that “before development plan policies for affordable housing are updated in line with paragraphs 67-68 of this Framework, the affordable housing contribution required to satisfy the Golden Rules is 15 percentage points above the highest existing affordable housing requirement which would otherwise apply to the development, subject to a cap of 50%”

6.95. Footnote 58 to paragraph 156 clarifies that the Golden Rules do not apply to (i) developments brought forward on land released from the Green Belt through plans that were adopted prior to publication of the Framework. In the case of this proposal, the LGS designation was made at the same time as the two housing allocation sites through City Plan Part Two, and the housing sites are outside the LGS boundary in the Plan. The part of the northern housing site now proposed within the LGS therefore was never effectively ‘released’ as it was not designated as LGS prior to City Plan Part Two being adopted. As part of the housing site is within the LGS, it is concluded that the Golden Rules are engaged and are therefore a material consideration.  

6.96. The ‘Golden Rules’ therefore apply to part of the current the current scheme that is located on land designated as Local Green Space, and, strictly speaking, an affordable housing provision of 50% is required solely on that part of the development site, in excess of the policy requirement of 40% on the remainder of the site. However, the particular circumstances of the application proposals are such that there are significant material considerations justifying a departure from the Golden Rules in this case. The reasoning for this is set out below.

6.97. The LGS designation does not apply to the areas within the allocations. It is recognised the proposals represent a substantial change from the current allocation boundaries. These were high level designations, and it is now at detailed application stage where there is more detailed consideration of exact and appropriate boundaries, and some flexibility in this regard is reasonable. The part of the developed site now proposed within the LGS equates to roughly half. Whilst there is an increase in overall size of development site compared to the split allocations (approx. 0.1ha), and an adjusted boundary, this is balanced against the fact that the southern allocated site would remain undeveloped with improvements made to the open space, and that the consolidated scheme (and associated boundaries) is the optimal way to deliver the allocations and Policy SA7 objectives, and the ecological, landscape etc outcomes for the Valley. The current consolidated scheme would best deliver the overall objectives of the City Plan, and this is given significant weight.

6.98. Private Sector Housing: Do not wish to comment.

6.99. Public Health: Comment.

This development falls under the ‘other’ larger developments category in the council’s Health Impact Assessment (HIA) guidance, as it comprises more than 100 dwellings. It is not a strategic site, but it is partly an ‘allocated’ site. City Plan policy CP18.3 requires larger developments to demonstrate how they minimise negative impacts and maximise positive impacts on health within the development or in adjoining areas. A lighter touch approach is appropriate for larger developments to demonstrate how they meet the requirement of CP18.3. A statement should be provided which initially identifies potential negative and positive impacts and then summarises how negative impacts have been minimised and how positive impacts have been maximised, for both new occupiers and existing communities.

6.100. The application includes a “Rapid Health Impact Assessment Matrix” and used the HUDU Rapid Health Impact Assessment Tool. Focus should be on measures to secure the following areas: healthy housing, environment, active travel and vibrant neighbourhoods. Also, the focus should be on: mental illness from isolation/fear of crime, inclusive design and accessibility, access to nature and green space/water, and opportunities for food growing, active lifestyles and healthy food. The footpaths alongside the footgolf course are well-used by locals (walkers, dog walkers, runners etc) to access the Downs, and should be retained.

6.101. Rights of Way Officer: Comment

Original drawings showed a footpath had been overlain by a car park where the path changes direction and heads north. It would be preferential for a path to skirt around this to rejoin the footpath further north so there is no conflict between cars and path users. Restricted Byway – resurfacing of Restricted Byway RB H11, adjacent to the site would be desirable as part of the project – improving links to the Downs. The two existing footpaths in the footgolf area have been formally confirmed. Note: Landscape drawings now updated to reflect these aspects.

6.102. Sustainability Officer: Comment

The split site option (as per allocations) was tested against the single site and a qualitative carbon footprint comparison for the single site indicates a lower impact.

6.103. The energy statement targets a carbon reduction over Building Regulations of 65%, amply meeting (and exceeding) current policies, although clarity is needed between residential and non-residential elements of the development. Note – the Future Homes and Future Buildings Standard upgrade is expected this year.

6.104. An EPC of B is targeted in line with policy. Water targets of 110 litres should be conditioned. The Overheating Assessment highlights the need to balance adequate ventilation versus noise mitigation. All such measures should be conditioned. A range of heating/hot water solutions are proposed, and in general, air source heat pumps for the majority of homes would be a reasonable solution. The potential for a district heating network has been discounted as it would have a higher whole life carbon impact that individual pumps. Roof mounted solar panels are proposed which is welcomed although clarity is needed regarding the distribution of benefit from the PVs. BREEAM ‘excellent’ standard should be targeted for the non-residential new build elements, with a Pre-Assessment.

6.105. Further information should be sought (via condition) to secure the measures.  above and about how the housing and commercial elements are assessed, layout, energy generation, EPC assumptions, ventilation/overheating and the submission of Pre-BREEAM.

6.106. Sustainable Drainage: Comment

The information submitted includes a Flood Risk Assessment and Surface Water Drainage Strategy including drainage plans and accompanying information. Additional details are requested so that the proposed drainage system is adequately described. These may be controlled by planning conditions and provided at detailed design phase but should be submitted as early as possible in the planning process to ensure that any issues that arise may be addressed more simply.

6.107. The Risk of Flooding from Surface Water Map shows there is low risk from surface water with the site itself. We do not hold any records of flooding for this site; this does not mean that the site has never flooded, only that no flooding has been reported to us in this location.

6.108. Sustainable Transport: No objection subject to condition/S106

Summary:

Subject to securing appropriate conditions and S106/s278 requirements, it is considered the proposed development would meet City Plan policy, including Policy SA7 objectives, and is acceptable.

Main Comment:

Trip Generation/Junction:

6.109. The submitted Transport Assessment has considered the impacts of development on the surrounding roads, providing overall trip generation estimates as well as junction modelling for the site entrance and the A293/Hangleton Lane roundabout.

6.110. Combining the 2 separate trip generations for the residential and community uses, total vehicular trips generated by the proposal site are likely to be 67 in the AM Peak and 60 in the PM peak. In terms of the junction modelling for current peak flows at A293/Hangleton Lane, this shows the roundabout could potentially be operating at or over capacity in the busier summer months. Notwithstanding this, the development traffic itself is only projected to account for a small proportion of the junction traffic and so no specific remediation is sought from the applicant for this.

6.111. There are pedestrian works proposed at this roundabout as part of the highway works scheme. A pedestrian crossing point will be added, and existing pedestrian crossing points will be improved. The operation of the junction should be specified in future stages of the Road Safety Audit for the S278 highway works. This process will allow the Local Highway Authority (LHA) to monitor the working of the roundabout once the development is occupied.

Car Parking:

6.112. The proposal will involve the site being more intensively used and the demands created by the community use, the existing footgolf use plus new uses in the outbuildings need to be considered. There is vehicular parking proposed to be located next to the conservation area, and throughout the scheme.  A Parking Allocation Plan (for the amended scheme) has been submitted and shows the total number of spaces for all uses across the site as 141, comprising: 47 dedicated residential on-street, 52 residential in-curtilage, 36 shared for all uses, 4 dedicated workshop, 2 dedicated car club.

6.113. This increased provision is welcomed, but may not go far enough to meet demand, and a degree of overspill parking from this development cannot be ruled out. The consent would allow for office use in the outbuildings giving higher staffing levels than are currently being provided for. Despite the increase in parking provision, we ask the LPA to consider if office use (E(g)) is desirable, and if so, a car park layout condition should be attached to secure the provision of re-allocated or additional parking. Site users may also seek to use Greenleas recreation ground car park although that is further away and may be intensively used at peak times e.g. for sports matches. Parking overspill surveys should be included in Travel Plan monitoring, and consideration also be given to provision of yellow lines on Hangleton Lane and Sylvester Way to avoid any highway safety risks.

6.114. A (modest) degree of overspill parking may be acceptable, given that the wider planning policy aim is draw more people to this site and ensure the community and other uses are viable. However, as detailed above, the LHA would ideally seek additional/re-allocated on-site car parking for staff – which may be secured post consent by a car park layout plan condition. EV chargers and disabled parking should be conditioned to ensure delivery to SPD14 standards. A strong package of sustainable transport improvements/promotion via residential and commercial Travel Plans and S106 contributions will also be required.

Cycle parking:

6.115. Cycle parking that meets policy levels has been proposed in statements, but the ground floor plans do not show how all of this provision has been set out or is of acceptable design. The potential for greater staff levels also affects cycle parking requirements. Because this is a policy minimum standard for which suitable space must be found we request a cycle parking scheme be secured by condition.

Internal Street Design:

6.116. Plans for a shared space have been amended following an Equalities Impact Assessment and now propose slightly raised footpaths through the residential area. We see this as a good compromise between the design aspirations and the needs of all future users.

6.117. The internal streets could create opportunities for informal/opportunistic parking on site outside of demarcated bays. This would be to the detriment of the scheme design, would be contrary to NPPF paragraph 117, and potentially to local policy levels for vehicular parking. Additional hard landscaping measures should be secured to safeguard against this and ensure safe use of the site for all users.

6.118. The internal road layout could create a degree of conflict between residential and public users at busier times. It requires vehicles to drive through most of the residential area to access the conservation area parking spaces and again to leave site. This could impact on future residents should the level of these trips be greater than is currently being considered. For example, at peaks times if there are children’s parties at the footgolf coupled with a busy day in the community barn/café and the workshops. Ideally, there would be a more direct route to the conservation area, it could be coupled with active travel filters to restrict public vehicles from the majority of the residential roads. This would support walking and cycling, create a much safer residential area, and avoid any potential adverse sentiment from residents towards members of the public. An internal streets condition should secure measures to lessen any potential adverse impacts as much as possible post determination.

6.119. The internal streets of this development are not proposed for formal adoption by the council. This approach is accepted in principle, but public use of the internal streets must be secured to allow for access to the community/recreational/workshops/office use area, and the function of the site as gateway to the SDNP. The applicant has proposed to provide public access via a ‘permissive path agreement’, which is an acceptable approach and should be secured by S106.

Deliveries/Servicing:

6.120. It is proposed that delivery and servicing provision on site will be dealt with by informal use of the road and courtyard space and not via demarcated bays throughout site. The LHA accepts this approach given the confines of the site, subject to the provision of landscaping that prevents parking straddling the footways. A Servicing Plan can be secured via condition. Measures to prevent commercial vehicles parking when not servicing within the conservation area will be required secured via condition e.g. demountable bollards, signage, and enforcement. This should be secured by a car park layout plan, and a car park management plan.

Mitigation and off-site works:

6.121. A financial contribution towards improving the pedestrian/cyclist route to Sainsbury’s through the nature reserve has been offered. The LHA can accept the improvements in principle, although via negative obligation in the S106 or Grampian stye condition. The creation of a public park and access improvements south of Hangleton Lane are welcome and full public access (eg via Open Access land) will need to be secured via S106. The enhancements to footpaths to the north of Hangleton Lane are also welcomed in principle.

