No:	BH2025/00899	Ward:	Coldean & Stanmer Ward
App Type:	Full Planning
Address:	Land Adjacent to West Stand American Express Stadium Village Way Brighton BN1 9BL
Proposal:	Excavation of bank and erection of a decked car park comprising 43 spaces over 3 floors with footbridge link to Stadium to be used by employees and Directors of Brighton & Hove Albion FC.
Officer:	Wayne Nee, tel: 292132	Valid Date:		01.04.2025
Con Area:		Expiry Date:		01.07.2025
Listed Building Grade:
		EOT: 13.08.2025
Agent:	DMH Stallard LLP   Griffin House   135 High Street   Crawley   RH10 1DQ
Applicant:	The Community Stadium Limited   American Express Stadium   Village Way   Brighton   BN1 9BL

1. RECOMMENDATION

1.1. That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to be MINDED TO GRANT planning permission subject to a s106 agreement and the following Conditions and Informatives,  SAVE THAT should the s106 agreement not be completed on or before 29th October 2025 the Head of Planning is hereby authorised to refuse planning permission for the reasons set out at the end of this report:

S106 Agreement Heads of Terms (based on the council’s Developer Contributions Technical Guidance):

· Contribution for monitoring obligations relating to Biodiversity Net Gain (£TBC)

· Employment and Training Strategy

· Contribution for Employment and Skills Training (£7,200)

· Contribution for monitoring of the s106 agreement

Conditions:

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

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

Plan Type	Reference	Version	Date Received
Location Plan	AMEX-KSS-WPL-ZZ-DR-A-03001 P02		01-Apr-25
Proposed Drawing	1551-HED-DR-LA-1002 P01		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-00-DR-A-03101 P02		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-01-DR-A-03101 P02		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-02-DR-A-03101 P02		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-03-DR-A-03101 P03		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-ZZ-DR-A-03002 P03		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-ZZ-DR-A-03201 P02		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-ZZ-DR-A-03202 P02		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-ZZ-DR-A-03301 P03		01-Apr-25
Proposed Drawing	AMEX-KSS-WPL-ZZ-DR-A-03302 P03		01-Apr-25
Proposed Drawing	AMEX-MEE-WPL-00-DR-EL-630001 P01		01-Apr-25
Proposed Drawing	AMEX-MEE-WPL-01-DR-EL-630101 P01		01-Apr-25
Proposed Drawing	AMEX-MEE-WPL-02-DR-EL-630201 P01		01-Apr-25
Proposed Drawing	AMEX-MEE-WPL-03-DR-EL-630301 P01		01-Apr-25

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, including demolition and excavation, shall commence until a Site Waste Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

Reason: To maximise the sustainable management of waste and to minimise the need for landfill capacity and to comply with policy WMP3d of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan.

4. No development, including demolition, shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include:

 (i)     Timescales for the Proposed Development including the forecasted completion date; 

(ii)     Details of how the contractors will liaise with local residents and the adjacent University to ensure that residents and the University 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 hours of construction including all associated vehicular movements

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

(vii)   A plan showing construction traffic routes

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

Reason: As this matter is fundamental to the protection of amenity, highway safety and managing waste throughout development works and to comply with policies DM20, DM33 and DM40 of Brighton & Hove City Plan Part 2, policy CP8 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.

5. No development shall take place until an ecological design strategy (EDS) addressing compensation and enhancement measures and including a green wall, a bee box, swift boxes and a bug box, has been submitted to and approved in writing by the local planning authority. The EDS shall include the following: 

a)      purpose and conservation objectives for the proposed works; 

b)      review of site potential and constraints; 

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

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

e)      type and source of materials to be used where appropriate, e.g. native species of local provenance; 

f)       timetable for implementation demonstrating that works are aligned with the proposed phasing of development; 

g)      persons responsible for implementing the works; 

h)      details of initial aftercare and long-term maintenance;

i)        details for monitoring and remedial measures; 

j)        details for disposal of any wastes arising from works. 

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 any adverse environmental impacts of development activities can be mitigated, compensated and restored and that the proposed design, specification and implementation can demonstrate this, and to contribute to a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 187 and 193 of the National Planning Policy Framework 2024 and Policy DM37 of the City Plan Part 2.

6. The development hereby permitted shall not be commenced (other than excavation works and works to trees) until a management and maintenance plan for the surface water drainage of the site, and feasibility study of use of rainwater harvesting, has been submitted to and approved in writing by the Local Planning Authority. The plan shall include details of proof of sufficient pollution mitigation, infiltration testing results, and how public apparatus would be protected in accordance with Southern Water guidance. The approved drainage system (and rainwater harvesting if relevant) shall be implemented and maintained in accordance with the approved detailed design prior to first use of the car park.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to comply with policies DM42 and DM43 of City Plan Part and CP11 of the Brighton & Hove City Plan Part One.

7. No development shall commence until a detailed Tree Planting Scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the location of relocated or replaced trees to mitigate any lost through the development, which may be within the wider stadium site outside of the red line boundary, along with a timetable for implementation and arrangements for their ongoing maintenance. The approved Scheme shall be implemented in full accordance with the agreed details prior to first use of the car park.

Any trees 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 mitigate for ecological impact and in the interest of the visual amenities of the area and to comply with policies DM22 of Brighton & Hove City Plan Part 2, and CP12 and CP13 of the Brighton & Hove City Plan Part One.

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

a)      Samples/details of all facade and roof materials 

b)      samples of all cladding/panelling to be used externally, including the diffused polycarbonate and the metal fins

c)      samples/details of all hard surfacing materials 

d)      samples/details of the proposed windows and doors, including full details of the rolling shutters and associated images/artwork

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.

9. No development above ground floor slab level of any part of the development hereby permitted shall take place until details of the proposed green walling and maintenance and irrigation programme have been submitted to and approved in writing by the Local Planning Authority. The agreed walls shall thereafter be constructed prior to first use of the car park and maintained and irrigated in accordance with the approved details. 

Reason: To ensure that the development contributes to ecological enhancement on the site and visual amenity of the locality in accordance with policy DM37 of Brighton & Hove City Plan Part 2, and CP10 and CP12 of the Brighton & Hove City Plan Part One

10. Prior to occupation 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)      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 to include type, position, design, dimensions and materials;

 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 comply with policies DM22 of Brighton & Hove City Plan Part 2, and CP12 and CP13 of the Brighton & Hove City Plan Part One.

11. Prior to first occupation of the development hereby permitted, full details of the number and type of electric vehicle charging points within the proposed car park hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to first use of the development hereby permitted and shall thereafter be retained for use at all times. 

Reason: To encourage travel by more sustainable means and seek measures which reduce fuel use and greenhouse gas emissions and to comply with policies SA6, CP7, CP9, CP12, CP13 and CP15 of the City Plan Part One and SPD14 Parking Standards.

12. Prior to first use of the development hereby approved, details of the proposed photovoltaic array hereby approved, including output, placement and layout, shall be submitted to and approved in writing by the Local Planning Authority. The photovoltaic array shall then be installed in accordance with the approved details before the car park is first brought into use. 

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and has an acceptable appearance and to comply with policies CP8 and CP12 of the Brighton & Hove City Plan Part One and DM44 of the Brighton & Hove City Plan Part Two.

13. The development hereby permitted shall not be first occupied until:

i)        details of external lighting, which shall include 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 have been submitted to and approved in writing by the Local Planning Authority.  

ii)       the predicted illuminance levels have been tested by a competent person to ensure that the illuminance levels agreed in part i) 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 part i).

