No:

BH2024/01310

Ward:

Queen's Park Ward

App Type:

Full Planning

 

Address:

12 Richmond Parade Brighton BN2 9QD     

 

Proposal:

Conversion of, and extension to, the existing mixed-use building to form a mixed-use Class E/Class F building. Erection of additional storey at third floor level and extension of second floor level; the addition of a lift and stair access core extension, alterations and repositioning of north elevation entrance gates, addition of solar panels to rooftop and provision of additional cycle parking and disabled car parking with associated works.

 

Officer:

Steven Dover,

tel:

Valid Date:

28.05.2024

 

Con Area:

 

Expiry Date: 

23.07.2024

 

Listed Building Grade: 

EOT:

15.02.2025

Agent:

Lewis And Co Planning SE Ltd   2 Port Hall Road   Brighton   BN1 5PD                 

Applicant:

Copsemill Properties Ltd   12A Orange Row   Brighton   BN1 1UQ                 

 

 

 

1.               RECOMMENDATION

 

1.1.          That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to GRANT planning permission subject to the following Conditions and Informatives:

 

Conditions:

1.         The development hereby permitted shall be carried out in accordance with the approved drawings listed below.

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

Plan Type

Reference

Version

Date Received

Location and block plan

2101/P/001  

28-May-24

Proposed Drawing

2101/P/101  

B

07-Feb-25

Proposed Drawing

2101/P/201  

A

28-May-24

Proposed Drawing

2101/P/202  

A

28-May-24

Proposed Drawing

2101/P/203  

A

28-May-24

Proposed Drawing

2101/P/204  

A

28-May-24

Proposed Drawing

2101/P/205  

A

28-May-24

Proposed Drawing

2101/P/206  

A

28-May-24

Proposed Drawing

2101/P/207  

A

28-May-24

Proposed Drawing

2101/P/102  

25-Oct-24

 

2.         The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions.

 

3.         The first and second storey of the premises hereby permitted, as detailed on plan 2101/P/102 received on the 25th October 2024, shall be used for the provision of education (Use Class F(a)) only and for no other purpose (including any other purpose in Class F 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 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 supply of employment floorspace in the city given the identified shortage, to comply with policies CP2 and CP3 of Brighton & Hove City Plan Part One.

 

4.         The F1(a) use hereby permitted shall not be carried out except between the hours of 08:00 and 19:00 on Mondays to Friday, and between the hours of 09:00 and 13:00 on Saturday, and not at all on Sundays and Bank or Public Holidays. 

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

 

5.         The playing or generation of music and the provision of any kind of associated entertainment or performance shall not take place on the car parking or outdoor areas hereby permitted.

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

 

6.         The third and fourth storey of the premises hereby permitted, as detailed on approved plan 2101/P/102 received on the 25th October 2024, shall be used as an office (Use Class E(g) (i) and (ii)) only and for no other purpose (including any other purpose in Class E 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 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 supply of office floorspace in the city given the identified shortage, to comply with policies CP2 and CP3 of Brighton & Hove City Plan Part One.

 

7.         The office (class E(g)) use hereby permitted shall not be carried out except between the hours of 08:00 and 19:00 on Mondays to Friday, and between the hours of 09:00 and 13:00 on Saturday, Sundays and Bank or Public Holidays. 

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

 

8.         The development hereby permitted shall incorporate at least 8 (eight) swift bricks within the external walls which shall be retained thereafter. 

Reason: To enhance the biodiversity of the site and to comply with Policy 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.

 

9.         At least one bee brick shall be incorporated within the external wall of the development hereby approved and shall be retained thereafter.

Reason: To enhance the biodiversity of the site and to comply with Policy 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.

 

10.      Prior to first use of the additional fourth storey of the development hereby permitted, a scheme for landscaping shall be submitted to and approved in writing by the Local Planning Authority. The approved landscaping shall be implemented in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. The scheme shall include the following:

a.       details of all hard and soft surfacing to include the type, position, design, dimensions and materials and any sustainable drainage system used;

b.       details of the construction of the green roofs have been submitted to include a cross section, construction method statement, the seed mix, and a maintenance and irrigation programme;

c.       details of all boundary treatments to include type, position, design, dimensions and materials;

The roofs shall then be constructed in accordance with the approved details and shall be retained and the green roofs maintained as such thereafter; any trees or plants, including those on the green roof, 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, to comply with policies DM22 and DM37 of Brighton & Hove City Plan Part 2, and CP8, CP10, CP12 and CP13 of the Brighton & Hove City Plan Part One.