6.122. An extensive Highway Scheme of Section 278 works is necessary and is proposed for the development. It has been subject to a stage 1 Road Safety Audit and agreed in principle with the LHA. The scheme includes a redesigned site entrance and pedestrian improvements on Hangleton Lane and the A293 roundabout and approaching routes, bus stop improvements, and a scheme of works for the site boundary on Sylvester Way. These should be secured via S106. In addition, the applicant has offered a financial contribution of £20,000 towards wider pedestrian works identified with the Active Travel Zone in the Transport Assessment, which would benefits occupiers of the development and improve routes to key services such as schools.

6.123. We consider that the impacts of the development will also require mitigation by 2 Travel Plans (1 Residential and 1 Commercial including monitoring fees), and a Demolition/Construction Environmental Management Plan.

6.124. We have considered wider area active travel routes, such as on-street cycle lanes, but the scale of these active travel route schemes are out of scope for full funding by this development, and could be the subject of CIL funded projects.

6.125. Urban Design: Comment

Summary:

The current scheme is in many respects high in quality, striking a balance contextually in a contemporary and enduring arrangement. The proposals are broadly acceptable.

Main comment:

6.126. The principle of a consolidated housing site in preference to the dual allocated site is supported. This is a view shared by the LPA’s independent Design Review Panel (DRP) which noted there was a compelling case for the place-making benefits offered by the combined northern housing scheme, and that it had a clear set of advantages over the split scheme. The DRP supported a high-density scheme in principle when the concept scheme was presented by the applicant in November 2023.

6.127. Furthermore, in urban design and sustainable settlement terms a single integrated site is the preferred and recommended development strategy given the nature reserve status and community infrastructure importance of Benfield Valley as a whole. Compared to the allocated split site, this single housing site will highly likely reduce the overall impacts and carbon emissions, through a reduced need for enabling civil infrastructure and site clearance requirements, which will allow for preservation of the green wedge (SA7). This proposed plan will address SA7 priorities and policy and enhance the southern parkland with ecological and amenity benefits, when compared to a split site.

6.128. The scheme has architectural and urban design merit with some distinctive features, the sum of which will present a compact but high-quality development within Hangleton and an uplift to an otherwise largely undistinguished townscape (SPD17/Urban Characterisation Study).

6.129. The plots are compact intended to host housing units with amenity including on-plot parking, private courtyard gardens, terraced gardens, and balconies, with capacity to facilitate dual aspect daylighting and natural cross ventilation. It is considered that the proposed development height is not excessive and provides well-considered marker buildings. And, although the overall density is higher than suggested in earlier studies (informing the City Plan site allocations) a higher density is achieved through an innovative layout and use of house types rather than excessive massing, scale, or height.

6.130. The proposed scheme has some innovative dual active frontage compound house types which allows for a denser and efficient layout given it is not solely reliant on a typical rear garden layout. A benefit of this house type is no inactive backs of housing facing onto streets or public spaces. This sort of house typology will conceivably help to deliver the sort of high-quality new homes required across the limited land supply context of Brighton & Hove.

6.131. In an attempt to deliver all the allocated units for both housing site allocations on the single site, has resulted in some residual urban design issues. Designers need to avoid creating niches and inactive passageways. The amendments to the ‘twitten’ by marginally increasing the width of the proposed passageway and adding some first-floor active frontage are not considered to go far enough in urban design terms. The removal of a small number of units would allow for passageways to be transformed into activated streets and significant improvements to the public realm and connections.

6.132. Site connectivity at this urban fringe site is restricted and the applicant goes some way in addressing this settlement design issue. Sustainable settlements must be permeable and connected to the public street network to support sustainable transport and active travel. A publicly accessible pedestrian point at Sylvester Way is required to establish a link to the new settlement which needs to be inclusive and fully functioning both in terms of threshold, and interface and thoroughfare. This point needs to be sufficiently permeable both in a physical and visual sense. Pinch points that fall below 2 metres must be avoided. Details can be conditioned.

6.133. The scheme provides a rich and coherent palette of materials that are drawn from the local vernacular and Sussex more widely in a contemporary and enduring composition – which is welcomed - subject to some modifications recommended. These supported materials/colours include clay tiles, clay panels and pavers, and clay stock bricks, flint, and chalk. The marker buildings contrast and complement the scheme and landscape character, in a proposed copper and bronze-like metal cladding. High quality red clay tiles are proposed across most of the residential units and this material choice is supported subject to more detail. Use of oak is relevant given Benfield Barns oak structure. The applicant proposes a composite timber frame with external aluminium cladding system for all windows, which is welcome. Officers have requested that to add more elevational variety across the house types that decorative bungaroosh panel sections are extended and vary rather than being limited to small repetitive panels. Larger plinth like and corner treatments are recommended. Material detail and profile should be secured via condition.

6.134. For footway areas the applicant intends to use mostly permeable concrete pavers except in a small area across the centrally located public square. More use of permeably laid clay pavers is recommended (via condition) given that clay is more robust and maintains its hue for longer. Natural SUDs should be incorporated within the scheme if possible. Given the heritage context and wider natural setting there will be value in having a Public Art strategy to enhance the scheme.

6.135. The community hub marker building fronts onto the public square in the centre of the residential area and will contribute to the identity of the settlement. The applicant proposes informal play space across the scheme most notably within the community square. There is no new formal play space proposed, therefore the Southern Parkland and Greenleas Recreation Park to the south will be key amenity spaces. The inclusion of allotments and orchards is welcomed.

6.136. The reuse and enhancement of the established pedestrian routes through the southern parkland area is welcomed. The introduction of wayfinding signage interpretation boards throughout the scheme, covering landscape, ecology and heritage topics are welcomed. The retention of the BMX track is strongly supported.

6.137. The principle of a contemporary reinstatement of the two cottages south of the Barn is supported, subject to comments of the Heritage Team. The cottages would introduce the benefit of natural surveillance of conservation area. The design encapsulating the historic chimney and preserving the ruins of the former hunting lodge is welcomed, however, the new building character combined with the formal procession to the cottages somewhat creates a hierarchy that suggests that this focal point should be a public/community use building, rather than the proposed two outstanding principal dwellings, set in this new settlement and community context.

6.137.

6.138. The provision of a small number of self-build plots, may be desirable as sought by policy, however, given the sensitivity of the site (and the proposed density and contemporary design/intensive use of plot proposed by the applicant to support viability) a robust design code will be required for any designated plots which would likely stifle the creative license desired by prospective self-builders who generally opt for detached plots. If any self-build allocation is required, then the density of the scheme will need to be reduced, in part.

6.139. Ground, as well as air, source heat pumps should be explored and need to be well-screened - secured via condition.

6.140. Note: Full details of all representations and consultee responses can be found on the council’s Planning Register.

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. 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, updated October 2024);

· 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

SA4 Urban Fringe

SA5 Setting of the South Downs National Park

SA6 Sustainable Neighbourhoods

CP1 Housing Delivery

CP2 Sustainable Economic Development

CP5 Culture and Tourism

CP7 Infrastructure and Developer Contributions

CP8 Sustainable Buildings

CP9 Sustainable transport

CP10 Biodiversity

CP11 Flood Risk

CP12 Urban design

CP13 Public streets and spaces

CP14 Housing Density

CP15 Heritage

CP16 Open Space

CP17 Sports Provision

CP18 Healthy city

CP19 Housing Mix

CP20 Affordable Housing

Brighton & Hove City Plan Part Two:

DM1 Housing Quality, Choice and Mix

DM9   Community Facilities

DM11 New Business Floorspace

DM18 High quality design and places

DM19 Maximising Development Potential

DM20 Protection of Amenity

DM21 Extensions and Alterations

DM22 Landscape Design and Trees

DM26 Conservation Areas

DM27 Listed Buildings

DM28 Locally Listed Heritage Assets

DM29 The Setting of Heritage Assets

DM31 Archaeological Interest

DM33 Safe, Sustainable and Active Travel

DM35 Travel Plans and Transport Assessments

DM36 Parking and Servicing

DM37 Green Infrastructure and Nature Conservation

DM38 Local Green Space

DM40 Protection of the Environment and Health - Pollution and Nuisance

DM41 Polluted sites Hazardous substances and land stability

DM42 Protecting the Water Environment

DM43 Sustainable Drainage

DM44 Energy Efficiency and Renewables

DM45 Community Energy

DM46 Heating and cooling network infrastructure

SA7 Benfield Valley

H2 Housing Sites – Urban Fringe

Supplementary Planning Documents:

SPD03         Construction & Demolition Waste

SPD06         Trees & Development Sites

SPD09         Architectural Features

SPD11         Nature Conservation & Development

SPD14         Parking Standards

SPD16         Sustainable Drainage

SPD17         Urban Design Framework

Other BHCC Documents/Guidance:

Benfield Barn Conservation Area Character Statement (18/2/97)

PAN05: Design guide for refuse and recycling storage

PAN06 Food Growing

PAN10: Public Art

BNG Interim Technical Advice Note

Swift boxes and bricks for new development - special guidance

Health Impact Assessment Guidance

9. CONSIDERATIONS & ASSESSMENT

9.1. The main considerations in the determination of this application relate to the following: the principle of development and proposed land uses; housing supply; housing mix and standard of accommodation; design, appearance and layout; heritage including archaeology; impact to Local Green Space; ecology and trees; landscape; recreation; employment/economy; sustainability; residential amenity; sustainable transport; and drainage/pollution.

Principle of Development and Proposed Land Uses

Policy context

9.2. The site lies within Benfield Valley which has its own Special Area Policy SA7 in the Brighton & Hove City Plan Part Two (CPP2). This states the following:

“Land at Benfield Valley as shown on the Policies Map will be protected and enhanced as an important green wedge into the urban area, a valued Local Wildlife Site and Local Green Space. The council will promote and support the careful use and management of land and buildings at Benfield Valley to achieve the following objectives: 

· The continued protection and enhancement of the wider biodiversity and landscape role and character of Benfield Valley as an important green wedge connecting the urban area to the South Downs National Park;

· Securing biodiversity conservation and enhancements; including wildlife connectivity and buffer zones, as well as the ongoing and positive management of wildlife habitats and securing a long term funded management and maintenance plan to be agreed with the council;

· The creation of ‘gateway’ facilities and interpretation facilities in connection with the South Downs National Park;

· The protection and enhancement of the open spaces at Benfield Valley to include a long term funded management and maintenance plan to be agreed with the council;

· Improved public access through the site and to the wider natural environment through the provision and improvement of safe pedestrian and cyclist access including the north/ south linear footpath/cycleway on the eastern side of Benfield Valley and existing rights of ways;

· The sympathetic repair and re-use of Benfield Barn and its associated structures and walls in a way that is compatible with and integrates with the landscape character of Benfield Valley, the wider natural environment and the Benfield Barn Conservation Area. 