The external lighting shall be installed, operated and maintained in accordance with the approved details and thereafter retained.

Reason: To safeguard the amenities of the occupiers of adjoining properties and the setting of the wider area including the South Downs National Park Dark Sky Reserve. Also many species active at night (e.g. bats and badgers) are sensitive to light pollution. 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. Furthermore, to ensure a sensitive approach to lighting which conforms to the Institute of Lighting Professionals for lighting in environmental zones guidance and tries where feasible to achieve zero upwards light spill. To comply with policies SA5, DM20, DM37 and DM40 of Brighton & Hove City Plan Part 2.

14. Prior to first occupation of the development hereby approved, written evidence, such as Secure By Design certification, shall be submitted to and approved in writing by the Local Planning Authority to demonstrate how the scheme shall incorporate crime prevention measures. The agreed measures shall be implemented within the development.

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

15. Prior to the first use of the proposed development, an up-to-date Travel Management Plan for the stadium shall be submitted to and approved in writing by the Local Planning Authority.  This shall include details of management of the new car parking now approved including:

· The overall management of the disabled bays and adaptable spaces within the car park, if the need arises

· How the most convenient spaces are allocated to those with the greatest need and other spaces are identified that can be adapted if needed

· How bays at the rear of the second floor car park shall be managed/ stewarded to mitigate the excessive reversing or manoeuvres indicated.

· The agreed measures contained within the Travel Management Plan shall be carried out.

Reason: To ensure the promotion of safe, accessible, active and sustainable forms of travel and comply with policies DM33 and DM35 of Brighton & Hove City Plan Part 2, and CP9 of the Brighton & Hove City Plan Part One.

16. 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.

17. All ecological measures and/or works shall be carried out within the development in accordance with the details contained in the Preliminary Ecological Appraisal (The Ecology Partnership, February 2025); as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

Reason: To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified, and to provide a net gain for biodiversity as required by paragraphs 187 and 193 of the National Planning Policy Framework 2024, Section 40 of the Natural Environment and Rural Communities Act 2006, Policy CP10 of the Brighton & Hove City Plan Part One and Policy DM37 of City Plan Part Two.

18. The car park hereby permitted shall not be in use except between the hours of 07:00 and 00:00 on any day, including 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.

19. Noise associated with plant and 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.

20. The number of times the second floor of the car park hereby approved shall be used in connection with the American Express Community Stadium for outdoor events shall not exceed 50 days in any 12-month period unless otherwise agreed in writing by the Local Planning Authority. 

Reason: The application has been assessed on the basis of the maximum number of times it could be used as being 50 days in any 12-month period. Any increased frequency of use has not been considered in terms of its impact on the local highway network and highway safety and neighbouring amenity, and in relation to polices DM20, DM33 and DM36 of the Brighton & Hove City Plan Part 2 and policy CP9 of the Brighton & Hove City Plan Part One.

21. The disabled car parking spaces shall be laid out in accordance with the approved plans and shall be retained at all times. 

Reason: In order to ensure that the disabled parking spaces are provided for American Express Community Stadium and to comply with policies DM33 and DM36 of the Brighton & Hove City Plan Part 2 and policy CP9 of the Brighton & Hove City Plan Part One.

22. (Deemed BNG Gain Plan Condition) No development (including any demolition, site clearance or enabling works) shall take place until:

(a)     A Biodiversity Gain Plan (BGP) has been prepared; and

(b)     The BGP has been submitted to and approved in writing by the Local Planning Authority.

Reason: Based on the information available, this permission will require the approval of a Biodiversity Gain Plan by the local planning authority before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply. The effect of paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 is that planning permission granted for the development is deemed to have been granted subject to the condition (“the biodiversity condition”).

23. No development shall take place until a Habitat Management and Monitoring Plan (HMMP) has been submitted to and approved in writing by the Local Planning Authority.  The HMMP shall accord with the approved Biodiversity Gain Plan (BGP) 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 BGP 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 created/enhanced habitat specified in the approved BGP shall be provided and thereafter managed and maintained in accordance with the approved HMMP. The habitat monitoring shall be submitted to and approved in writing by the Local Planning Authority in accordance with the methodology and frequency specified in the approved Habitat Management and Monitoring Plan.   

Reason: To ensure the development delivers biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act, 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.  

24. The development hereby permitted shall not be first used until a Completion Report, evidencing the habitat enhancements set out in the approved Biodiversity Gain Plan and Habitat Management and Monitoring Plan, has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the development delivers biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act, 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. 

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. The applicant should seek advice from Sussex Police Counter Terrorist Security advisers with regards to these proposals as soon as it is practicable CTSASussex@thamesvalley.pnn.police.uk

3. The applicant should be aware that whilst the requisite planning permission may be granted, this does not preclude the department from carrying out an investigation under the Environmental Protection Act 1990, should any complaints be received.

4. The applicant should follow BREEAM Infrastructure principles or use the pre-assessment checklist as a voluntary good practice tool, to demonstrate environmental responsibilities aligning with Brighton & Hove City Council's policies.

5. It is recommended to the applicant to engage early with UK Power Networks (UKPN) to assess local grid capacity and ensure that the proposed infrastructure can be delivered without delays or unexpected connection constraints.

6. 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.

7. BGP – Content of BGP

The Biodiversity Gain Plan must relate to development for which planning permission is granted, and specify as a minimum the following matters:

i)        Information about the steps taken or to be taken to minimise the adverse effect of the development on biodiversity,

ii)       A completed Metric tool calculation

iii)      The pre-development biodiversity value of the onsite habitat (shown on scaled plans),

iv)      The post-development biodiversity value of the onsite habitat (shown on scaled plans),

v)       Any registered offsite biodiversity gain allocated to the development and the biodiversity value of that gain in relation to the development,

vi)      Any biodiversity credits purchased for the development.

vii)     Any such other matters as the Secretary of State may by regulations specify including the requirements of Article 37 C of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended)

Commencing development which is subject to the biodiversity gain condition without an approved Biodiversity Gain Plan could result in enforcement action for breach of planning control.

8. 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). 

2. SITE LOCATION 

2.1. The application relates to an area of land of landscaped bank and hardstanding located outside of the south-western side of the American Express Stadium. It is situated in between the outside walkway concourse of the stadium and a private access vehicular ramp that leads down to the outside concourse from Village Way highway. The bank forms part of the land level drop towards the stadium from the south and east where the stadium was designed to sink into the landscape. Beyond the site the bank rises steeply into a concrete retaining wall. The bank within the site is predominantly a grassed area with a line of trees and hedging fronting onto the vehicular ramp at the top of the bank. The hardstanding within the site at the bottom of the bank is part of the tarmac outside concourse and is used for parking.     

2.2. The American Express Stadium was completed in 2011 and was in operation for the 2011/2012 football season. The wider outside concourse surrounds the stadium and provides access for fan movement, access to the stadium and other matchday kiosk facilities, and access to surrounding footpaths and car parking. The stadium and its surroundings have been subject to a number of improvements and upgrades recently, including the construction of 'The Terrace' fan-zone to the north-west of the stadium, and new branding, signage and digital screens to the stadium facades.      

2.3. The road the stadium is primarily served by is the A27 to the north of the stadium connecting Brighton to Lewes, with Village Way linking it to the stadium approach. To the west is Falmer Railway Station which is a short walk via the outside concourse, access ramps, and the footbridge access over the railway line. Falmer Railway Station is a locally listed asset. 