 

11.      Prior to first use of the additional fourth storey of the development hereby permitted, a scheme of Travel Plan measures to promote sustainable transport to and from the site shall have been submitted to and been approved in writing by the Local Planning Authority. The Scheme should include but not be limited to, the following measures: 

·         The provision of up-to-date public transport information within the building and to users of the building:

·         Promotion of sustainable travel for staff and centre user trips including a range of bicycle workshops and training for centre users

·         Sustainable transport promotional material being readily available to staff, centre users and visitors including cycle and bus routes and a schedule of sustainable travel activities and events.

The above works must be implemented prior first use of the additional fourth storey on the site and thereafter be maintained as such.

Reason: To ensure the development maintains a sustainable transport strategy and to comply with policies SA6, CP7, CP9, CP12, CP13 and CP15 of the City Plan Part One and DM35, DM33 of the Brighton & Hove City Plan Part Two.

 

12.      Prior to first use of the additional fourth storey of the development hereby permitted, details of secure cycle parking facilities for the occupants of, and visitors to, the development shall have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to first use of the additional fourth storey of the development and shall thereafter be retained for use at all times.

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

 

13.      Notwithstanding any details shown on the approved plans, no development above second 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 have been submitted to and approved in writing by the Local Planning Authority, including (where applicable):

a)      Samples/details of all brick, render and tiling (including details of the colour of render/paintwork to be used)

b)      samples of all cladding to be used, including details of their treatment to protect against weathering 

c)       samples/details of all hard surfacing materials 

d)      samples/details of the proposed window, door and balcony treatments

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

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

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

 

14.      Access to the flat roofs over the development hereby approved shall be for maintenance or emergency purposes only and the flat roofs shall not be used as a roof garden, terrace, patio or similar amenity area.

Reason: In order to protect adjoining properties from overlooking and noise disturbance and to comply with Policies DM20 and DM21 of Brighton & Hove City Plan Part 2.

 

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.         Swift bricks/boxes can be placed on any elevation, but ideally under shade-casting eaves. They should be installed in groups of at least three, at a height of approximately 5 metres above ground level, and preferably with a 5m clearance between the host building and other buildings or obstructions. Where possible avoid siting them above windows or doors. 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 where appropriate.

 

3.         To be in line with Policy DM33 of the City Plan cycle parking must be secure, convenient, well lit, well signed and wherever practical, sheltered.  The Local Highway Authority's preference is for Sheffield type stands to ensure the main frame of the bicycle can be securely stored. Alternatively, a combination of power assist two-tier type and Sheffield stands (25% minimum). There should also be spaces in a lockable shelter or enclosure for staff in the offices (and ideally school staff) as this will promote their use. Sheffield stands must be spaced in line with the guidance contained within the Manual for Streets section 8.2.22, and two tier type as per manufacturers specifications.

 

4.         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.

 

Biodiversity Net Gain  

Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because one or more of the statutory exemptions or transitional arrangements are considered to apply.  These can be found in the legislation.

 

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that, unless an exception or a transitional arrangement applies, the planning permission granted for the development of land in England is deemed to have been granted subject to the condition ("the biodiversity gain condition") that development may not begin unless:

(a)     a Biodiversity Gain Plan has been submitted to the planning authority, and

(b)     the planning authority has approved the plan. 

 

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Brighton & Hove City Council.

 

 

2.               SITE LOCATION 

 

2.1.          The application relates to a property located on the southern side of Richmond Parade. The site entrance is located on Richmond Parade, with the majority of the building footprint located to the eastern side of Sussex Place. The existing building is one- to three-storeys high with the highest element located to the southwest corner. A single storey loading bay and storage area is attached to the three-storey element on the eastern side. To the north of the application site is an attached one storey building, No.14 Richmond Parade, which does not form part of the application.