Residential development in accordance with the identified development areas shown to the north and south of Hangleton Lane will be permitted provided that such development addresses the key considerations set out in Policy H2 Urban Fringe Housing Sites. Inclusion of housing for older people will be encouraged (see also Policy DM4). Development proposals will be required to preserve the settings of the Benfield Barn and Hangleton Conservation Areas and contribute towards the achievement of the key objectives as listed above (see also Policy H2) and as set out in City Plan Part One Policy SA4 Urban Fringe. 

Appropriate uses of the Benfield Barn and outbuildings within the conservation area will be non-intensive community and /or recreational facilities appropriate to the area. Proposals for the use of the buildings should include provision for a respective long term funded management and maintenance plan, to be agreed with the council.”

9.3. The main purpose of the policy is to facilitate the positive and ongoing management and maintenance of Benfield Valley’s open spaces, wildlife habitats and heritage assets and to improve and enhance public access and connectivity with the adjoining urban areas and to the South Downs National Park. To help facilitate this, and in recognition of the city’s wider housing needs, provision was made for an element of residential development.

9.4. The City Plan is required to allocate housing sites to meet the city’s demand and has identified a number of urban fringe sites for this purpose. An indicative number of 100 dwellings across two separate areas of land was formally allocated for housing development at Benfield Valley in Policy H2, one for approximately 60 dwellings north of Hangleton Lane and one for approximately 40 dwellings south of it. Policy H2 states:

“The developable areas of the sites listed (as identified on the Policies Map) are allocated for housing development (Use Class C3). Planning permission will be granted for proposals that accord with the Development Plan (having particular regard to Policies SA4 and SA5) and which address all of the site considerations and indicative development requirements set out together with all of the following criteria:

a)      Provision is made for 3+ bedroom family-sized dwellings in accordance with the indicative percentages set out in Table 7;

b)      Opportunities to secure additional and /or improved publicly accessible open space provision are incorporated within the proposed scheme;

c)      Green infrastructure and local food growing opportunities are incorporated within the proposed scheme;

d)      Development will mitigate any adverse impacts on designated sites and provide biodiversity net gains in accordance with Policies CP10 and DM37;

e)      Provision is made for sustainable transport infrastructure improvements that provide and promote sustainable transport and improved safe pedestrian and cyclist access to and through the site to support the development;

f)       Improved linkages and access to the South Downs National Park and surrounding areas are secured where feasible; 

g)      Appropriate regard is given to the need for local community facilities; and

h)      Given the council’s ambition to become a carbon neutral city by 2030, development will be encouraged to achieve greater reductions in CO2 emissions through the use of passive design, fabric standards, energy efficiency measures and low and zero carbon technologies, in accordance with Policy DM44.

i)        Provision is made for a proportion of serviced plots for self and/ custom build dwellings unless it can be demonstrated that this would make the scheme unviable.”

Housing allocations and Local Green Space considerations

9.5. In the context of the above policy framework, it can be seen that the principle of introducing housing development within Benfield Valley is established.

9.6. Policy DM38 designates the majority of the open land at Benfield Valley as Local Green Space (LGS), excluding the two sites allocated for housing in Policy H2. The policy states that development within a LGS should be compatible with the designation, and preserve the open character and the local significance placed on such green areas which make them valued by their local community - in this case, Benfield Valley’s role as an area for enjoyment of recreation, tranquillity, wildlife, heritage and the linkages to adjacent urban areas and the Downs.

9.7. Policy DM38 states development will not be permitted within a LGS unless there are ‘very special circumstances’ where the public benefits of the development proposed would outweigh the harm that would be caused by development within the LGS. It also states that enhancements consistent with LGS designation will be supported and will be required where proposed development, when judged to meet the very special circumstances test, may impact the LGS. The associated policy footnote states that such enhancements may include access improvements, interpretation boards and management facilities ancillary to the open space use.

9.8. The current proposal departs from the two split housing allocations for circa 100 dwellings (one north, one south of Hangleton Lane) by creating one larger consolidated development to the north of Hangleton Lane, and leaving the southern allocation undeveloped and new parkland created instead. The consolidated scheme (excluding conservation area and rebuilt cottages) is some 0.1ha larger than a split site would be, an approximate 8% increase in area, and it has an adjusted boundary. Roughly half of the consolidated scheme encroaches into the designated LGS and therefore, as per Policy DM38, requires robust justification in terms of ‘very special circumstances’ (VSC), as defined in policy and in the NPPF.

9.9. The scheme is effectively a land swap when compared with the policy allocation. It leaves the site south of Hangleton Lane undeveloped and involves the same total of dwellings as both allocations combined, which is a significant consideration.

9.10. Not developing the southern site does not in itself, however, justify a larger development site north of Hangleton Lane. It is considered that demonstrating VSC must have regard to the wider policy objectives set out in Policy SA7 and the potential to deliver enhancements to the remaining LGS at Benfield Valley (as required by Policy DM38). Policy SA7 seeks to protect open spaces, and any loss will require justification. It should be demonstrated that the proposed development offers the most practicable approach to securing the long-term protection, enhancement and management of Benfield Valley as a whole, achieving the key objectives set out in Policy SA7. Also, it should demonstrate that the public benefits of the development would outweigh the harm that would be caused by the loss of some LGS, and it should accord with the Development Plan as a whole.

9.11. At pre-application stage the applicant tested a split site option, as per the allocations, and a consolidated site option as currently proposed. When the original allocations and their boundaries came forward through the City Plan, the assessment was very ‘high level’ and the boundaries broadly indicative. It is only now at this detailed stage in the application process that the merits of both allocations have been looked at in great detail. At pre-application stage several disadvantages were highlighted with the split site approach, which are acknowledged. The southern site is constrained by a gas/sewer easement running through the centre of it, which would result in inefficient use of land and fragmented layout. Also, a new access to the site would be required. For highways reasons it would need to be sited at some distance from the Hangleton Lane/A293 Link Road junction and the preferred access point would necessitate the removal of significant existing vegetation/ habitat and established trees. Further issues are presented by the lack of clear boundaries and exposed edge of the site, the loss of accessible open space, potential friction between the development and adjacent public space, and negative impacts on habitats/ecology.

9.12. Both options were tested with the Design Review Panel (DRP) and they concluded that a compelling case was made in principle for the placemaking benefits offered by the combined northern scheme, subject to further analysis. The DRP supported the consolidated option due to its efficient use of land, the reduced encroachment on the ‘green wedge’ overall, the safeguarding of more ecological habitats, its less carbon-intensive construction, and the allowance of higher density development with more compact building typologies and better form factors. Despite the encroachment into the designated LGS, they found that the consolidated scheme offers a set of clear advantages over the two-site scheme in terms of landscape and biodiversity impact, carbon footprint, affordable housing provision, access, and overall community benefit – provided that the southern site is secured as a community asset in perpetuity. This view is shared by the council’s Urban Designer, and other consultees, as set out in this report.

9.13. As an alternative to housing development, the applicant is proposing that the whole area south of Hangleton Lane would be retained as open space and its status formalised as a public park. The parkland would be secured, managed and maintained for the long-term through the S106 legal agreement, through transferral to a Community Trust or Management Company. Measures for enhancing the southern area for recreational use include improved access routes, seating, signage, new footpaths aligned with existing desire lines, enhanced BMX track provision and informal play. The park would benefit not only the new residents but existing residents in the city. Enhancements to landscaping, open space and footpaths throughout the wider site including footgolf area are also proposed. These are considered to represent a significant enhancement of the open space and benefit of the scheme, and are given weight.

9.14. The proposals would also secure the long-term management/maintenance of the open spaces/landscape/woodland/wildlife habitats/heritage assets throughout the wider site, a key aim of policy SA7, and this is given weight

9.15. Overall, it is considered that the proposed development offers a practical approach to delivering the planned housing quantum in this area while securing the long-term protection, enhancement and management of Benfield Valley as a whole. The public and other benefits of the development as set out in this report, when combined together, are considered sufficient to outweigh the harm that would be caused by the development through the loss of some LGS, in compliance with Policy DM38. Housing delivery is given significant weight in the planning balance – see section below.

9.16. It is considered that very special circumstances exist, as discussed in this report, and the consolidated site option is the more appropriate and effective way of facilitating the delivery of the key objectives of policy SA7 for Benfield Valley, and policies in the Development Plan when taken as a whole. It is considered that imposition of conditions/S106 obligations can ensure the requirements of Policy SA7 are appropriately met.

Housing Supply

9.17. Policy CP1 in City Plan Part One sets a minimum housing provision target of 13,200 new homes for the city up to 2030. However, on 24 March 2021 the City Plan Part One reached five years since adoption. National planning policy states that where strategic policies are more than five years old, local housing need calculated using the Government’s standard method should be used in place of the local plan housing requirement.

9.18. The local housing need figure for Brighton & Hove using the standard method is 2,498 homes per year. A 20% buffer is applied to this figure to reflect the most recent Housing Delivery Test measurement (published in December 2024) for the council being less than 85%.

9.19. The council’s most recent housing land supply position is published in the SHLAA Update 2024 which shows a five-year housing supply shortfall of 10,643. This is equivalent to 1.4 years of housing supply.

9.20. As the council is currently unable to demonstrate a five-year housing land supply, increased weight should be given to housing delivery when considering the planning balance in the determination of planning applications, in line with the presumption in favour of sustainable development set out in the NPPF (paragraph 11)

9.21. The proposal would provide a significant amount of housing for the city, including much needed affordable homes, and larger family homes. Given the current substantial shortfall in supply, this important contribution is given significant weight in the planning balance.

Housing Mix and Affordable housing

9.22. Policies DM1 and CP19 seek the delivery of a wide choice of high-quality homes which will contribute to the creation of mixed, balanced, inclusive and sustainable communities. A range of dwelling types, tenures and sizes that reflect and respond to the city’s identified housing needs are sought. Policy CP20 requires the provision of 40% onsite affordable housing on sites of 15 or more dwellings, subject to viability. Policy H2 seeks an indicative 50% of 3+bedroom family sized homes on urban fringe sites.

9.23. It is considered that the scheme includes a good variety of mix of housing types, tenures and sizes, and the inclusion of 40% affordable housing is particularly welcomed and given significant weight. The mix of tenures/sizes broadly accords with the council’s housing guidance and policy, and meets identified needs in the city, in particular for larger family-sized homes. 63% of the dwellings would be 3- and 3+-bed homes, exceeding the minimum 50% requirement in policy H2, which is welcomed. The inclusion of larger units within the affordable housing is also particularly welcomed, given the current demand for such properties and the limited opportunities for bringing them forward in a constrained city. Policy-compliant wheelchair accessible units are included. The council’s Housing Strategy and Planning Policy Teams raise no objection to the proposed housing mix.  

9.24. In design and appearance terms, the affordable units are integrated throughout the scheme and are not distinguishable from market units, which is welcomed.