2.4. The footpath/cycle path to the west adjacent to the railway line eventually leads to the Brighton Aldridge Community Academy (BACA) and land at the former Falmer High School. Beyond the A27 to the north there is a link road to Sussex University and a number of areas which are utilised for parking in connection with the stadium. Also in the wider area, there is Falmer Village to the east, the University of Sussex to the north, and the University of Brighton Falmer Campus to the south-west. The boundary of South Downs National Park (SDNP) is located beyond the Drove to the east, beyond the University of Sussex to the north, and beyond BACA to the south. 

2.5. The site is within a Nature Improvement Area.

3. APPLICATION DESCRIPTION 

3.1. Planning permission is sought for the excavation of the bank and erection of a decked car park comprising 43 spaces over 3 floors with footbridge link to Stadium to be used by employees and Directors of Brighton & Hove Albion FC.

3.2. The full proposals are summarised as follows:

· Excavation of existing bank and removal of existing soft landscaping

· Erection of decked car park over 3 floors

· Structure includes a footbridge link between top of car park and the west stand of the stadium.

· A stair/lift core on top would enable access between carpark and footbridge link.

o Proposed main materials include concrete structure, poly-carbonate cladding, and silver metal fins.

· Single stair core access within the car park from ground floor to second floor.  

· Elevator access between second floor and footbridge link above.

· Car park to be used by employees and Directors of Brighton and Hove Football Club only, for both matchdays and day-to-day use. 

· Provision of up to 43 no. car parking spaces

· 2 no. parking spaces will be accessible spaces

· Provision of 2 no. EV upstands serving 4no parking spaces. 

4. RELEVANT HISTORY 

4.1. BH2024/01045 Application to vary condition 1 of planning permission BH2023/02872 to amend the approved drawings to permit revisions to the design to include a reduction in the footprint of the building by removal of the angular southern section of the building closest to the stadium and extension of the mezzanine across a wider section of the fan zone - Approved 05/08/2024

4.2. BH2023/02872 Removal of temporary kiosks, relocation of cycle parking and erection of a fan zone/event space (Sui Generis) comprising a two storey structure with mezzanine providing food, drink, retail kiosk, toilet facilities and associated storage - Approved 11/04/2024

4.3. BH2023/01335 Partial excavation of bank and demolition of retaining walls to facilitate the erection of a two storey building comprising sub-station and switch room along with new retaining wall - Approved 18/07/2023

4.4. BH2023/00895 Removal of existing wayfinding signage and alterations to Stadium entranceways - Approved 27/06/2023

4.5. BH2020/00919 Demolition of buildings comprising food and merchandise kiosks, band stand and program booths. Erection of 2 no. kiosks incorporating club shop, concessions, toilets and offices. Erection of an external screen. Relocation of cycle shelter and provision of landscaping and fencing - Approved 21/05/2020

4.6. BH2020/00769 Application for variation of condition 25 of BH2013/01356 (Non-material amendment (BH2020/00289) to application BH2013/01356 to alter description of development to read: Community stadium with accommodation for business, educational, conference, club shop merchandise, entertainment and food and drink uses, together with associated landscaping and transportation facilities including road works, pedestrian and cycle links, coach/bus park and set down area and shared use of existing car parking space.) to allow attendances of up to 32,500 - Approved 05/03/2021

4.7. BH2020/00768 Erection of external stairway to coach park and refuse store - Approved 28/04/2020

4.8. BH2017/01595 Removal of landscaped bund and creation of outside broadcast area comprising surface level parking, welfare and broadcast uplink buildings, lift, lighting, fencing, landscaping and associated works - Approved 21/07/2017

4.9. BH2015/03285 Construction of a 3no storey plus basement building comprising of a hotel at ground and upper floors (C1) providing total of 150no bedrooms, restaurant, bar, reception, gymnasium, meeting room, lounge and plant facilities and provision of Stereotactic Radiotherapy Unit (D1) at basement level, incorporating hard and soft landscaping, creation of new access, provision of 62no car parking spaces and other associated works - Refused 18/02/2016

4.10. BH2013/01356 Application for removal of condition 1 and variation of condition 36 of application BH2011/03861. (Variation of condition application to increase maximum number of spectators at American Express Community Stadium to 30,750 and to change parking provision within 1.5km to between 1500 and 3000 vehicular parking spaces). Wording for condition 1 to be removed currently reads - "Of the additional 8,250 capacity hereby approved, only 5,991 seats of the additional capacity shall be brought into use for the 2012/2013 football season". Wording for condition 36 to be varied to read as follows - "When the 650 space temporary car park on land to the east of the Stadium (planning application reference LW/11/0466) ceases to be in use, of the additional 8,250 capacity hereby approved, only 5,991 seats of the additional capacity shall continue to be in use. None of the remaining capacity of 2,259 seats shall be returned to use unless details of a permanent park and ride solution, or other permanent transport solution to the satisfaction of the Local Planning Authority, to replace the 650 space temporary car park, has been agreed in writing by the Local Planning Authority and until the permanent park and ride solution, or other permanent transport solution, has been implemented." - Approved 02/09/2013 

4.11. BH2011/03861 Application for variation of conditions 39 and 43 of approved planning application BH2001/02418 and variation of conditions 35 and 38 of approved planning application BH2008/02732. Condition 39 of application BH2001/02418 and condition 35 of application BH2008/02732 seek to reduce the minimum number of car parking spaces from 2000 to 1500 and increase the maximum number from 2200 to 3000 and to read as follows - " Unless otherwise agreed in writing with the Local Planning Authority, no use of the Stadium for Outdoor Events shall occur unless a minimum of 1500 car parking spaces and a maximum of 3,000 car parking spaces at Sussex University and land at the former Falmer High School or at alternative locations within 1.5km of the Stadium as shown on the car parking plan within Document 6 of the Addendum to the Transport Assessment (Appendix 2.1 of Environmental Statement) which was received on the 15 March 2012, are made available for use by persons attending the said Outdoor Event. Any proposed change to the approved aforementioned parking would need to submitted to and approved in writing by the Local Planning Authority." Condition 43 of application BH2001/02418 and condition 38 of application BH2008/02732 seek to increase the maximum number of people in attendance from 22,500 to 30,750 (additional 8,250) and to read as follows - "No event shall take place at the Community Stadium with an attendance in excess of 30,750 people" - Approved 10/04/2013 

4.12. BH2008/02732: Revision to stadium permitted under 2001/02418/FP including change in roof design and elevational treatment, increase in useable floor area and amendments to use of internal floorspace. Proposed re-contouring of land south of Village Way with chalk and soil arising from excavations required to construct community stadium - Granted 22 April 2009 

4.13. BH2001/02418FP: A Community Stadium with accommodation for Class B1 business, educational, conference, club shop merchandise, entertainment and food and road works, pedestrian and cycle links, coach/bus park and set down area, shared use of existing car parking space at the University of Sussex and shared use of land for recreation and parking at Falmer High School - Granted 23 July 2007.

Lewes District Council 

4.14. LW/22/0175 (Former Bennett's Field Car Park) Development for purpose-built student accommodation (sui generis use) comprising 555 bedrooms within 2no six-storey wings and central two-storey link; with ancillary amenity spaces, cycle parking and landscaping; and construction of new pedestrian and vehicular access from The Drove - Appeal Allowed  06/11/2023

5. REPRESENTATIONS 

5.1. One (1) letter has been received objecting to the proposed development for the following reasons: 

· There are already existing car parks.

· Use of BACA as a car park has restricted its use by parents picking up children from the school.