 

2.2.          To the west of the site, on the opposite side of Sussex Place, lies the Valley Gardens Conservation Area.

 

2.3.          The site currently operates as a mixed-use building with the Brighton Academy (performing arts college) operating from the ground floor and first floor. The second floor is in separate office use. The current lawful use class of the building is considered to be a mixed-use Class E (commercial/business/service use) and Class B8 (storage/distribution use) which together is sui generis – beyond any use class. The application is therefore part retrospective as planning permission is required for the Brighton Academy use which falls within the F1(a) use class.

 

 

3.               RELEVANT HISTORY 

 

3.1.          BH2023/02212 Proposed extensions to existing Class E mixed use building comprising; additional storey at third floor level and extension of second floor level; the addition of a lift and stair access core extension; over-cladding and thermal upgrading to existing elevations and addition of solar panels to rooftop. Refused 08.12.2023 for the following reasons:

“R1: The proposal, by reason of its design, scale, overall bulk and massing, with the addition of a new storey and third storey extensions, combined with the use of roof materials, fenestrations and cladding, which are alien and not reflective of the existing character, would result in a development which would appear over developed, failing to respect the characteristics of the streetscene and local area, appearing out of scale and incongruous with the surrounding development. It would appear overly dominant within the streetscene and have an adverse visual impact on the appearance and existing character of the property, wider streetscene and the setting of part of the adjacent Valley Gardens Conservation Area. For these reasons, the development would be contrary to policies DM18, DM21 and DM29 of the Brighton and Hove City Plan Part Two and guidance within SPD17. 

 

3.2.          R2: The proposed forth storey roof terrace and third storey roof terrace would provide elevated private amenity space, close to neighbouring windows and amenity space, which would provide views into neighbouring rooms and amenity space, giving rise to a greater degree of actual and perceived overlooking and loss of privacy.  Additionally, the roof terraces have the potential to give rise to significant noise and disturbance for surrounding residents.  For these reasons, the development is considered to be unneighbourly and intrusive and would harm the residential amenity of neighbouring occupier's contrary to policy DM20 and DM40 of City Plan Part Two. 

 

3.3.          R3: The application contains insufficient information regarding the transport impacts of the development, and it has not been adequately demonstrated that the proposed development would fully meet the transport needs of occupiers. On the basis of the information provided, the proposal fails to provide adequate levels of cycle parking for the expected occupancy levels and does not provide sufficient accessible disabled car parking spaces. The inability for occupiers to securely and conveniently store bicycles would disincentivise their use, and would encourage travel by less sustainable means. Insufficient accessible parking would mean the development is not fully inclusive. For these reasons, the proposed development would be contrary to policies CP9 of the Brighton and Hove City Plan Part One and DM33 and DM36 of the Brighton and Hove City Plan Part Two, and SPD14:Parking Standards.” 

 

 

4.               APPLICATION DESCRIPTION

 

4.1.          This application seeks extensions to the existing mixed-use building, comprising an additional (fourth) storey on top of the three-storey element and extension of the three-storey element to the north. The proposed building would therefore be four storeys for the majority of the elevation facing Sussex Place to the west, but would slope down to three and then two storeys in height fronting Richmond Parade.

 

4.2.          The works include the addition of a lift and stair access core extension to all levels with elevational works to provide over-cladding and thermal upgrading with the addition of solar panels and a green roof system to the rooftop.

 

4.3.          The proposal has been amended in response to the previously refused application BH2023/02212. It seeks a similar form of development, while addressing the reasons for refusal, with the removal of roof terraces, new elevational appearance, and full transport reports. The proposed internal floor plan uses have been amended during the course of the current application to reflect the changing situation of the existing and proposed future tenants. The main effect of this is that an educational (F1(a)) use class is sought for all of the ground and first floor (for the Brighton Academy), with an office (E(g) use class) for the second and third floors. The resulting development would continue to be mixed in use class and therefore constitutes a sui generis use (outside of any use class).