9.25. The council has a duty to keep a register of, and grant appropriate planning permissions to meet the demand for, self and custom build housing. There are limited available greenfield sites in the city, and part i) of Policy H2 seeks a proportion of serviced plots for self and/ custom build dwellings within urban fringe sites, unless it would make the scheme unviable. No self-build plots have been allowed for in the scheme, however, the applicant has explained that this is because of the sensitivity of the site and the required density and form of development. Both the council’s Urban Designer and the Planning Policy Team agree it will be challenging to incorporate separate plots within this type of development/density and make efficient use of the site, plus they would need to adhere to a strict design code, with limited flexibility. On balance, therefore, in this particular case, the lack of inclusion of self/custom-build plots is considered reasonable.

9.26. The rebuilt cottages within the conservation area would technically be within the LGS and do not strictly accord with policy SA7, which does not seek residential uses here. On balance, however, given there has historically been a residential use here over many years, and as there would be no loss of usable open space, the residential use is considered acceptable in principle. The Heritage team consider the cottages to be an optimal viable use. In addition, other benefits of the scheme as a whole, and the weight given to further housing provision, is also taken into account. The residential use close to the Barn and outbuildings would also have the benefit of introducing surveillance and more security to that area. It is considered the rebuilt cottages would therefore not unduly conflict with policy DM38 objectives, or those of policy SA7 and the Development Plan taken as a whole.

Updated National Planning Policy Framework (NPPF) December 2024

9.27. Since the application was first submitted in June 2024, the NPPF has been revised (in December 2024). This is a material consideration alongside Development Plan policies.

9.28. With regards to implications for this scheme, the main thrust of policy guidance remains as before. One key addition, however, is the introduction of the ‘Golden Rules’ for major housing development in the Green Belt/Local Green Spaces (see Policy comments for further details). The ‘Golden Rules’ apply to the part of the current the current scheme that is located on land designated as LGS, and, strictly speaking, an affordable housing provision of 50% would be required solely on that part of the development site, in excess of the policy requirement of 40% on the remainder of the site, which is what the applicant is providing.

9.29. It is considered, however, that the particular circumstances of the application proposals are such that there are significant material considerations justifying a departure from the Golden Rules in this case. The LGS was designated at the same time as the housing allocations and the current proposal is effectively a land swap, leaving the southern area undeveloped with limited loss of LGS overall. The proposal is considered to meet the ‘very special circumstances’ test set out in LGS policy and the NPPF, as it is the optimal way to deliver Policy SA7 and Development Plan objectives. It should also be noted that the proposal also meets Golden Rules requirements of improvements to local infrastructure and the provision of an improved new public green space.

Non-residential uses including community and recreation/sports

9.30. Policy SA7 seeks the sympathetic repair and re-use of Benfield Barn and its structures with non-intensive community and/or recreational facilities appropriate to the area, and a long term funded management and maintenance plan. Policy H2 requires appropriate regard is given to the need for local community facilities within urban fringe housing schemes.  

9.31. The conservation area and listed buildings are formally ‘at risk’ and the outbuildings are derelict ruins. In the context of the above, the proposed inclusion of the Barn and outbuildings as part of the development proposals, and bringing them back into active use, plus the wider enhancements to the conservation area, is welcomed in principle and given significant weight.

9.32. The proposed community use of the Barn, to include enhanced reception/check-in facility for the footgolf and ancillary café, is welcomed. The Barn would include interpretation materials within it providing information about its heritage and the wider area, and would be a ‘gateway’ facility to the National Park, as sought by policies SA7 and H2. The South Downs National Park Authority consider development within the site and wider Valley provides a great opportunity to improve pedestrian and cycle links into the Park and is a real benefit of the proposal. The Barn would help serve the new residents but also would provide the added benefit of a wider community resource. The café would provide a focus and meeting point, in an area which lacks such facilities. Such uses retain the large open central area of the Barn which is appropriate to its special architectural and historic character. The application will secure on-going management and maintenance of the Barn, outbuildings and conservation area, which is much required and is a significant benefit of the scheme.

9.33. In addition, a community use is proposed within the ground floor of the ‘marker building’ in the community square in the new residential scheme. This is also welcomed as per policies SA7, H2 and DM9 and for place-making reasons. It was included following advice by the Design Review Panel to help provide a ‘heart’ and active use to that part of the scheme.

9.34. The community use of the Barn would, together with the rebuilt workshop buildings, form a welcome community ‘hub’. The proposed use of the outbuildings as workshops would not strictly meet policy requirements as it is proposed to include E (g) uses (such as workshop, light industrial, office, research uses), in addition to community/recreation/sports uses. The workshops are however small-scale and would be ‘low key’, and they would complement the community use of the Barn and their semi-rural setting. They would generate employment, which is welcomed. Use as workshops could provide welcome additional space for small-scale creative industries. It is considered important to retain a flexible range of uses to ensure the building and wider conservation area are attractive to a range of potential occupiers and remain viable. Part (d) of Use Class E (indoor sport) is included as an allowable use within conditions to widen flexibility. Any uses will not be intensive given the small scale of the workshops. Also, such commercial uses would require simple forms of development, similar to the former historic form/use. Active uses would provide animation and surveillance of the area. The Planning Policy and Heritage teams welcome the proposed uses and, on balance, they are considered acceptable.  

9.35. The Valley is well-used by the public for informal recreation, including walking and cycling, and also for footgolf, and is of particular importance and value to the local community, as seen by its Local Green Space designation (policy DM38). There are a number of public footpaths across the site, and the northern part of the site links into an existing bridge across the A27 to the National Park beyond. The southern site is used as a cut-through to housing and recreation spaces to the east, and Sainsburys to the south. Policies CP16 (Open Space) and CP17 (Sports Provision) are also applicable to the recreation/sports uses of the open spaces within the site and seek to safeguard, improve, expand and promote access to Brighton & Hove’s open spaces and sports facilities.

9.36. The principle of development within part of the LGS and open space is covered within this report. In terms of sports and recreation, the wider proposals, including the creation of public parkland (including informal play and enhanced BMX track) and the improved linkages including to the National Park, are considered to provide a significant enhancement to open spaces within the Valley – as sought by Policy SA7. Large swathes of open space will still remain and be enhanced. Generous east and west landscaped routes would retain the ‘green wedge’ through the site as a connection between urban areas and the Downs. Interpretation material is proposed, which will help people have greater appreciation of the ecology/landscape/heritage of the site. The proposal will not result in an overall loss of footgolf holes (9 will remain in a reconfigured layout), and its facilities will be enhanced. The proposed new workshops include recreation/sports uses, and will also make a positive contribution. Keeping the site south of Hangleton Lane undeveloped and formalising its status of as ‘Open Access’ public parkland is a significant benefit for the new residents and the wider community. This, together with a comprehensive maintenance plans across the whole of the wider site, represent an important enhancement, and are given significant weight in the planning balance.

9.37. It is considered that the above will help meet the direct demand for sport/recreation created by a relatively small-scale development of 101 homes. It is not considered appropriate or necessary to seek further formal sports facilities. In addition, given the sensitivity of the site as a designated Local Wildlife Site, any further demand for formal sports facilities would more appropriately be met off-site if required, via CIL.

9.38. In view of the above the proposed land uses are considered acceptable and help meet the main purposes of policies SA7 and H2. Significant weight is given the housing provision in particular, as per the NPPF.

Ecology and Trees

Policy Background

9.39. City Plan policies CP10 and DM37 state development should avoid adverse impacts and should seek to conserve and enhance biodiversity and geodiversity features. Proposals liable to affect green infrastructure and nature conservation features either directly or indirectly must be supported by an appropriate and detailed site investigation/ assessment and accord with provisions set out in the mitigation hierarchy. Measures to avoid or prevent harmful effects will be required.

9.40. Policy DM37 goes on to state that development proposals that will result in an adverse effect on any local site will not be permitted, unless the site is allocated for development in the City Plan or there are exceptional circumstances that justify the development of the site and can be demonstrated to outweigh the adverse effects on the local designation; and  the impacts can be mitigated through on or off-site habitat creation; and  on site or off site additional measurable net gains in biodiversity/geodiversity can be achieved.

9.41. Policy DM22 seeks the retention, improvement and wherever possible provision of appropriate landscape elements/ landscaping, trees and planting as part of development. The felling of a protected trees will only be permitted where it is severely diseased or dangerous, or it is necessary to accommodate development of national importance which cannot be located elsewhere; and a replacement tree is provided of a type, size and location to the satisfaction of the council. 

9.42. Policy SA7 seeks to both protect and enhance the valued Local Wildlife Site at Benfield Valley and its role as an important green wedge into the urban area, and seeks to secure biodiversity conservation and enhancements; including wildlife connectivity and buffer zones, as well as the ongoing positive management of wildlife habitats.

9.43. All relevant developments are also required to meet a statutory minimum 10% Biodiversity Net Gain (BNG).

Biodiversity

9.44. With the exception of the c.0.23ha area used as the Brighton Footgolf car park, the entire application site (redline/blueline) is located within Benfield Valley Local Wildlife Site (LWS). The key habitats/features within the Benfield Valley LWS are as set in the Ecologist’s comments in this report, and in summary are deciduous woodland, neutral grassland, calcareous grassland and scrub habitats. The ecological assessments identify the site is an important resource for species including hazel dormouse, bats, hairstreak and brown hairstreak butterflies, slow-worm, common lizard and hedgehogs, enabling their movement and dispersal across the local landscape. The site is also important within the urban area of Hove as it provides a connection to the surrounding South Downs, helping to bring wildlife into the city and enabling local residents to appreciate nature.

9.45. The application includes a comprehensive suite of ecological and arboricultural reports and these have been duly assessed by the County Ecologist and councils Arboriculturist.

9.46. The effects on the Benfield LWS are identified as direct habitat loss and operational impacts including: recreational pressure e.g. trampling, soil erosion and litter; pet disturbance/predation; and noise and light pollution. These are assessed as being of moderate to high magnitude and thus significant mitigation is required.

9.47. In terms of split site versus consolidated site, the County Ecologist confirms that both would result in part of Benfield Valley LWS being lost and impacts on the protected species it supports. They confirm the consolidated scheme with undeveloped southern site is however preferred. The consolidated scheme would significantly reduce the loss of woodland/trees. Whilst this approach consolidates impacts on the area north of Hangleton Lane it has been demonstrated that loss of the main habitats present, i.e. scrub/woodland and individual trees (which are c. 38% and c. 16% of the total site area, respectively), can be compensated for through offsite planting. The information submitted has also confirmed that impacts on protected species (namely dormice, reptiles, bats and badgers) can be mitigated and protected species licences for dormice and bats are likely to be obtained as their favourable conservation status can be maintained long-term.

9.48. The County Ecologist confirms that in terms of loss of connectivity in this part of Benfield Valley the most important wildlife corridors along the east and west sides of the Valley will be maintained, and the vegetated corridors along the northern and southern boundaries will be retained and enhanced.

9.49. To mitigate LWS impacts, compensatory planting (both onsite and offsite in the wider Benfield Valley), protective fencing, the education of residents and a sensitive lighting plan are all proposed. In addition, measures are proposed to address impacts on species and habitats that are a feature of the LWS, such as bats, dormice and woodland. The proposals also include embedded mitigation, and the measures contained within the application including Landscape Plans are welcomed. The amendments to move the layout away from the south-western TPO woodland is welcomed including strengthening the wester buffer, eastern corridor, entrance planting and introduction of predator fencing/planting.