· any additional car parking will undoubtedly increase traffic on busy traffic routes. 

6. CONSULTATIONS 

External 

6.1. County Archaeologist:  No Objection

Based on the information supplied, It is not believed that any significant archaeological remains are likely to be affected by these proposals. For this reason, I have no further recommendations to make in this instance.

6.2. County Ecologist:  No Objection

Provided the recommended mitigation, compensation and enhancement measures are implemented, the proposed development can be supported from an ecological perspective. A standard pre-commencement Biodiversity Gain Condition should also be applied, and it is recommended that in addition to any legal agreement required to secure the maintenance and monitoring of significant onsite BNG for at least 30 years, the Council should also secure fees for their compliance monitoring. 

6.3. National Highways: No Objection

National Highways will be concerned with proposals that have the potential to impact on the safe and efficient operation of the Strategic Road Network (SRN), in this case, particularly within the vicinity of the A27.

6.4. Having assessed the application and, given the nature, scale and location of the proposal National Highways are satisfied that the development would not have an unacceptable impact on the safety, reliability, and/or operational efficiency of the SRN.

6.5. South Downs National Park:  Comment

The proposed development would be adjacent to substantial pre-existing development. As such the proposal would likely result in minor impacts on the setting of the National Park.

6.6. It is important to consider direct and indirect effects upon the National Park designated landscape and its setting as well as its special qualities. The LPA officers will therefore need to assess any impacts upon the National Park in order to address the statutory duty.

6.7. The proposal incorporates a landscaping scheme. New planting ideally should all be native and locally characteristic in order to offer meaningful benefits to wildlife and positively contribute to landscape character.

6.8. It is recommended that consideration be given to dark night skies, which are a special quality of the National Park. The South Downs National Park is a designated International Dark Sky Reserve and dark skies and tranquillity are both special qualities that need to be protected. Whilst there will be pre-existing lighting associated with the stadium, the SDNPA would encourage any new development to have a sensitive approach to lighting which conforms to the Institute of Lighting Professionals for lighting in environmental zones guidance and tries where feasible to achieve zero upwards light spill.

6.9. Southern Water:  Comment

In order to protect public apparatus, Southern Water requests that if consent is granted, the following pre commencement condition is attached to the planning permission; The developer must advise the local authority (in consultation with Southern Water) of the 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.

6.10. No new soakaways should be located within 5 metres of a public or adoptable gravity sewer, rising main or water main. No Soakaways should be connected to the public surface water sewer.

6.11. Sussex Police:  Comment

With regards to any proposed EV charging points - it is important when considering their location that the provisions of any relevant building regulations are complied with and that consultation is undertaken with the relevant fire strategy authority, be this a local authority appointment or a fire and rescue service officer, to ensure that appropriate advice is incorporated into designs and specifications.

6.12. It is pleasing to note that lighting has been a consideration and that the lighting proposed is designed to comply with recognised dark sky friendly lighting techniques and luminaires and follows recommendations from the ILP's Guidance Notes for the Reduction of Obtrusive Light.

Internal 

6.13. Air Quality: No Objection

Overall travel will continue to lean towards active modes and public transport. 

6.14. Environmental Health:  No Objection

There are no known contaminated land concerns at the American Express Community Stadium.

6.15. The applicant should submit a Construction Environmental Management Plan detailing proposed measures to reduce construction noise and dust. 

6.16. A Lighting impact assessment has been submitted detailing a lighting system which will have minimum impact on the nearest residents. 

6.17. Skills and Employment: Comment

The Car Park is of substantial size and counts as a major development for the purposes of the Local Employment Scheme for Construction. The calculation has been based on storage, and a rate of £5.00 per SQM is applicable for the ground, first and second floors. A charge has not been applied to the top floor which is open.

Calculation

· 1400 X £5.00 SQM – contribution £7,200   

6.18. Sustainability:  Comment

Although Part L and BREEAM requirements are not mandatory for the proposed development of an 'unconditioned' open-sided car park structure and footbridge, Brighton & Hove City Council expects all developments to demonstrate a proportionate response to sustainability policies CP8, DM44 and DM37.

6.19. Clarification is required on some elements, such as proposed PV panels, irrigation of the green wall, and circular economy principles.

6.20. Sustainable Drainage:   Comment

The risk of groundwater flooding is considered to be negligible. The risk of flooding from all other sources is also negligible. Therefore, no further information relating to flood risk will be required for this development.

6.21. No sources of foul water are proposed for this development. As a result, no foul drainage is required or proposed.

6.22. Further details of the proposed drainage scheme are required by condition. 

6.23. Sustainable Transport:   No Objection

Acceptable, subject to a CEMP and updates to the existing travel management plan being conditioned.

6.24. The LHA would normally not wish to encourage additional car parking areas for existing development, preferring additional travel plan measures to be introduced, however it is acknowledged that the applicant states there is a loss of 522 car parking bays used by the club in Bennetts Field following recent approval of a student housing development on the site two years ago.

6.25. On consideration of the above, the Highway Authority would not wish to object to this additional parking in principle.

Urban Design Officer:   Comment

6.26. The scheme has been developed through a two-stage pre-application process. Operational and access benefits are demonstrated to be significant, particularly for match days, with an improved sense of place and arrival for visiting teams and staff. The sense of arrival for fans arriving at Falmer Station by train (or nearby bus stops) will not be negatively impacted. 

6.27. Developmental impacts on medium and longer views across the site and from the stadium towards the SDNP appear to be less than significant. Ideally verified views should be provided and comparison to pre-existing land levels, to aid assessment.

6.28. It is agreed that there will not be new network operational or road safety impacts associated with the provision of a new 43 space car park accessed via the same road. Much of the parking will be screened to reduce impacts on the quality of the stadium experience and sense of place.

6.29. The outline materials specification for the new building and its composition are coherently arranged and generally marries well with the existing stadium. The  diffused cladding fabric used for the lift shaft and footbridge helps to soften the overall lighting impacts of the additional built form as well as integrating with the stadium aesthetic. The diffused cladding creates a sort of ethereal quality which will be evident for evening games - even more so during autumn and winter.

7. MATERIAL CONSIDERATIONS 

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

7.2. The development plan is:

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

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

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

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

· Shoreham Harbour JAAP (adopted October 2019).

7.3. Due weight has been given to the relevant retained policies in the Brighton & Hove Local Plan 2005 according to their degree of consistency with the NPPF.

8. POLICIES 

The National Planning Policy Framework (NPPF) 

Brighton & Hove City Plan Part Two 

DM9             Community facilities

DM18           High Quality Design and Places

DM20           Protection of Amenity

DM22           Landscape Design and Trees

DM26           Conservation Areas

DM29           The Setting of Heritage Assets

DM33           Safe, Sustainable and Active Transport

DM35           Travel Plans and Transport Assessments

DM36           Parking and Servicing

DM37           Green infrastructure and Nature conservation

DM40           Protection of the Environment and Health - Pollution and Nuisance

DM43           Sustainable Drainage

DM44           Energy Efficiency and Renewables

DM45           Community Energy

DM46           Heating and cooling network infrastructure

SSA7            Land Adjacent to American Express Community Stadium, Village Way

Brighton & Hove City Plan Part One 

SS1              Presumption in Favour of Sustainable Development

SA5              Setting of the South Downs National Park

SA6              Sustainable Neighbourhoods

DA3              Lewes Road Area

CP2              Sustainable economic development

CP5              Tourism and Culture

CP7              Developer Contributions

CP8              Sustainable Buildings

CP9              Sustainable Transport

CP10            Biodiversity

CP11            Flood Risk

CP12            Urban Design

CP13            Public Streets and Spaces

CP15            Heritage

CP17            Sport and Recreation

CP18            Healthy City

Supplementary Planning Documents: 

SPD03         Construction & Demolition Waste

SPD11         Biodiversity and Nature Conservation 

SPD14         Parking Standards

SPD16         Sustainable Drainage

SPD17         Urban Design Framework

9. CONSIDERATIONS & ASSESSMENT 

9.1. The main considerations in the determination of this application relate to the principle of development, the impact on the visual amenities of the surrounding area including its impact on the setting of the South Downs National Park (SDNP), the design and appearance of the proposal, the impact on neighbouring amenity, the impact on highways, access, ecology/biodiversity, sustainability, and sustainable drainage.