 

4.4.          The plans have been further amended since submission to increase the amount of cycle parking and disabled parking onsite, meeting concerns raised by Transport officers.

 

 

5.               REPRESENTATIONS

 

5.1.          Objections from five (5) individuals have been received raising the following issues:

·         Noise - created from the performing arts use

·         Overdevelopment and design

·         Lack of car parking

·         Inappropriate height of development

·         Loss of privacy

·         Overshadowing

·         Detrimental effect on property value

·         Restriction of views

·         Loss of light

 

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

 

 

6.               CONSULTATIONS 

Internal: 

 

6.1.          Economic Development:  No Comment to make 

 

6.2.          Heritage:  No objection Verbal comments 

No objection to the proposal on heritage grounds.

 

6.3.          Planning Policy:   Comment received 

Should the change of use of ground and first floor to F1.a be considered in accordance with City Plan Policy CP3 an appropriately worded condition would be acceptable in principle for the ground floor and first floor for Use Class F1.for the provision of education only. 

 

6.4.          Given the need to safeguard studio/workspaces for creative businesses in the city the case officer should condition the second and third floor for E(g) use to maintain employment floorspace in accordance with Policy CP3 Employment Land. 

 

6.5.          The Brighton Academy offers degree level courses musical theatre and professional dances, it currently operates from 4 campuses in the city with 12 staff and 95 students. It is not clear if the expansion on this site will rationalise the number of campuses. It is considered that the proposal would meet the requirement of new community facilities set out in Policy DM9.

 

6.6.          Sustainable Transport:  No Objection subject to conditions 

Clarification has been given regarding the proposed uses of each floor. 

 

6.7.          The applicant is now proposing 74 cycle spaces which is considered acceptable for the proposed floorspace and uses. A condition is needed to ensure the proposed spaces are secure as no details have been provided at this stage.  

 

6.8.          Three disabled car parking bays are now provided which is considered acceptable for the proposed development, and these are suitably located and designed. No objection to existing parking onsite.

 

6.9.          A travel plan is required to ensure sustainable forms of transport are encouraged; this should be secured by condition.

 

6.10.       Urban Design:   Seek amendments/further information  

Overall design significantly improved over the previous refused application. 

 

6.11.       Landscaping plan should be sought to improve amenity areas, and boundary improvements. 

 

6.12.       Full details of roof finishes and green roof needed, and materials should be conditioned to ensure suitable quality/appearance.

 

6.13.       Improvements to detailing and windows suggested.

 

6.14.       Full details of consultation responses received can be found online on the planning register, with the exception of the verbal responses noted above.

 

 

7.               MATERIAL CONSIDERATIONS 

 

7.1.          In accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, this decision has been taken having regard to the policies and proposals in the National Planning Policy Framework, the Development Plan, and all other material planning considerations identified in the "Considerations and Assessment" section of the report.

 

7.2.          The development plan is:

·         Brighton & Hove City Plan Part One (adopted March 2016);

·         Brighton & Hove City Plan Part Two (adopted October 2022);

·         East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (adopted February 2013, updated October 2024); 

·         East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan (adopted February 2017); 

·         Shoreham Harbour JAAP (adopted October 2019).

 

 

8.               RELEVANT POLICIES & GUIDANCE 

The National Planning Policy Framework (NPPF) 

 

Brighton & Hove City Plan Part One: 

SS1              Presumption in Favour of Sustainable Development

CP3              Employment land

CP5              Culture and tourism

CP8              Sustainable Buildings

CP9              Sustainable transport

CP10            Biodiversity

CP11            Flood risk

CP12            Urban design

CP15            Heritage

 

Brighton & Hove City Plan Part Two: 

DM9             Community Facilities

DM18           High quality design and places

DM20           Protection of Amenity

DM21           Extensions and alterations

DM26           Conservation Areas

DM29           The Setting of Heritage Assets

DM33           Safe, sustainable and active travel

DM36           Parking and servicing

DM37           Green Infrastructure and Nature Conservation

DM40           Protection of the Environment and Health - Pollution and Nuisance

DM44           Energy Efficiency and Renewables

 

Supplementary Planning Documents: 

SPD03         Construction & Demolition Waste

SPD11         Nature Conservation & Development

SPD12         Design Guide for Extensions and Alterations

SPD14         Parking Standards

SPD17         Urban Design Framework 

 

 

9.               CONSIDERATIONS & ASSESSMENT 

 

9.1.          The main considerations in the determination of this application relate to the impact of the proposal on the character and appearance of the building, the wider area and the setting of the adjacent conservation area, and the impact on neighbouring amenity and the local highway network.