9.50. The site offers significant opportunities for enhancement that will help the Council address its duties and responsibilities to provide a mandatory minimum of 10% BNG, and other biodiversity enhancements under national and local planning policy. The package of ecological and landscape proposals put forward as part of the application mean that approximately +19.8% BNG can be achieved (once additionality is taken into account). This figure is almost twice the mandatory requirement and can potentially be delivered all within the Valley itself, which is a significant benefit. Securing increased BNG of 20% is agreed to by the applicant and is considered to be justified given the magnitude of impact on habitats proposed, and given the proposal does result in an increased loss of general LGS land compared to the split scheme. In addition, it is considered this can constitute an ’exceptional circumstance’ to justify development within a LWS, as required by policy DM37. This increased mitigation/enhancement is given weight in the wider planning balance.

9.51. Provided the recommended mitigation, compensation and enhancement measures are implemented, the County Ecologist confirms that the proposed development can be supported from an ecological perspective. Natural England consider that the proposed development will not have significant impacts on statutorily protected nature conservation sites.

9.52. Conditions can secure a wide-ranging mitigation and enhancement including: a Biodiversity Method Statement, an Ecological Design Strategy, a Landscape and Ecological Management Plan, a BNG Biodiversity Gain Plan, a Habitat Management and Monitoring Plan (and monitoring fees), a Woodland Management Plan, an Ecological Lighting Strategy, a Biodiversity Construction Environmental Management Plan, Reptile Mitigation Strategy (translocation), resident and site information, green roofs, and other (non-BNG) measures such as bat and bird nest boxes, badger tunnel, log piles, dog bins and hedgehog holes.

Trees

9.53. The site contains 2 woodland Tree Preservation Orders (TPOs), one to the north and one to the south of Hangleton Lane. The northern TPO is unique in supporting a group of mature hedgerow elms with natural form and good physiological condition and likely forms the only elm woodland in the city. It is also remarkable in showing (to date) resistance to Elm Disease and will require careful management.

9.54. A total of 39 trees/groups are to be removed: 21 individual trees, 13 groups and 5 parts of other groups. Of these, 6 individual trees and 1 group are BS Category U (dead/dying) trees and all but 3 of the remainder are the lower BS Category C (lower quality, limited lifespan). Only 1 protected (woodland TPO) tree is to be removed - a Category C tree. This is considered a limited impact and is acceptable. The amended scheme moves the boundary of development away from the TPO woodland in the south-west corner, which is a significant improvement, and no protected trees within the southern site will be affected. Within the red/blue lines of the application site a total of 238 new trees are proposed, which is a significant enhancement.

9.55. When comparing the impact of the split site allocations versus the current consolidated proposal, some 100 trees (including a number protected by the woodland TPO) would be retained which would not otherwise, as they would need removal to accommodate the site and new access for that allocation.

9.56. The trees and woodland on and around the current site are not currently subject to active on-going woodland management. The proposed Landscape Strategy would retain important trees and place others of lower value with a wider variety of more appropriate new tree planting, together with a management plan secured via condition, which is a significant benefit. This would encompass areas within the blueline of the application site, within the applicant’s control.

9.57. The council’s Arboriculturist (and County Ecologist) raise no objection to the proposals, subject to conditions including for a long-term Woodland Management Plan.

9.58. See also Landscape comments below.

Landscape, layout and design

Policy Background

9.59. Policies CP12 and DM18 seek developments of high-quality design which make a positive contribution to a sense of place and the visual quality of the environment. Local context, scale and materials will be a consideration.  Policies CP13 and DM22 seek well-designed and inclusive public realm and landscaping.

9.60. Policies CP14 and DM19 seek to maximise development potential make effective use of sites. They allow for residential development at higher densities than those typically found in the locality where it can be adequately demonstrated that the proposal would be of a high standard of design and would help to maintain or create a coherent townscape, and would respect, reinforce or repair the character of the neighbourhood and contribute positively to its sense of place.

9.61. Policies SA4 and SA5 seek proposals that protect and enhance the wider landscape role of land within the urban fringe, the setting of the South Downs National Park (SDNP) and protect strategic views into and out of the city.

9.62. Proposals within the setting of the SDNP must have regard to the impact on the SDNP, and the council has a statutory duty to consider, and seek to further, the following statutory National Park purposes and duty:

· Purpose 1: To conserve and enhance natural beauty, wildlife and cultural heritage of the area

· Purpose 2: To promote opportunities for the understanding and enjoyment of the special qualities of the National Park by the public

· Duty: To seek to foster the social and economic wellbeing of the local communities within the National Park in pursuit of the purposes.

9.63. The special qualities of the SDNP can be summarised as:

· Diverse, inspirational landscapes and breathtaking views

· A rich variety of wildlife habitats including rare species

· Tranquil and unspoilt places

· An environment shaped by centuries of farming and embracing new enterprise

· Opportunities for recreational activities and learning experiences

· Well-conserved historical features and a rich cultural heritage

· Distinctive towns and villages, and communities

9.64. Policy SA7 seeks to retain a ‘green wedge’ within the Valley. The supporting text to policy SA7 at para 3.6 states that development of up to three storeys might be accommodated without harm to key views and the settings of nearby listed buildings, and that it is expected that any development proposals will need to incorporate appropriate buffers, landscaping and screening. 

Wider setting and landscape

9.65. The proposed development is relatively high density (as discussed in the Design section below) and involves 2 buildings of 4-storeys in height (apartment Block B and the central ‘marker’ building). The supporting text to policy SA7 with regards to suggested heights is acknowledged, however, it is now, at detailed application stage, that heights can be fully tested.

9.66. Visualisations have been provided from key viewpoints within the urban area and wider locations in the SDNP. These views were selected in conjunction with the County Landscape Architect, and they confirm they accurately and satisfactorily demonstrate that the impact of the development on the wider landscape setting, including to the SDNP.  

9.67. Whilst the boundary of the SDNP is some distance way (approx 470 metres), it is considered that the council’s statutory duty in relation to the SDNP is engaged, as the proposal is a major development that will be viewed within the wider setting of the Park and within views to and from it. The site also forms a green (visual/recreational/wildlife) link between it and urban areas. For the reasons set out in this report, it is considered that the proposals would further the purposes of the SDNP and its special qualities. The proposal would be sympathetic to its wider landscape setting and beauty. It would be located towards the lower, less visually sensitive, part of the Valley, and include significant landscaping. The proposals would both conserve and enhance important landscape features, heritage assets, wildlife habitats and recreation routes, which contribute to the setting and enjoyment of Park. The proposals would promote the cultural heritage and public understanding of the SDNP through inclusion of interpretation material and a ‘gateway’ in the Barn. The South Downs National Park Authority raise no objection or conflict with their policy documents for the area.

9.68. The development would be set in generous landscaped grounds, significantly softening its visual impact, which is appropriate in this semi-rural setting. From some viewpoints to the north the northern edge of the development would be perceptible as new rooftops. However, these would be seen against the backdrop of the existing urban area so the impact is not considered harmful. In views from surrounding elevated areas most of the proposed development would be screened by intervening topography and vegetation. The northern edge of the development would be perceived in close views from footpath H8a. The County Landscape Architect considers that with the proposed landscape mitigation in place, this would not have a significantly greater adverse effect on these views than a reduced scheme within the footprint of the area allocated in Policy SA7. In the view from St Helens Park the roofs of the proposed houses would be perceived above the existing built-up area and would not be intrusive.

9.69. The consolidated scheme north of Hangleton Lane would extend further to the north and east than the split allocated site however a landscaped buffer would be provided on the northern side of the development which incorporates an existing tall established hedge. Retention and enhancement of this historic hedge line is welcomed. A generous green corridor would be retained either side of the existing public footpath, which runs along the western side of the proposed development. A landscaped buffer with significant tree planting is proposed on the eastern side of the site between the new houses and the back gardens of Hangleton Valley Drive.

9.70. The proposed Landscape Strategy would provide generous tree planting and includes street trees. This would help to integrate the proposed development into the landscape and mitigate it from surrounding elevated viewpoints. Trees would be used to emphasise the landscape gateways from the public footpath into the western side of the development. The proposed tree planting strategy would create a high-quality environment and reinforce sense of place. The landscape proposals for the footgolf site, which lies to the north of the proposed houses, will help to screen the site from wider views to the north. They will improve the area for wildlife and for the experience of users of the footpath network.

9.71. The impacts of the amended scheme with an additional (4^th) storey to apartment Block B remains the same as the original scheme. This block, and the 4^th floor of the marker building, are located on the lower parts of the site, further mitigating their impact.

9.72. In terms of overall landscape and open space, leaving the southern site undeveloped is a significant benefit. The access to the northern parcel would be largely accommodated via an existing vehicle access. This would require the loss of some trees and scrub. Should the southern site have been developed this would have required a vehicle access through existing woodland and the removal of up to 100 trees. The southern site is also currently not effectively maintained and lacks sense of place, and the proposals will provide significant enhancements.

9.73. Importantly, the County Landscape architect considers that the proposal for a well-designed, landscape led development in the northern parcel could comply with Policy SA7 in terms of protecting the ‘green wedge’ connecting the Downs to the urban area. The key landscape considerations would be that the enhancements and management of the southern parcel of open space are secured in perpetuity. The landscape buffers to the east and west of the proposed development would be generous, and their detailed design and long-term management will also be important factors.

9.74. The Outline Landscape Management Plan sets out suggested management for the various landscape areas. The approach for the valley to be separated into distinct landscape character areas is supported and should help to reinforce local distinctiveness and sense of place.

9.75. The County Landscape Architect raises no objection, subject to conditions to secure protection of trees, detailed planting and landscaping and a Landscape and Ecological Management Plan (LEMP). The South Downs National Park Authority raise no objection to the Park’s setting or to its statutory purposes or duty, given the substantial separation distance, subject to careful consideration of external lighting. The proposal is considered to accord with the aforementioned policies and further the purposes of the SDNP, and is acceptable from a wider landscape point of view.

Density, Layout and Design

9.76. Policy CP14 sets general policy parameters for the density of residential development with an expectation for a minimum net density of 50 dwellings per hectare (dph).

9.77. Within the main housing site of 1.80ha (comprising 99 dwellings) the scheme achieves a density of approximately 55dph (and approximately 53dph if the conservation area cottages are included). This is relatively high compared with its suburban context but is considered appropriate as it is a well-designed scheme and is a distinct and separate new development. A higher density is achieved through a mix of flats and houses within an innovative layout and use of house types, rather than excessive massing, scale, or height. The layout is relatively spacious and contains significant landscaping. The design ensures there are no inactive backs of housing facing onto streets or public spaces. The standard of accommodation is good and the amenity for new and surrounding residents would not be compromised. The development would make effective and efficient use of the site, as required by policy, and would deliver an important amount of housing, and this is given weight.