Principle of the Development: 

9.2. The site is located within the wider DA3 Lewes Road Development Area in CPP1 which has a strategy to secure the long-term regeneration opportunities along the Lewes Road corridor focussing on the education sector and as well as new housing, increased employment floorspace and improvements to the sustainable transport network. Securing improvements to the townscape and public realm is another key objective and to deliver inter-connected green infrastructure and to improve air quality. Provision of infrastructure which directly supports the stadium uses would meet the general regeneration aims for the Policy DA3 development area.

9.3. City Plan Part One Policy CP17 relates to sports provision, with part 2 of the policy recognising the importance of major sporting venues such as the American Express Stadium. Part 4 of the policy sets out that the council will support "investment in poor quality, under-used sports services, facilities and spaces… to bring about enhancements in quality and public use." The proposed development would improve the carpark facilities for staff at the stadium. Provision of parking infrastructure would result in improved facilities for an important major sporting venue. The proposal is therefore in compliance with Policy CP17.

9.4. The applicant proposes a new car park, with the reason given that this is required to accommodate new parking due to the recent loss of 522 parking spaces on Bennett's Field in 2021, which now has planning consent for an alternative use. The proposal would provide ancillary provision of car-parking to be used in connection with the existing stadium use on the wider site. The proposal is therefore considered acceptable in principle in the context of the above policies, subject to full consideration of the of all detailed aspects of the scheme set out below, including landscaping, biodiversity and highway impact. Given the significant loss of parking within the wider site as a result of the Bennetts Field permission there is no objection in principle to replacement car parking.  

9.5. The proposed car park would be located to the south-west of the stadium alongside the existing concourse, where there is an existing grass bank that would be excavated up to the concrete retaining wall. It is somewhat regrettable that part of the grass bank would be removed, as this does currently contribute to softening the hard landscaped stadium environment. However, subject to an appropriate compensatory landscaping/biodiversity scheme, the loss of the existing grass bank would be mitigated and is considered acceptable in principle.    

Design and Appearance: 

9.6. CPP2 Policy DM18 states that development proposals must demonstrate a high standard of design and make a positive contribution to a sense of place and the visual quality of the environment. Proposals for development will also be expected to consider local context and the scale and shape of buildings. Policy DM22 seeks to protect and provide landscaping.

9.7. Although the application site is not adjacent to the north-east of the stadium, Policy SSA7 (Land Adjacent to American Express Community Stadium, Village Way) of City Plan Part 2 highlights the importance of design and visual impact, so as to ensure new development does not erode or detract from the Stadium's architectural presence. The Stadium forms a prominent architectural element in the area and at the approach/entrance to the city from the east, and it was carefully designed to nestle within the curves of the surrounding downland. 

9.8. At pre-application stage, amendments were sought to reposition the siting of the stair/lift core and footbridge link to be further south and to refine the bulk of the stair/lift core which are considered successful in reducing the visual impact of the development from the more prominent short/mid-range views (including the outside Stadium concourse and the station approach. The testing of various materials and details of the appearance of the structure were also carried out. Details of how the design approach evolved at pre-application stage can be found in the applicant’s submitted Design & Access Statement.

9.9. Whilst a large structure, it is considered the proposed design submitted in this application would appropriately respect and reflect the form of the stadium and surrounding downland and would appear as a subservient addition alongside the Stadium, which is considered an important factor in this instance. The gentle curve in the south wall of the structure would mirror the curves of the Stadium itself.

Scale/Massing: 

9.10. As the proposed car park would be built into the bank, the land level changes would mean that the rear (south) elevation would mostly not be visible until the level of the ramp behind lowers towards the concourse level. This also means that only the top level, as well the stair/lift core and footbridge link, would be visible from the views from the eastern approach on Village Way. 

9.11. The car park structure would be most prominent in views from within the outside concourse and the Falmer Station approach from the west. From these views, the height of the stair/lift core and footbridge link would be most noticeable in views. However, these views would be in context with the Stadium that it is attached to. Given the height and scale differences between the proposed car park and the existing Stadium, the proposal would have a subordinate appearance where it would be most visible.       

9.12. The proposed development would also be visible from some mid-range views, especially from the west/north-west, including from the approaches from Falmer Stadium and the access path alongside from Falmer Station. The amendments at pre-application stage, to the siting of the stair/lift core and footbridge link to be positioned further south and refining the bulk, have successfully reduced the visual impact of the development from some of the more prominent views, including from the concourse and station approach. 

Impact on Heritage Assets/Designated Areas: 

9.13. In considering whether to grant planning permission for development which affects a listed building or its setting, the Council has a statutory duty to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 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 should be given "considerable importance and weight".

9.14. There are a number of Listed Buildings set within the University of Sussex Campus to the north of the site, approximately 400m from the application site. However, they are of a sufficient distance away with the A27 and other buildings and trees in between that mean there is limited visibility between the two sites and therefore no significant harm on the setting of these listed buildings would occur. There would be a similar situation for the impact on Falmer Railway Station (approximately 180m from application site), which is locally listed. This is closer to the application site, however given its orientation to the north-west and the land level changes in between, no significant impact on the setting of this heritage asset is envisaged.   

9.15. Development within the setting of a national park should be consistent with the section 245 duty, and Paragraph 189 of the NPPF, which includes specific reference to the setting of National Parks: "The scale and extent of development within all these designated areas should be limited, while development within their setting should be sensitively located and designed to avoid or minimise adverse impacts on the designated areas." Development should also be consistent with and not compromise the main Purposes of the SDNP.

9.16. Further to the north-west is Stanmer Park Conservation Area, approximately 500m away. Stanmer Park CA is set entirely within the South Downs National Park (SDNP), which is a protected area established to conserve and enhance natural beauty, wildlife and cultural heritage. Stanmer Park is also listed on the Register of Parks and Gardens of Special Historic Interest. The applicant has submitted a Landscape and Visual Assessment document which provides a number of views from within Stanmer Park. These views indicate that, although the stair/lift core and footbridge link would be partially visible, the separation distance means that the structure would mostly be hidden behind trees, and these views would remain to be dominated by the Stadium itself, the neighbouring University of Brighton buildings, and the trees surrounding the park. It is noted that these views would also be dominated by the student housing development on land at Bennett's Field (north-east of the site on the other side of the Stadium within Lewes District Council’s jurisdiction) should this extant planning permission be constructed. Other views further into Stanmer Park indicate that the proposed development would not be visible at all.        