 

Principle of the Development: 

9.2.          The existing building appears is in a mixed use with various offices which would be considered to fall within Use Class E, and also occupied by the Brighton Academy would be considered Use Class F1(a), with dance/performance areas. The last lawful uses of the building appear to fall under retail and storage, so use Classes B8 and Class E. No permission for a change of use to incorporate a F1 use has been approved. 

 

9.3.          The application is therefore part retrospective for the partial change of use to educational (F1(a)), along with providing additional office space. The application would increase the amount of existing internal floorspace from 978sqm to 1350sqm, so a total increase of 372sqm of gross internal floorspace. Of this proposed floorspace, 797sqm would be in educational (F1(a)) use, and the remainder, 553sqm, would be in office (E(g) class) use.

 

9.4.          The proposed development seeks a loss, retrospectively, of use class E or B8 floorspace of 425sqm (978 - 553sqm) to educational use (use class F1(a)). Policy CP3 requires that sufficient employment sites and premises will be safeguarded in order to meet the needs of the city to 2030 to support job creation, the needs of modern business and the attractiveness of the city as a business location.

 

9.5.          Whilst there has been no evidence submitted on unsuitability or redundancy to address the requirements of CP3 in relation to the partial loss of previous storage/warehouse space it should be noted that although there is a loss of floorspace to educational use, there would be a gain in floorspace overall on the site, and two floors would be retained in office use. Further, the change of use from storage/warehouse space to office floorspace would be in accordance with Policy CP3 and the proposed use for F1(a) education use is an alternative employment generating use which would accord with CP3.

 

9.6.          On this basis the principle of development of a (Sui Generis) mixed-use which incorporates use classes office and education use (classes E(g) and F1(a)) is acceptable. This is subject to conditions restricting the respective floors to those use classes alone, as they are considered suitable and employment generating, whereas other uses in such classes would not be considered acceptable.

 

Design, Appearance and Heritage impacts: 

9.7.          Policy DM18 of CPP2 requires that proposals consider local context, including responding positively to the urban grain and the scale and shape of existing buildings. Policy DM21 of CPP2 requires alterations to existing buildings to be well designed, scaled, sited and detailed in relation to the host property and take account of the existing character of the street. As a general rule, extensions and alterations are expected to play a subordinate role that respects the design, scale and proportions of the host building and the streetscape. 

 

9.8.          Policy DM26 of CPP2 requires that particular regard should be given to the historic development pattern of the area, paying attention to the typical building forms and building lines of the area, including scale, rhythm and proportion. Policy DM29 of CPP2 requires that development within the setting of heritage assets would be permitted where it does not harm the contribution such asset makes. The guidance in SPD 17 gives significant information in relation to the design of developments, in particular the importance of the impacts on the streetscene, character of the area and preservation and enhancement of existing views.

 

9.9.          It is noted that although the current application is similar in appearance to the previous application it has undergone amendments from that previously refused (BH2023/02212). The main areas of change are as follows:

·         The roof terraces at the second and third floors have been removed.

·         The size of the new third floor has been reduced slightly, with a revised fenestration pattern.

·         The appearance of the new elevations is now more coordinated, particularly the new third floor, with cream cladding and grey zinc panels.

·         The proposed cycle parking layouts and disabled parking have been provided, with a full transport assessment.

 

9.10.       The proposed development would significantly increase the bulk and massing of the existing building with the addition of a new storey to create a fourth storey, and the extension of the existing third storey to the north. This would create an increase of 38% over the existing floorspace. 