9.78. As noted previously, the principle of one consolidated housing site in preference to the dual allocated site is accepted and is supported by the Design Review Panel, the Urban Designer and other consultees. It has clear benefits, including for place-making. The siting and layout of the scheme was amended to take account of advice given by the Design Review Panel at pre-application stage.  

9.79. The council’s Urban Designer is supportive of the layout of the scheme and considers it to be of good quality overall. They highlight that the alleyway or ‘twitten’ within the scheme should ideally be wider to be more inviting and safe, however, it is a short length only and is overlooked and, on balance, is considered acceptable. Also, given its location, it is only likely to be used by immediate residents wishing to access the allotments. The Police raise no objection. Redevelopment of the large, unsightly footgolf car park (which does attract anti-social behaviour currently) is a benefit of the scheme. The layout includes numerous connections to surrounding areas, and permeability is desirable and welcomed. Details of a formalised (modest) ‘gateway’ from Slyvester Way can be conditioned and will be a significant improvement.

9.80. It is considered that the proposed development scale and height is not excessive and provides well-considered marker buildings to help legibility. The community hub marker building fronts onto the public square in the centre of the residential area and will contribute to the identity of the settlement. The conservation area and Barn will also help give the place identity. The applicant proposes informal children’s play spaces across the scheme which is secured by condition.  The inclusion of food growing (allotments and orchard) is welcomed and complies with policies H2, SA6 and DM22. It also provides a reference to historic use of the site as a market garden.

9.81. The contemporary design approach is supported and makes references to existing geology and local vernacular in the area, which is welcomed, e.g. use of chalk-like clay cladding tiles, red clay roof tiles and clay stock bricks. Such an approach was encouraged by the Design Review Panel. The marker buildings contrast and complement the scheme and landscape character, in a proposed copper and bronze-like metal cladding. Sections of bungaroosh, a local material, are proposed which is welcomed and a condition can ensure their areas are increased so they are a more dominant feature as sought by the Urban Design and Heritage teams.  The development includes different designs. forms and materials which provide welcomed variety. Indicative hard landscape materials are considered sympathetic and good quality. Further architectural and material details can be secured via condition. 

9.82. The council’s Urban Designer confirms the scheme is of high quality and has architectural and urban design merit, with some distinctive and innovative features. It is considered that the development will present a compact, quality development within Hangleton and an uplift to an otherwise largely undistinguished townscape (SPD17/Urban Characterisation Study).

9.83. See below for assessment of the design in relation to heritage assets.  

Heritage

9.84. In considering whether to grant planning permission the council has a statutory duty to have special regard to the desirability of preserving or enhancing heritage assets such as listed buildings and conservation areas or their settings or any features of special architectural or historic interest which they possess. 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". Policies CP15, DM26, DM27, DM28 and DM29 are relevant in this regard.

Statement of Significance

9.85. As set out in the Benfield Barn Conservation Area Character Statement, the Conservation Area is all that remains of Benfield Manor Farm which was at the heart of the Norman manor of Benfield.  The boundaries of the Manor are still visible today in the remains of a pre-Norman bank and hedge to the east and west of Benfield Valley. Remains of the outbuildings to the east of the Grade II listed Benfield barn still survive. They are within the curtilage of the listed building and therefore have the same protection as the barn. 

9.86. The character and appearance of the conservation area is important to preserve or enhance.  It has a leafy setting and rural farm atmosphere, which include the remnants of low out-buildings, flint walled enclosures and rough cart tracks. Although this grouping is surrounded almost completely by open land, it is set very close to a more recently built-up area in the east and the busy by-pass to the west, making its character even more remarkable and important to preserve. The immediate setting of the listed barn, views of the barn from a distance, and views out of the conservation area need to be protected. The retention and use of materials such as flint, clay tiles, slate, stock brick and red brick dressings and quoins are important. 

9.87. The listing of Benfield barn states: 

“Barn. Probably C18. Coursed flint pebbles with red brick dressings and quoins, clay tiled roof. Plan: wagon entrances centre east and west fronts, outshuts under catslide roofs north-east and south-east, remains of three small single cell structures at south gable end. Gable ends with ventilation slits, square opening below eaves north-west corner, boarded up with corrugated-iron sheeting, timber post visible on facade to left of entrance, cast-iron sheeting to former double doors of wagon entrance, tiles missing from sections of outshuts; gable ends and much of facade obscured by vegetation at time of survey. Interior not accessible, said to have a queen post roof. The barn was part of the farm at Benfield Manorhouse, built early C17 and demolished 1871 when the range of cottages to the south (not included) was constructed. Further farm buildings of interest may survive beneath dense vegetation to east.” 

Heritage Impacts

9.88. As an ‘at risk’ heritage asset on Historic England’s register, significant weight is given to proposals that sympathetically repair, restore and bring the Barn and outbuildings back into active use. Weight is also given to securing their on-going management and maintenance, to ensure they are viable into the future and do not decline again.

9.89. In terms of the setting of the listed Barn and conservation area, the consolidated scheme is closer, and thus has a greater impact. This isbecause to the south and west the Barn has an open, undeveloped aspect. To the north and east, suburban housing has encroached into the setting. Any harm caused to the setting is however considered to be less than substantial, and outweighed by the positive aspects of the scheme.

9.90. The bolstered northern hedgerow would help mitigate the impact of the proposals, as would the falling land levels. Retention of the historic hedgerow and pathways is appropriate and is welcomed. The northern and eastern limits of housing, and significant landscaping proposals, secures space around the historic conservation area and retain a degree of ‘leafy’ semi-rural setting to it. The barn would still retain its place as a dominant feature within the wider landscape. Productive planting along the northern edge references past productivity of the land and gardens here. Space around the reinstated cottages and lower building heights on these edges enables views past the historic buildings and out to the more open rising land.  Bringing the housing development closer does have benefits of ensuring the Barn and the community hub are not isolated and are better connected to the new neighbourhood, and can play a central role in placemaking.   

9.91. Residential use was originally proposed at pre-application stage for all outbuildings, however it was considered inappropriate for the Barn outbuildings to the east, as this would have compromised their historic character and that of the conservation area (and would be contrary to Policy SA7). The low-key commercial workshops now proposed are more appropriate. The Heritage team raise no objection to reinstatement of a pair of cottages to the south in principle, given the previous residential uses in this location. They consider the uses now proposed in the conservation area to be the optimal viable use, which is welcomed.

9.92. Restricting the newbuild workshops within the existing footprint of the ruined buildings is a sympathetic approach. The retention of ruined walls and a chimney is welcomed and will help interpretation of the historic fabric and former buildings. The rebuilding of the historic boundary walls is an important benefit and will restore the historic enclosures. There is no objection to insertion of a new wall opening to the east, particularly given the wider place-making benefits of this, plus there is historic evidence of an opening here.

9.93. The proposed landscaping design within the conservation area eg use of bound gravel, achieves an informal, rural character, and it will be car-free, which will mean it will be more ‘low-key’ and allow greater views and interpretation of the heritage assets.

9.94. The Heritage team confirm there is no objection to an overtly contemporary design approach to the new build elements within the conservation area, with a clear distinction between new and old. The footprints and heights and pitched roofs of the outbuildings (including cottages) would be comparable to previous buildings, and remain subservient to Barn. The height of the cottages to the south has been reduced since first submitted, and they now have an improved relationship with the Barn. There will be a point of connection and shared materials palette to the proposed housing development, which will help tie the sites together.

9.95. The works to the Barn are considered acceptable – minimal interventions or loss of historic fabric are proposed and the important main open space will be retained. Architectural details and finishes can be adequately secured via condition. The Barn’s enhanced role as a key community use and gateway to the National Park is welcomed.

9.96. The submitted Heritage Assessment (and Visualisations) are considered to satisfactorily demonstrate that the other heritage assets in the wider area such as Hangleton Conservation Area, St Helen’s Church, the group of listed buildings at Hangleton Manor and the locally listed building of Foredown Tower will not see any erosion or reduction in their heritage significance. They are located some distance away and are distinctly separate. The development will secure interpretation material to allow understanding of the historic environment and historic settlements patterns in this area, and offers potential enhancement of heritage values at all of these assets.

9.97. The council’s Heritage team and the Conservation Area Group raise no objection, subject to conditions to secure detail. It is considered that the ‘ess than substantial’ harm caused to the setting of the Barn and conservation area from the loss of undeveloped land to the southwest, and minimal alteration to the significance of the buildings is outweighed by the significant heritage and public benefits of the scheme, in accordance with the NPPF. 

Archaeology

9.98. The site is located within an Archaeological Notification Area associated with Benfield Valley Anglo-Saxon cemetery, and Policy DM31 states that development proposals affecting heritage assets with archaeological interest will be permitted where it can be demonstrated that development will not be harmful to the archaeological interest of the heritage assets or their settings, having regard to their significance.

9.99. A desk-based archaeological report has been submitted with the application and has been assessed by the County Archaeologist. They agree with its overall conclusion that there is ‘high’ potential for impacts to heritage assets with archaeological interest. They consider that approval can be recommended subject to condition to secure a written scheme of investigation and a programme of archaeological works.

Transport

9.100. Policies CP9 and DM33, DM35 and DM36 seek to ensure that the demand for travel created by development is appropriately met, and that sustainable, safe and inclusive modes of transport are included and promoted. Parking provision is required to have due regard to SPD14: Parking Standards and include provision of EV chargers and disabled spaces, and adequate servicing arrangements should be provided. Policies require major developments to include transport infrastructure that improves equality of access to travel and supports the efficient use of space, such as cycle hire and car club schemes.

9.101. As an urban fringe site, the Valley is located on the outskirts of the city, however it does benefit from being within walking distance of a number of bus stops (approximately 230-330 metres) and local services. The site also benefits from an existing vehicular access. As an allocated development site, there is no objection in transport terms to delivery of a mixed-use development including circa 100 homes here in principle.

9.102. A Transport Assessment and associated documents including an Equalities Assessment and Stage 1 Road Safety Audit have been submitted with the application. The council as Local Highway Authority (LHA) has considered the proposal and the submitted documents, and they consider it would meet City Plan policy, including Policy SA7 objectives. This is discussed below. They recommend approval, subject to imposition of appropriate conditions and S106 obligations.  

Trip Generation and impact on junctions

9.103. The proposal will involve the site and surrounding area being more intensively used than currently, though this was accepted through the allocation of the site.

9.104. The submitted Transport Assessment has considered the impacts of development on the surrounding roads, providing overall trip generation estimates as well as junction modelling for the site entrance and the A293/Hangleton Lane roundabout. The development traffic itself is only projected to account for a small proportion of the junction traffic and the LHA agree with this conclusion. National Highways raise no objection regarding the impacts of the proposal on the A293 road or A27 junction.

Car parking

9.105. The parking demands created by the housing, community use, the existing footgolf use, plus new uses in the outbuildings, have been considered. There is vehicular parking throughout the scheme (141 spaces), which the LHA consider to be a broadly acceptable level to meet the demand created for occupiers and visitors, when taken together with the significant package of sustainable transport measures. EV chargers and disabled parking provision is considered acceptable. A mix of in-curtilage, on-street and car park provision is proposed.