9.17. The SDNP is sited a lot closer from the south (approximately 85m from the application site), where the boundary starts on the southern side of Village Way highway. The stair/lift core and footbridge link would be more prominent in these views given this would be closer to the site and at a higher level than other views. However, it is considered this would not be a significantly detrimental impact. Some partial screening of the distant view of SDNP towards the north-west would occur in the views from Village Way. This would be due to the height of the stair/lift core in close proximity to the site. However, the partial loss of views would not be significantly detrimental in the wider context of the view from these limited angles. Other views of the site, further back from within the boundary of the SDNP would be obscured more by trees, and would be screened entirely by trees from the Permissible Path directly adjacent to Westlain Plantation Wildlife Site. 

9.18. The South Downs National Park Authority raise no objection to the proposal. Overall, given the relatively limited and low scale of the proposed development in the context of the existing stadium, and the distances involved, it is considered that the proposed car park of this scale would unlikely generate any significantly detrimental impact on views from or toward the heritage assets and designated areas in the local vicinity. 

Detailed Appearance/Materiality: 

9.19. The applicant has submitted a Design & Access Statement which details the design approach, including how the detailed appearance evolved during pre-application stage. The proposed appearance is designed to ensure it has some relationship with the appearance of the Stadium, in terms of the proposed colour palette and materials, and also the recently built Fan Zone to the north of the application site.

9.20. Several iterations of the design were tested at pre-application stage, and different materials e.g.  use of aluminium cladding, brown/silver metal fins, green walling, and various combinations of each. As part of the testing, the aluminium panels were considered to contribute too much to a somewhat harsh car park appearance, and so the silver metal fins option has been chosen as the preferred option as it would provide a contrasting appearance whilst also softening the texture of the facade.

9.21. The proposed external facades of the carpark structure would consist of a concrete structure with silver vertical metal fins on the upper floors, with a spacing of 300mm between each. It is considered that this material would provide a visual interest to the body of the car park, whilst also blending in well with the stair/lift shaft above. The proposed fin design would provide a parapet that would help to reduce the visibility of parked cars on the top level from various views.

9.22. The stair/lift core would also consist of polycarbonate and glazing, and is shown indicatively with a white 'BHAFC' logo similar to an existing logo on the Stadium. It is considered to be an appropriate location for this logo in the context, although it may be subject to separate advert consent. The footbridge link design would offer a lightweight appearance, with a mixture of translucent polycarbonate cladding and glazing with a steel truss structure. At ground floor level, there would be white roller shutters for security, with the design including perforated artwork to add visual interest to those passing by on foot along the concourse – this would be secured via condition. 

Landscaping/Ecology/Biodiversity: 

9.23. CPP2 policy DM22 requires proposals to retain, improve and provide landscaping elements, including trees and planting. Policies CP10 and DM37 are relevant to the proposal in terms of biodiversity. Policy DM37 requires all major developments to incorporate a minimum 10% Biodiversity Net Gain (BNG).

9.24. The site lies within the Brighton and Lewes Downs UNESCO Biosphere Reserve but is otherwise not designated specifically for its nature conservation interest. The South Downs National Park is within 70m south-east of the site, and the nearest designated site is Westlain Plantation/Hog Plantation Local Wildlife Site (LWS) approximately 60m south-east. The County Ecologist has stated that given the nature, scale and location of the proposed development, there are unlikely to be any significant ecological impacts on any designated sites.

9.25. The applicant has submitted a Preliminary Ecological Appraisal (PEA), which states that the existing steep slope of calcareous grassland was established as part of the original Stadium development. The County Ecologist has commented that this bank contains some species rich calcareous grassland indicators, however it would not meet the criteria for lowland calcareous grassland, noting the multiple areas where the cover of grass is sparse. The top of the bank is bordered with a hornbeam hedge and 6 no. small whitebeam trees spaced along the border in a row and also includes a small area of bramble scrub. 

9.26. The proposal would result in the loss of the existing vegetated habitat on the site. The hedgerow and small amount of scrub on site have the potential to support breeding birds, and so any removal of potential nesting habitat would need to be carried out outside the breeding season. As the vegetated habitat is isolated by roads/hardstanding and subject to high levels of light and other disturbance, the County Ecologist agrees with the applicant's PEA that the site is highly unlikely to support any other protected or priority species. The PEA recommends that precautionary construction measures are implemented to avoid impacting on any mobile species (such as badger) that may commute through the site. Overall, the County Ecologist has stated that as there is no evidence that the vegetated habitats on site were intended as specific habitat mitigation/compensation for impacts under the original scheme but instead could be considered part of the general stadium landscaping, it is considered acceptable in this specific case to accept the habitat baseline at face value and to compensate for habitat losses through the BNG net gain. 

9.27. The applicant has submitted a proposed landscaping plan which indicates the following proposals:

· 9no. replacement whitebeam trees planted along the site edge fronting the existing access ramp amongst new narrow verge soft landscaping of 'Other Neutral Grassland' (ONG) with planted wildflower mix and hedgerow. 

· Replanting of the existing 6 no. semi-mature whitebeam trees within the wider Stadium site.

9.28. The proposals for ecology/biodiversity also include as follows:

· Proposed green wall installed to the south-west elevation comprised of 125 climber plants of three species: honeysuckle, star jasmine and clematis 'Golden Tiara'.

· Installation of swift boxes

· Installation of a bug box

· Biodiversity Net Gain report indicating offsetting the loss of biodiversity within the site

9.29. Overall, the proposals are accepted, subject to further detail required by condition, including details of the green wall and submission of an Ecological Design Strategy. The County Ecologist has stated that based on national guidance both the ONG (medium distinctiveness) and the species-rich native hedgerow with trees (high distinctiveness) would qualify as significant onsite BNG. A s106 legal agreement is required to secure the ongoing management and monitoring of the onsite BNG.

9.30. As this would still result in a BNG shortfall, additional habitat and hedgerow units are required in order to meet the minimum 10% gain. The difficulties of recreating vegetated habitat on site given the nature of the development is accepted. In order to resolve this, the applicant proposes the purchase of offsite units from a Habitat Bank. Details will be required by condition/s106 as part of a Biodiversity Gain Plan in order to confirm at least 10% BNG would be provided, including details of the purchase of any offsite units and required monitoring. 

Impact on Amenity: 

9.31. Policy DM20 of City Plan Part states that planning permission for any development or change of use will not be granted where it would cause material nuisance and loss of amenity to the proposed, existing and/or adjacent users, residents, occupiers or where it is liable to be detrimental to human health.

Construction Phase

9.32. A Construction Environmental Management Plan (CEMP) is required to mitigate construction impacts detailing proposed measures to reduce construction noise and dust to nearby residents and occupiers, including the University.

Overlooking/Loss of Privacy/Outlook/Daylight & Sunlight: 

9.33. The nearest residential properties are located within the University of Brighton Falmer Campus to the west, although the nearest building to the application site appears to be a non-residential university building. The proposed development is largely situated a sufficient distance away at a lower level from neighbouring residential properties so as not to cause significant harm to residential light levels, privacy levels and by way of overlooking.

Noise Impact: 

9.34. The nearest noise sensitive occupiers to the site would be residential student housing at University of Brighton Falmer Campus to the south-west. Due to the type/scale of development and the distances between, as well as the more limited use of the second floor of the car park, it would be expected that noise impact from increased vehicle movements in this location would be unlikely to result in significant noise and disturbance.

Impact of Lighting: 

9.35. The proposals would introduce new lighting to the area to enable safe movement after dark and to allow for use of facilities. The proposal is mostly for internal lighting, with the only external lighting being wall mounted LED lighting at second floor level. The proposed glazing would mean that elements of internal lighting would emanate from the structure.  

9.36. The applicant has submitted a Luminare Schedule detailing a lighting system which will have minimum impact on the nearest residents, and no objection raised by the Council Environmental Health Team.