 

9.11.       The existing elevations, which are currently predominantly cream rendered/painted would be over clad in a new insulating system, which would be cream in colour, with some contrasting grey zinc panels. Elements of the ground floor would remain rendered and painted grey. The new additions to the second floor would have the same cream clad finish, which is to be applied to the existing elevations, while the third floor would be entirely clad in grey zinc contrasting panels. The fenestration would all be dark grey framed, with the existing replaced to match where appropriate. To the southern and northern end of the new fourth storey balconies would be created with glazed balustrades, and one to the northern end of the extended third storey. These are incorporated within the floorspace of the revised building and would not extend to create open air roof terraces.

 

9.12.       The northern part of the fourth-floor roof would be further extended in height, angling up from the proposed flat roof. The flat roof area would have 5 angular projections running parallel in a west east orientation, which would incorporate roof lights to the north and solar panel arrays to the south facing elements, with a green roof system to the remainder.

 

9.13.       The resulting development is clearly a substantial increase in the size, bulk and massing over the existing building, appearing somewhat convoluted and designed to accommodate the desired internal space, rather than fully complementing the host property or character of the area. It is acknowledged however that the site is constrained by the existing one storey element to the north, which is not part of the application site.

 

9.14.       The design is still not considered optimal and suggested improvements/comments from the Urban Design Officer and Planning Officer have not been incorporated into the appearance and form of the building. The applicant has only updated the plans to show the proposed uses, and revised parking in relation to transport comments.

 

9.15.       However, with elevations that incorporate suitably coloured materials, particularly for the new fourth storey, with the removal of the roof terraces, which significantly increased the visual appearance/contrast of the revised building in the wider public realm, the revised building with reduced fenestrations to the new third floor, is considered more suitable in appearance. In addition due to the setting of the building, which is screened by tall buildings to the west and east, it has relatively limited vantage points from the wider public realm and as a result refusal on design grounds is not considered warranted for this revised scheme as the visual harm would not be so high to warrant refusal.

 

9.16.       Although not within the Valley Gardens Conservation Area, the proposed development is located immediately adjacent and is considered to have a neutral effect on the setting of the relevant part of conservation area. The existing building, although of a poorer maintained appearance, also has a limited impact in long and short views, as it is smaller in form. Even though the bulk and massing is increasing, the use of appropriate materials for the elevations and fenestration, has an acceptable impact for the long and short views from the conservation area.

 

9.17.       On balance the design and layout of the revised building is considered acceptable, as it would bring improvements to the appearance of the existing building and would not cause such significant harm to the character of the surrounding area, that refusal is warranted. The proposed development would bring updates to the existing building, with some improvements to accessibility through a new lift, and sustainability benefits through improved insulation, solar panels and a green roof. In addition, new employment generating floor space is created, including education (use class F1(a)) space which would enhance the availability of community facilities and is welcomed under Policy DM9. This all weighs in the revised proposals favour and overcomes the main elements of refusal for the previously submitted scheme.

 

9.18.       The development is considered, on balance, to be in accordance with policies DM18, DM21 and DM29 of the CPP2 and guidance within SPD17 as set out above.

 

Impact on Amenity: 

9.19.       Policy DM20 of the City Plan Part Two states that planning permission for development will not be granted where it would 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. 

 

9.20.       The proposed form of the building is considered to increase overshadowing, and some increased sense of enclosure may occur to some of the residents surrounding the application site, particularly to the south east for the residents of Ivory Place, with the four storey element directly adjacent to their rear gardens. This is not considered to be significantly worse than the existing arrangement given the orientation of the proposed building, and the distance from or positioning of the neighbours in relation to it. It is noted that some neighbours would lose some views, but not to such an extent that their outlook would be significantly harmed.

 

9.21.       The agent has proposed operating hours of 08.00 to 19.00 hours Monday to Friday and 09.00 to 13.00 hours Saturday and Sunday, for both the office  and education uses. A variation of these hours will be ensured via conditions attached to an approval, as detailed below.