9.106. The individual workshops are small and their use is likely to be non-intensive and low key, however, as they have potential for office use under use class E (g) this could generate higher staff numbers. Currently they are allocated 4 dedicated spaces plus shared visitor spaces. The LHA identify the potential for a modest degree of overspill parking in the wider area in this scenario if all used as offices. It is considered this potential impact would be limited only given their small scale, and must be viewed in the context of the wider policy aim which is to draw more people to this site and ensure the community and other uses are viable. Notwithstanding, to ensure any impacts are sufficiently mitigated, the submission of a further Parking Allocation Plan via condition can ensure sufficient dedicated parking is allocated for the non-residential uses eg through re-allocation of some visitor spaces. Also, Travel Plan measures will provide further mitigation, and these will include parking overspill surveys and consideration of new yellow lines on Hangleton Lane and Sylvester Way if needed.

Sustainable modes

9.107. In accordance with policy, the proposal includes a package of sustainable transport measures, which have been negotiated with the LHA and is considered acceptable.

9.108. A substantial package of footway and other highway improvements are to be secured including crossing points, widening and resurfacing. Improvements are proposed to pedestrian and cycling connections in the area on routes to local amenities, such as bus stops and schools. Existing footpaths will also be upgraded along with new wayfinding signage. Improvement to bus stops, eg to make them more accessible, will be secured. A formal pedestrian/cycle accessway linking the conservation area and community uses to Slyvester Way is proposed, which is a significant improvement and would make the development more permeable and accessible to the neighbouring area.

9.109. Formalising the status of the southern site as public parkland is welcomed and will ensure greater accessibility and inclusivity. Existing desire lines and footpaths across the parkland and footgolf areas will be enhanced.

9.110. Residential and Commercial Travel Plans will be secured. 2 car club cars and spaces are proposed. Policy-compliant cycle parking can be secured via condition.   

Internal street design, highway safety and servicing

9.111. A ‘shared space’ design is proposed for the residential area, and this is design approach is welcomed as it provides for a more attractive and less car-dominant design, with slower speeds which will benefit the local community. The application includes Stage 1 Road Safety Audit, and an Equalities Impact Assessment which do not raise any related concerns. Use of the existing access is acceptable if slightly remodified. Slightly raised footpaths in the shared space will help ensure the design is inclusive.

9.112. The LHA raise no objection to the design in principle, but they do suggest further measures are needed to deal with any potential issues that may be caused by visitors accessing the conservation area uses at busier times. The detailed design and layout of the internal streets, including measures to prevent haphazard parking, can be dealt with via condition.  A ‘permissive pathway’ agreement secured via S106 can ensure all highways within the scheme are publicly accessible.

9.113. The LHA confirm that deliveries/servicing can take place adequately in visitor bays or on-street and also on a temporary basis in the conservation area (which will be restricted via demountable bollards).

9.114. A Construction Environmental Management Plan (CEMP) can ensure transport impacts during construction are appropriately controlled.

Impact on Local Amenity

Policy background

9.115. Policies DM20 and DM40 seek to ensure that development does not cause unacceptable loss of amenity to the proposed, existing, adjacent or nearby users, residents, occupiers or where it is not liable to be detrimental to human health. Proposals should not give rise nor be subject to material nuisance and/or pollution that would cause unacceptable harm to health, safety, quality of life, amenity, biodiversity and/or the environment (including air, land, water and built form).

Privacy, light and outlook

9.116. The development is largely within a greenfield site and is bordered by roads on 2 sides and much of the northern boundary borders the open area of the footgolf. The nearest residential properties are to north of the conservation area and to the east. These are considered to be located a sufficient distance way beyond landscaped buffers, so as not to be adversely affected by way of loss of privacy, light or outlook. To the east, the new houses would be between about 26-30 metres to the nearest rear garden boundaries of neighbouring properties, with a distance of about 49-50 metres between the buildings themselves.  

9.117. There will be greater impact than currently on properties immediately north and east of the conservation area from the proposed workshop buildings, given that the outbuildings are in ruins. Their replacements will however be within their existing footprints and will be modest in scale and height (1-2 storey units), with roofs that hip away and only rooflights at upper level. They would be of a similar scale to the previous historic buildings, and this relationship is on balance considered acceptable. The outbuildings would not be located directly adjacent to common boundaries and landscaped buffers are proposed. At their closest, the (single storey) northern workshops would be approximately 6-9 metres away from the rear garden boundary and about 16-18 metres from the nearest buildings, and would be set at lower ground levels. To the east, the closest workshops would be about 9-10 metres from the side garden boundary to the property in Slyvester Way and at least 15-24 metres between buildings and whilst they would be set a higher ground level, this is not a significant difference and only rooflights are proposed at upper levels.

9.118. Rebuilding of the listed boundary walls will help provide a sense of enclosure to the conservation area, and greater security/privacy for residents.  

Lighting

9.119. A preliminary lighting report was submitted with the application and has been assessed by the council’s Environmental Heath team, and deemed acceptable in principle. A more detailed External Lighting Strategy will be secured via condition. This will ensure that no undue light spill outside of the site would occur that could otherwise adversely affect the amenity of occupiers of nearby residential properties, the wider semi-rural setting and wildlife.

9.120. The South Downs National Park is located some 460 metres north of the site. The report states that the effect of the lighting on the view from South Downs National Park of the development site will be negligible, due to the low level of light, the viewing angle and bollards producing no upward light, as well as blocking factors such as treelines and hedgerows. The Strategy can ensure that the bollards specified are approved by the International Dark-Sky Association to protect the status of the South Downs National Park as an International Dark Sky Reserve.

Noise:

9.121. The proposal will mean the site is more intensively used than present, including uses within the conservation area. This is accepted in principle given the City Plan allocation and aims of Policy SA7.

9.122. The main housing site as set away from residential neighbours and will be largely screened and contained by landscaping and will have minimal impact in terms of noise or disturbance to nearby occupiers. The footgolf use already exists and whilst its reception and storage facilities will be enhanced, it will have the same overall scale of operation and number of golf holes as now. The community use of the Barn will mean it is likely to be more intensively used and this is encouraged to ensure its future viability, in line with Development Plan objectives. The workshops are small and their use will be low key and compatible with a residential area eg light industrial workshop, recreation, sports and office. Conditions can control hours of operation of all non-residential uses to prevent any undue disturbance very early or late in the day. The new link into Slyvester Way will be modest and pedestrian/cycle only. It will introduce greater activity here, but any impact would be limited and would not outweigh the wider public benefits of having a permeable and more accessible scheme.

Air quality

9.123. An Air Quality Impact Assessment has been submitted that concludes that overall, the proposed development will have a non-significant effect on air quality, during both the construction and operational phases. The council’s Air Quality officer broadly agrees with this conclusion, as they note the housing is set back into the site away from busier roads and the site is located a significant distance from the city’s air quality management areas (AQMAs). The development itself will generate limited traffic to nearby junctions.

9.124. The request for a s106 contribution towards on-going air quality monitoring is noted, and can be secured via CIL if required, as it would have a wider strategic benefit and would not be directly related to the impacts of this development. Provision of EV charging points are to be secured via condition.  

Construction

9.125. A Construction Environmental Management Plan (CEMP) can ensure impacts during construction are appropriately controlled to protect amenity.

Standard of accommodation/layout

9.126. Policy DM1 seeks delivery of high quality homes and requires all residential units to meet the Nationally Described Space Standard (NDSS).

9.127. All units proposed would meet the NDSS, and all are considered to benefit from good outlook and light, which is welcomed. All units would be dual aspect, which is strongly encouraged. All units also would benefit from private outdoor amenity space and whilst the density is quite high, an innovative layout using a series of gardens and terraces is proposed which would satisfactorily meet the requirements of new residents, including those in larger family homes. Privacy screening can ensure there is no undue mutual overlooking.

Sustainability

Policy Background

9.128. Policies CP8, DM44 and H2 seek to ensure that developments incorporate sustainable measures and reduce carbon emissions. New dwellings must achieve at least a 19% improvement on the carbon emission targets set by Part L (2013) and non-residential development within major schemes should target BREEAM ‘excellent’ standard.  

Sustainable measures

9.129. The proposals are considered to contain a significant package of sustainable measures in compliance with policy, and no objection is raised by the council’s Sustainability Officer, subject to conditions.

9.130. The split site option was tested against the single site and a qualitative carbon footprint comparison for the single site indicates a lower impact, which is not disputed. An Energy Statement has been submitted which targets a carbon reduction over Building Regulations of 65%, amply meeting (and exceeding) current policies, which is welcomed. An EPC of B is targeted in line with policy. Water targets of 110 litres can be conditioned. The development would incorporate sustainable drainage methods.

9.131. A range of heating/hot water solutions are proposed, with air source heat pumps (ASHPs) for the majority of homes, and this is considered a reasonable solution, and can be conditioned. Following discussion with the council’s Sustainability Officer, the potential for a district heating network has been discounted as it would have a higher whole life carbon impact that individual pumps. Roof mounted solar panels are proposed which is welcomed, and can be conditioned. BREEAM ‘excellent’ standard is targeted for the non-residential new build elements, and a Pre-Assessment will be secured via condition to ensure this stays on track. It is appropriate that BREEAM apply only to the new build elements and not the Barn due to listing constraints. The Overheating Assessment submitted highlights the need to balance adequate ventilation versus noise mitigation, and this can be conditioned.

9.132. It should be noted that the development will likely be subject to Future Homes Standards which are due to come into force this year, which will further improve the sustainability of the scheme.

Drainage and pollution

Policy Background

9.133. Policies DM40, DM41 and DM42 seek to ensure development does not prejudice health, safety or the quality of the city’s environment including its water quality and supply or present a flood risk. Each development is required to be appropriate for the location taking account of ground conditions, land instability and vulnerability of future and surrounding occupants.

Drainage and Pollution Considerations

9.134. The development area is entirely located in a Flood Zone 1 which has a low risk of experiencing flooding from fluvial or tidal sources. The development is also at low risk of flooding from groundwater, surface water and infrastructure failure sources. The edge of a Source Protection Zone 2 (outer catchment) is located just within 500 metres of the eastern perimeter of the Site. The nearest licenced water extraction point is located almost 1.1 kilometres to the south.

9.135. As a former agricultural site, there is potential for historic contamination at Benfield Valley. The Environment Agency confirm that the identification of unspecified tanks on and near the site presents a medium risk of contamination that could be mobilised during construction to pollute controlled waters. Controlled waters are sensitive in this location because the proposed development site is located upon a principal aquifer.

9.136. The application includes a Flood Risk and Surface Water Drainage Strategy and a Phase 1 Desk Top Study relating to ground conditions. These conclude that the proposed development is not at risk of flooding and can be safely carried out without increasing the risk of flooding to downstream/surrounding properties, and that identified contamination can be mitigated via appropriate remediation. 