9.37. Paragraph 198(c) of the NPPF outlines that development should limit the impact of light pollution on intrinsically dark landscapes and nature conservation, which includes the South Downs National Park which is designated as an International Dark Sky Reserve. The submitted Landscape and Visual Assessment document provides visuals of the key mid/long range views at night, which indicate that additional light emanating from the proposed development would be inconsequential from mid/long range views, given the existing light sources from the stadium and surrounding development.

9.38. Given the nearby neighbouring residential student housing, the lighting installation will be required to comply with appropriate lighting guidance levels, and full details of the lighting scheme are required by condition.

Sustainable Transport: 

9.39. National and local planning policies seek to promote sustainable modes of transport and to ensure highway safety. In accordance with paragraph 109 of the National Planning Policy Framework, development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. The NPPF states that the use of sustainable modes of transport should be pursued (paragraph 102). 

9.40. City Plan Policy CP9 seeks to encourage use of sustainable modes of transport and supports improvements to the public realm to encourage walking. City Plan Part 2 Policy DM33 Safe, Sustainable and Active Transport is also relevant as the new access routes should be designed to provide safe, comfortable and convenient access for pedestrians and contribute towards, the city's network of high quality, convenient and safe cycle routes. 

9.41. The applicant has submitted a Transport Statement, and the Local Highway Authority have no objection to the proposals subject to recommendations to be secured by condition. No objection is raised by national Highways.  

Vehicle Access: 

9.42. It is considered that this is an appropriate location for a relatively small provision of parking for staff, in an area that would not encroach into the main accessway around the stadium.

9.43. The proposed car park would be accessible by car at ground floor level from the outside concourse via the access ramp that leads down from Village Way. The first floor would be accessible from midway down the existing ramp. The second floor would be accessed from the top of the ramp access. The top part of the access ramp that leads to the concourse from Village Way is privately owned by the University of Brighton and currently provides access to the University of Brighton Falmer Campus and also grants access to the Stadium site. The public highway finishes further up at the roundabout junction on Village Way, which leads into the University of Brighton access. Therefore, there is no direct impact on the public highway as a result of the proposals. The Local Highway Authority have highlighted multiple manoeuvres may be required for some parking spaces on the 2nd floor, and details of management of these spaces is required as part of the updated Travel Management Plan, which is conditioned. 

9.44. For consistency, the applicant has agreed access to the second floor for up to 50 days per year (the same number of the maximum times that the Stadium can used for outdoor events per year), and so the second floor of the car park would not be used in day-to-day use. The use of the second floor of the car park should be restricted for this maximum use by condition, as any more intensive use of the top floor in the future would require further assessment. 

9.45. Part of the concourse within the application site is currently used as parking for away team coaches during match days. Coaches currently reverse into the spaces assisted by stewards. This would continue to be the case as part of the proposals, by reversing into the parking spaces within a section of undercroft on the north-west elevation of the car park, which would have the benefit of some canopy protection from adverse weather conditions. The applicant has provided swept paths to show that reversing can occur as existing, and the Local Highway Authority have no objection.   

Construction Phase

9.46. A CEMP (Construction Environment Management Plan) is required by condition to ensure appropriate traffic routes and other practices are used and neighbouring occupants consulted and liaised with.

Car Park Management: 

9.47. The applicant has stated in the submitted Transport Statement that management of the car park will include allocating parking spaces only to employees/Directors of the football club through a booking/reservation system, and ensuring users arrive/leave at least 1 hour prior and post any outdoor event. This would ensure there are no car movements in the vicinity of the car park when the concourse is busy with pedestrians. Other measures include use of on-site stewards on event days to manage the carpark comings and goings. Details are required to be confirmed, as part of the updated Travel Management Plan (which is produced by the Football Club each season) secured by condition.  

9.48. Some of the parking spaces at ground floor would not be accessible if other parking spaces are used, however it is accepted that the management proposals in place, including booking system and stewards, would ensure that vehicles can enter and leave when needed.     

Vehicle Parking: 

9.49. The applicant has set out in the submission that the reason why the car park is required is because the applicant needs to look at other areas around the Stadium that can accommodate parking due to the recent loss of 522 parking spaces on Bennett's Field in 2021 when the lease expired, which now has an extant planning consent for an alternative use. Staff currently park in car parks nearest the site, including ‘Car Park A’ that adjoins the Bennett’s Field. It is noted that an additional 43 parking spaces were approved at Bridge Car Park in 2022 for match-day parking (providing an updated total of 723 spaces). As the proposal is for 43no. parking spaces, car parking capacity on site would not be increasing in the future overall (and would remain significantly less) from that previously found on site given the loss of Bennetts Field. As above, the proposal would have other benefits such as providing staff parking in closer proximity to the West Stand for access to the offices, director's lounge and conference rooms. The submitted Transport Statement sets out that "The proposals will provide improved parking facilities for existing employees and scheduled visitors to the stadium, therefore generating no additional parking demand." It is also stated that the new car park shall not be used for any other purpose other than staff, and that its management is to be detailed in an updated travel management plan, which is required by condition.

9.50. The Local Highway Authority have stated that additional car parking areas for existing development would not normally be encouraged, as additional travel plan measures could be used instead. However, given the loss of 522 car parking bays previously which has had a detrimental impact on operations on the site, the additional parking is considered acceptable in this instance.  

9.51. The proposal is to provide 2no. disabled user accessible parking spaces, however SPD14 (Parking Standards) indicates that a minimum of 3no. is required for this development. However, it is outlined by the applicant that there are an existing 40no. accessible car parking spaces in 'Car Park A' (used by staff and match-day visitors) located approximately 350m from the West Stand entrance. With the wider provision in consideration, the proposed number of accessible parking spaces is acceptable in this instance. This is subject to a strategy in place to ensure the most convenient spaces are allocated to those with the greatest need and other spaces are identified that can be adapted if needed, which can form part of an updated travel management plan required by condition.     

Trip Generation: 

9.52. In terms of trip generation, the Transport Assessment demonstrates that the new car park would be unlikely to generate any significant increase in person trips on site on match days, and this would be relocating parking from already existing or previously used areas of parking on the wider site. Bennetts Field Car Park was previously served by Village Way highway where a greater number of parking spaces were previously in use. Therefore, given that previously a greater number of parking spaces were accessed via Village Way, it is considered reasonable to conclude that there will not be new network operational or road safety impacts associated with the provision of a new 43 space car park accessed via this same highway.

Non-Vehicular/Pedestrian Access: 

9.53. Existing car parking, including disabled parking, is currently sited a further distance away from the main stadium reception and office entrances than the proposed parking. Therefore, the proposed car parking would improve access for stadium staff, and especially for disabled staff. 

9.54. The car park structure would include a footbridge link between top of car park and the west stand of the stadium. The proposed stair/lift core would enable access between carpark and footbridge link. Single stair core access within the car park is proposed from ground floor to second floor. Elevator access is proposed between second floor and footbridge link above. It is understood that the proposed footbridge would likely have low footfall due to the more limited use of the second floor car park level, and all levels of the car park can access the stadium via the steps down to the ground level concourse.

9.55. One disabled parking bay is located on the ground floor level with level concourse access, and one disabled bay is located on the second floor which would have lift access to the footbridge. Therefore, both would have step-free access The doors and footbridge have been designed wide enough for two wheelchair users to pass each other. 

9.56. Overall, it is considered that the proposals would improve general access for users and employees, as well as improving accessibility with inclusive design for the mobility impaired.   