 

9.22.       The proposed balconies are small scale to the second and third floor, and do not extend to form roof terraces, so physically limiting the number of persons that can use these areas at any one time and avoiding large congregations forming. In addition, as these balconies would form part of the proposed office space, it is anticipated the use would be limited to the operating hours of the same. On this basis, and to ensure the surrounding residents are not disturbed by use of the office spaces and balconies, it is reasonable that the hours of use of the balconies and office space shall be limited by condition to 08.00 to 19.00 hours Monday to Friday and 09.00 to 13.00 hours Saturday and Sunday.

 

9.23.       Comments received from neighbouring properties raise concerns regarding the existing use of the site by the Brighton Academy due to the amount of noise emitted by music and performing arts, particularly in relation to the car parking area and when windows are open. Some of these sounds, by necessity, are repetitive as the result of the learning and mastery of instruments, or performance. On this basis the LPA is of the opinion that it is reasonable to limit the hours of operation of the educational uses to ensure the surrounding residents are not disturbed by constant intrusive noise. The proposed hours are 08.00 to 19.00 Monday to Friday and 09.00 to 13.00 Saturday. It is not considered appropriate that the potentially loud and respective music/performances should be taking place on Sundays or public holidays, as the degree of disturbance to the amenity of neighbours is considered substantial, on what are normally quieter days in neighbourhoods. In addition, a condition would be attached to prevent the use of the car park (outdoor areas) for any performance or events which involve amplified music or instruments of any type.

 

9.24.       Overall, the effects of overlooking and disturbance caused by the design and form of the proposal are considered acceptable subject to the suggested conditions to mitigate their impacts, and the development is in accordance with policy DM20 of City Plan Part Two.

 

Sustainable Transport: 

9.25.       Transport Officers have considered the proposed scheme and travel information that has been submitted. They are satisfied with the provision of sustainable travel (cycle parking/storage), disabled spaces and normal parking, subject to conditions for further details of the exact from of security and structures for cycle parking.  Further details of travel plans are required and can be secured by condition. The application is supported by Transport officers on this basis.

 

9.26.       Therefore, the development is considered in accordance with DM33 and DM36 of City Plan Part Two and SPD14.

 

Landscaping: 

9.27.       In terms of landscaping, the footprint of the building leaves limited opportunity for landscaping. The majority of the site is formed of footprint, entrance paths, and parking areas. 

 

9.28.       Further details of landscaping and details of the proposed green roof would be secured by condition.

 

Biodiversity

9.29.       The Council has adopted the practice of securing minor design alterations to schemes with the aim of encouraging the biodiversity of a site, particularly with regards to protected species such as bumblebees.  A suitably worded condition will be attached to secure the proposed green roof, and appropriate number of bee bricks and swift bricks within the proposal in order to help meet the requirements of policies CP10 of the CPP1 and DM37 of the CPP2 as well as Supplementary Planning Document 11: Nature Conservation. 

 

9.30.       This scheme was considered exempt from the need to secure mandatory biodiversity net gain under Schedule 7A of the TCPA because it does not impact a priority habitat or habitat of more than 25sqm or 5m of linear habitat. 

 

Conclusion and Planning Balance: 

9.31.       The proposed development would bring updates to the existing building, with some improvements to its outdated appearance, to accessibility through a new lift, and to sustainability through improved insulation, solar panels and a green roof. In addition, new employment generating floor space is created, including F1(a) space which would enhance the availability of community facilities and is welcomed under Policy DM9. The design is not considered optimal but is an improvement over the existing and considering no adverse impact is caused to the surrounding heritage assets, the resulting appearance is not considered so harmful that refusal is warranted, when weighed against the improvements discussed above. The amenity impacts are mitigated, with the suggested conditions on hours of use, to an acceptable level.

 

9.32.       Given the above it is considered that the development is in accordance with policies DM18, DM20, DM21, DM26, DM29, DM36, DM37, and CP5, CP12 and CP15  

 

 

10.            EQUALITIES 

Section 149(1) of the Equality Act 2010 provides:   

1)      A public authority must, in the exercise of its functions, have due regard to the need to—  

(a)     eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;  

(b)     advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;  

(c)     foster good relations between persons who share a relevant protected characteristic and persons who do not share it.  

   

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

 

10.2.       The proposal would retain the existing accessibility, with a new lift to serve all floors including the additional storey added as part of the current application.