9.137. The proposed drainage network will use infiltration drainage that mimics the existing arrangement by ensuring all rainfall continues to drain into the underlying soil.  There will be no piped or positive discharges into local sewers or watercourses.  The completed system will manage surface water run-off up to the 1 in 100-year return period including a 40% allowance for climate change.  The surface water systems will include traditional positive drainage systems (Gullies, pipes, manholes, etc) that will be used in conjunction with SuDS systems in the form of permeable paving and proprietary infiltration tanks.

9.138. The submitted material has been assessed by consultees including the Environment Agency, Southern Water, the council’s Flood Risk/SuDs officer and the Environmental Health team. They concur with the findings and conclusions and recommend approval subject to imposition of conditions to secure details of the following: a desktop study; site investigation; remediation and verification work; measures to protect the water supply; drainage details; and SuDs maintenance.  

Other considerations

Public Health

9.139. Policy CP18 Healthy City seeks to ensure developments reduce health inequalities and promote healthier lifestyles, and Health Impact Assessments (HIA) are required for larger and strategic development to demonstrate how they minimise negative impacts and maximise positive impacts on health within the development or in adjoining areas.

9.140. A preliminary HIA has been submitted, and the comments of the Public Health Team are noted. As a relatively small-scale scheme, it does not generate the demand for dedicated on-site health facilities but there are facilities in the wider area, and these are accessible to new residents. It is clear that the proposal will secure most of the measures sought by the Public Health Team – notably new good quality ‘healthy’ and affordable housing, environmental improvements, access to green spaces/new parkland, retention and enhancement of footpaths, promotion of active travel and lifestyle, enhancement of recreation, incorporation of crime prevention measures, inclusive design, and delivery of a new vibrant neighbourhood and facilities that can be shared with the local community.  

Crime prevention

9.141. Crime prevention is a material planning consideration and policy CP13 seeks the creation of safe and inclusive public spaces.

9.142. Sussex Police raise no objection to the scheme and highlight the benefits of the proposed layout, subject to detail. A condition can ensure crime prevention measures are included within the scheme. The slightly widened ‘twitten’ and introduction of surveillance is welcomed. The introduction of active uses and the cottages in the conservation area will help provide surveillance and prevent crime including fly tipping. Rebuilding the boundary walls will improve security also.

9.143. The comments of Sussex Police requesting S106 funds towards replacement cameras is noted but is not considered justified or directly related to the development, and can be bid for via CIL if required. 

Employment Training:

9.144. As per Policies CP2 and CP7, a financial contribution via s106 is recommended towards the council’s Local Employment Scheme and to secure a Training Strategy, to promote sustainable economic development. 

Other

9.145. It is noted that some representations received mention potential loss of property value or loss of a view, and that the proposal contradicts covenants or ‘promises’ made not to develop the land. These are not material planning considerations.  

10. SUMMARY & PLANNING BALANCE

10.1. The main purpose of Special Area Policy SA7: Benfield Valley is to facilitate the positive and ongoing management and maintenance of Benfield Valley’s open spaces, wildlife habitats and heritage assets and to improve and enhance public access and connectivity with the adjoining urban areas and to the South Downs National Park. To help facilitate this, and in recognition of the city’s wider housing needs, provision was made for an element of residential development (policy H2).

10.2. Therefore, the principle of residential use within Benfield Valley is established and accepted through its policy allocation.

10.3. The one-site consolidated scheme north of Hangleton Lane represents a departure from the two-site housing allocations north and south of Hangleton Lane, and it is partly located within a designated Local Green Space. As such, a robust case for the development is required and ‘very special circumstances’ must exist to justify the scheme.

10.4. The consolidated proposal would be approximately 8% larger than the split scheme but it is considered it would have an acceptable impact overall, despite the aim of policies DM38 and SA7 to retain open space. The development is effectively a land swap with a similar amount of dwellings and leaves the southern site undeveloped. As set out in this report, it is considered that, in combination, a set of ‘very special circumstances’ exist to justify the scheme and the loss of a relatively small area of Local Green Space. The development is considered to deliver the overarching key requirements of policies SA7 and complies with policy DM38 and the objectives of the Development Plan as a whole. This is given significant weight in the planning balance.

10.5. It is considered that the consolidated scheme has a clear set of advantages versus split scheme in terms of place-making, landscape and biodiversity impact, carbon footprint/efficient use of land, impact on trees, access, heritage, open space benefits including new parkland, and overall community benefit.  In addition, the proposal would restore at risk heritage assets and significantly enhance the conservation area and ensure it is integrated within the development.  The creation of a public park is a significant benefit as are the enhanced connections and linkages across it and the wider site.

10.6. The ‘green wedge’ will be retained within the Valley through landscaped areas in the site and generous buffers either side of the housing development, and by retaining the southern site as parkland and enhancements to existing open spaces. The proposal will improve access to the Downs, and the Barn can act as a gateway and will contain interpretation materials.

10.7. The proposals are well-designed and make efficient use of the site without unduly compromising amenity or wider views of the development within the valley. The impact to the setting of the National Park is acceptable and its statutory purposes and duty will be protected and furthered by the proposals.

10.8. The delivery of a substantial quantum of good quality housing, including much needed policy-compliant affordable and family-sized housing, is given significant weight given the city’s low supply. The proposal includes a sustainable mix of uses including community and small-scale employment generation uses, which would enliven the area and make a positive contribution towards meeting the aims of Policy SA7, despite some uses within the conservation area (eg residential and office), not strictly being sought by policy SA7.

10.9. The proposal would achieve 20% biodiversity net gain – a significant improvement, double the mandatory amount, within the Valley itself and this is given weight. The scheme would provide mechanisms to secure long-term management and maintenance of open spaces, wildlife habitats, landscape and woodland, and heritage assets, which is given significant weight.

10.10. Significant weight is given to the fact that consultees raise no objections to the proposal (subject to appropriate conditions).

10.11. It is considered that the consolidated one-site option is the most appropriate and effective way of facilitating the delivery of the key objectives for Benfield Valley as set out in City Plan Part Two Policy SA7, and Development Plan objectives.

10.12. It is considered that the benefits of the scheme outweigh the disadvantages, and the proposal will not unduly compromise Benfield Valley’s role as a valued area for recreation, tranquillity, wildlife or heritage, or its linkages to adjacent urban areas and the Downs, and in fact will represent an enhancement.  The proposal would deliver the key objectives of Policy SA7 including long-term management and maintenance of all open spaces and heritage assets for both the local community and the city as a whole.

10.13. The development would deliver a well-designed and sustainable new neighbourhood for the city, and significant public benefits, and approval is recommended.  

11. COMMUNITY INFRASTRUCURE 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.

11.2.  The CIL liability (after social housing relief is taken into account based on 40% affordable units) is likely to be approximately £582,500. 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. 

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;

(c) foster good relations 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.

12.3. Conditions will be imposed to ensure the development is accessible and meets appropriate M4(3) ‘accessible housing’ standards and includes sufficient disabled parking spaces. Improvements to access across the site and wider parkland and footways is also part of the scheme.

13. REASONS FOR REFUSAL IF S106 NOT COMPLETED

13.1. The proposed development fails to provide a mechanism (via a Section 106 legal agreement) to secure the necessary provision of 40% affordable housing within the scheme or a housing mix which meets the identified housing need in the city, contrary to policies SS1, CP1, CP7, CP19, CP20 and SA6 of the Brighton and Hove City Plan Part One, DM1, SA7 and H2 of the Brighton and Hove City Plan Part Two, the Council's Developer Contributions Technical Guidance and the NPPF.

13.2. The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure delivery of the necessary publicly accessible Southern Parkland and associated enhancements, or delivery of other open space, enhancement to linkages, public realm, food growing areas, informal children’s play areas or interpretation materials, contrary to policies SS1, CP7, SA6, CP12, CP13, CP14, CP16, CP17 and CP18 of the Brighton and Hove City Plan Part One, SA7, DM18, DM22, H2, DM37 and DM38 of the Brighton and Hove City Plan Part Two, the Council's Developer Contributions Technical Guidance, Planning Advice Note 06: Food Growing and Development.

1.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure a long-term maintenance and management strategy for the Southern Parkland, Northern Downland/Footgolf, conservation area and Barn, or the residential landscape/public realm/food growing areas, contrary to policies SS1, CP7, SA6, CP12, CP13, CP14, CP16, CP17 and CP18 of the Brighton and Hove City Plan Part One, SA7, H2, DM18, DM22, DM37 and DM38 of the Brighton and Hove City Plan Part Two, the Council's Developer Contributions Technical Guidance, Planning Advice Note 06: Food Growing and Development.

2.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure the delivery or management/maintenance of a community  hub within the heart of the residential area to meet the demand created by the new residential occupiers of the development, contrary to policies SS1, CP5, CP7, SA6, CP12, CP17 and CP18 of the Brighton and Hove City Plan Part One, SA7, H2 and DM9 of the Brighton and Hove City Plan Part Two, the Council's Developer Contributions Technical Guidance and the NPPF.

3.       The proposed development fails to provide a mechanism (via a Section 106 legal agreement) to ensure the provision of necessary transport and travel measures and highway works to satisfactorily mitigate its impacts or meet the travel demand created by the development. Without a section 106 agreement the necessary publicly accessible highway and other works could not be secured for road safety and pedestrians or the promotion of use of sustainable modes of transport including walking, cycling and bus use including linkages across the southern parkland and footgolf area. In addition, there would not be a mechanism to ensure the proposed highway works are carried out in a timely way or are safely designed. The proposal is therefore contrary to policies SS1, SA7, SA6, CP7, CP8, CP9, CP12, CP13 and CP18 of the Brighton and Hove City Plan Part One, DM33, DM35, H2 and DM36 of the Brighton and Hove City Plan Part Two, the Council's Developer Contributions Technical Guidance and the NPPF.

4.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure an Employment and Training Strategy specifying how the developer or their main contractors will provide opportunities for local people to gain employment or training on the construction phase of the proposed development contrary to policy SS1, SA6, SA7, CP2 and CP7 of the Brighton & Hove City Plan Part One and the Council's Developer Contributions Technical Guidance.

5.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure a financial contribution towards the City Council’s Local Employment Scheme to support local people to employment within the construction industry, contrary to policy SS1, SA6, SA7, CP2 and CP7 of the Brighton & Hove City Plan Part One and the Council’s Developer Contributions Technical Guidance.

6.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure delivery of an on-site artistic component, contrary to policies SS1, SA6, CP5, CP7, SA7 and CP13 of the Brighton & Hove City Plan Part One, and the Council's Developer Contributions Technical Guidance, Planning Advice Note 10: Public Art and the Council’s Public Art Strategy 2022.

7.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure a financial contribution to ensure timely monitoring and compliance of the conditions and obligations associated with the scheme including overall monitoring of the Section 106, BNG Biodiversity Gain Plan, Habitat Management and Monitoring Plan (HMMP) and the Travel Plans, therefore effective implementation and timely delivery of Development Plan cannot be ensured, contrary to policy SS1, SA6, CP7, SA7 and H2 of the Brighton & Hove City Plan Part One and the Council’s Developer Contributions Technical Guidance.