Cycle Parking: 

9.57. The proposal would not create new trips to the wider site, and there are already cycle parking improvement schemes in place. Therefore, additional cycle parking is not required in this instance.

Sustainability: 

9.58. City Plan policy CP8 requires that all developments incorporate sustainable design features to avoid expansion of the City's ecological footprint, radical reductions in greenhouse gas emissions and mitigate against and adapt to climate change. CPP2 Policy DM44 (Energy Efficiency and Renewables) states that all development should improve energy efficiency and achieve greater reductions in CO2 emissions in order to contribute to the Brighton & Hove target to become a carbon neutral city by 2030. The applicant has submitted a Sustainability and Energy Statement. 

9.59. CP8 requires all major developments to meet BREEAM standard of Excellent. The applicant has stated that due to the nature of the structure with partially open and movable sides and lack of insulation, the building would not be able to meet the requirements of BREEAM. It would also not be able to meet the requirements of Policy DM44 which requires all new development to meet Part L - Conservation of Fuel and Power of the Building Regulations 2022 for the same reasons. This is accepted in this instance and has been confirmed as acceptable by the Council Sustainability Team. BREEAM New Construction applies only to buildings designed for human occupation, excluding structures like multi-storey car parks. Unconditioned buildings such as an open-sided car park which is naturally ventilated, and not heated or cooled, are generally considered outside the scope of Part L.

9.60. No ventilation or heating strategies proposed as the proposed car park is an unheated space. Roof space is limited given the design; however, the proposal allows for inclusion of rooftop PV panels, with 4no. sited on the stair/lift core and 2no. on the stair tower, which are welcomed and will be conditioned. The inclusion of the green wall is welcomed and could potentially have the beneficial effect in reducing overheating, subject to details of design by condition including how the wall will be irrigated, which the applicant has initially suggested will be by harvesting rainwater. The proposal also includes 2 EV chargers serving 4 spaces on the top deck of the proposed car park.

9.61. Overall, the proposed sustainability measures are considered acceptable given the nature of the development, subject to further details required by condition. 

Other Considerations: 

Archaeology: 

9.62. The site is not situated within an Archaeological Notification Area and the County Archaeologist has commented that no significant archaeological remains are likely to be affected by these proposals. 

Waste Management: 

9.63. Policy WMP3d of the Waste and Minerals Plan requires development proposals to minimise and manage waste produced during construction demolition and excavation. Paragraph 49 in the national Planning Practice Guidance (PPG) on Waste provides guidance on what could be covered in order to meet the requirements of the policy. A fully completed Site Waste Management Plan (SWMP) will need to be required by condition to include sufficient information to demonstrate compliance with Policy WMP3d 

Flood Risk/Drainage: 

9.64. CPP1 policy CP11 requires development to include SuDS to avoid any increase in flood risk and CPP2 Policy DM43 requires all development to achieve a reduction in the level of surface water leaving the site. Policy DM43 states that the development of car parking and hard standing will be required to incorporate appropriate Sustainable Drainage Systems (SuDS) capable of ensuring that there is a reduction in the level of surface water leaving the site unless it can be demonstrated not to be reasonably practicable. 

9.65. The site lies within Flood Zone 1, which is at the lowest risk of flooding. The Council Sustainable Drainage Team indicate that the proposed drainage provides an acceptable level of mitigation.  

9.66. The site is within GroundwaterSource Protection Zone 1 and therefore groundwater in a SPZ1 is most vulnerable to pollution given the close proximity of the abstraction point and the water’s intended use for human consumption.  The proposed drainage system is for all surface water to be captured by ACO drains on the car park and infiltrated by a new soakaway. Details by condition are required of further infiltration testing, proof that the proposal provides sufficient pollution mitigation, and a maintenance plan and management plan for each drainage element, listing maintenance tasks required, suggesting frequencies at which they are to be undertaken, and parties responsible for them. Further details of drainage proposals are required by condition and Southern Water raise no objection on this basis . 

Air Quality: 

9.67. The site is not in an Air Quality Management Area. No significant air quality issues are envisaged in relation to this application.

Land Contamination: 

9.68. There are no known land contamination sources on site. A land discovery condition is required should any contaminants be found during construction works. 

Section 106 Legal Agreement

9.69. In accordance with the council’s Developer Contributions Technical Guidance and policies CP7, CP2 and DA3, an Employment and Training Strategy, and financial contribution towards the Employment scheme, are sought. A financial contribution towards monitoring of BNG and the overall S106 are also sought.

10. CONCLUSION 

10.1. Provision of infrastructure which directly supports the stadium uses would meet the general regeneration aims for the Policy DA3 development area. Provision of parking infrastructure would result in improved facilities for an important major sporting venue, in compliance with Policy CP17.

10.2. Given the scale of the proposal in comparison to existing surrounding development and stadium context, the proposal would result in no significant impact on the setting of the National Park. Medium and longer views across the site and from the stadium would not be detrimentally affected to any significant extent. 

10.3. It is considered the proposed design would appropriately respect and reflect the form of the stadium and surrounding downland and would appear as a subservient addition alongside the Stadium. The materiality of the proposals, including cladding, would provide interest to the appearance of the development, whilst also integrating with the Stadium's aesthetic. 

10.4. The proposed development can be supported from an ecological and landscape perspective, subject to mitigation, compensation and enhancement measures secured by condition, as well as securing the maintenance and monitoring of significant onsite BNG by s106. The proposed sustainability measures are considered acceptable given the nature of the development, subject to further details required by condition.

10.5. it is considered that the proposals would improve general access for users and employees, as well as improving accessibility with inclusive design for the mobility impaired. Given the loss on the wider site of 522 car parking bays previously which has had a detrimental impact on operations on the site, the additional parking is considered acceptable in this instance.    

11. COMMUNITY INFRASTRUCTURE LEVY 

11.1. Under the Regulations of the Community Infrastructure Levy (CIL) 2010 (as amended), Brighton & Hove City Council adopted its CIL on 23 July 2020 and began charging on all CIL liable planning applications on and from the 5 October 2020. The exact amount (if relevant) will be confirmed in the CIL liability notice which will be issued as soon as it 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 that the proposal would not give rise to unacceptable material impact on individuals or identifiable groups with protected characteristics.

12.3. The disabled parking bays in the proposal would offer level access, and the footbridge and doorways have been designed to provide sufficient width for wheelchair users. It is considered that the proposals would improve general access for users and employees, as well as improving accessibility with inclusive design for the mobility impaired.  

13. REASONS FOR REFUSAL IF S106 AGREEMENT NOT COMPLETED

13.1. In the event that the draft S106 Agreement has not been signed by all parties by the date set out above, the application shall be refused for the following reasons:

1.       The proposal fails to provide a mechanism (via a Section 106 legal agreement) to secure a financial contribution to ensure monitoring of the Section 106 Agreement and the Biodiversity Net Gain associated with the scheme and ensure effective implementation of relevant Development Plan policies, and to ensure timely delivery of the scheme, contrary to the requirements of Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 187 and 193 of the National Planning Policy Framework 2024 and Policy DM37 of the City Plan Part 2 and the Council’s Developer Contributions Technical Guidance.

2.       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 policies CP2, DA3 and CP7 of the Brighton & Hove City Plan Part One and the Council’s Developer Contributions Technical Guidance.

3.       The proposed development fails to provide 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 policies CP2, DA3 and CP7 of the Brighton & Hove City Plan Part One and the City Council's Developer Contributions Technical Guidance.