Initial template

No:	BH2025/00834	Ward:	Rottingdean & West Saltdean Ward
App Type:	Removal or Variation of Condition
Address:	Saltdean United Football Club and Playing Fields Saltdean Vale Saltdean Brighton BN2 8HE
Proposal:	Application to vary Conditions 21 (BREEAM Certificate) and 26 (Clubhouse Operation Hours) of planning permission BH2021/04508 (as amended by BH2023/02164). (Part Retrospective)
Officer:	Michael Tucker, tel: 292359	Valid Date:		27.03.2025
Con Area:		Expiry Date:		26.06.2025
Listed Building Grade:		Expiry Date:		26.06.2025
Listed Building Grade:		EOT:		11.11.2025
Agent:	ECE Planning Limited 64-68 Brighton Road Worthing BN11 2EN
Applicant:	Saltdean United Football Club C/o ECE Planning 64-68 Brighton Road Worthing BN11 2EN

1. RECOMMENDATION

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
Other	Noise Management Plan		03-Nov-25
Proposed Drawing	DR-A-01020	P12	01-Aug-23
Proposed Drawing	DR-A-01100	P08	31-Aug-23
Proposed Drawing	DR-A-01200	P09	31-Aug-23
Proposed Drawing	LLD2845-ARB-DWG-001	01	24-Feb-23
Location Plan	XX-DR-A-01000	P03	27-May-22
Proposed Drawing	ZZ-DR-A-01110	P03	18-Aug-22
Proposed Drawing	2476-LAN-DWG-001	08	18-Aug-22
Other	Cover Letter		27-Mar-25
Report/Statement	BREEAM Appraisal		23-Oct-25

2. Not used.

3. The construction shall be carried out in accordance with the Construction Environmental Management Plan (CEMP) approved under application BH2023/02265.

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.

4. The development shall be carried out in accordance with the Site Waste Management Plan approved under application BH2023/02265.

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.

5. The development shall be implemented in accordance with the details of existing and proposed ground levels approved under application BH2023/02265.

Reason: As this matter is fundamental to the acceptable delivery of the permission to safeguard the amenities of nearby properties and to safeguard the character and appearance of the area, in addition to comply with Policies DM18 and DM20 of Brighton & Hove City Plan Part 2 and CP12 of the Brighton & Hove City Plan Part One.

6. The development shall be implemented in strict accordance with the tree protection plan(s) (TPP) and the Arboricultural Method Statement (AMS) details approved under BH2023/00323.

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

7. Not used.

8. Development shall be carried out in accordance with the details of external materials approved under application BH2023/02265.

Reason: To ensure a satisfactory appearance to the development and to comply with policies DM18/DM21/DM26 of Brighton & Hove City Plan Part 2 and CP12/CP15 of the Brighton & Hove City Plan Part One.

9. The scheme for landscaping approved under application BH2023/02265 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.

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

Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to provide ecological and sustainability benefits, 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.

10. A landscape and ecological management plan (LEMP) shall be submitted to, and approved in writing by, the local planning authority prior occupation of the development. The content of the LEMP shall include the following:

a) description and evaluation of features to be managed;

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

c) aims and objectives of management;

d) appropriate management options for achieving aims and objectives;

e) prescriptions for management actions, together with a plan of management compartments;

f) preparation of a work schedule (including an annual work plan capable of being rolled forward over a five year period;

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

h) ongoing monitoring and remedial measures.

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

Reason: Biological communities are constantly changing and require positive management to maintain their conservation value. The implementation of a LEMP will ensure the long-term management of habitats, species and other biodiversity features, and that the required biodiversity net gain is achieved.

11. 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 to comply with policies DM20 and DM40 of Brighton & Hove City Plan Part 2.

12. Prior to occupation, a Lighting Design Strategy for Biodiversity shall be submitted to and approved in writing by the local planning authority. The strategy shall:

a) identify those areas/features on site that are particularly sensitive for bats and badgers and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

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

Reason: 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. Such disturbance can constitute an offence under relevant wildlife legislation.

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

i) details of the internal lighting to the clubhouse function room and social room as well as 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. The lighting scheme shall include access and entrances to the clubhouse, approved formal parking spaces, the concourse and pedestrian and circulation routes in between.

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

Reason: To ensure the safe access and movement of vehicles, pedestrians and spectators associated with the development hereby approved and members of the public during its use and to comply with Brighton and Hove City Plan Part 1 Policy SA5 and Brighton and Hove City Plan Part 2 policy DM33.

14. The development hereby permitted shall not be first occupied until the existing temporary storage containers on the east side of the bridleway shown on the approved plans for removal have been removed from the site and the land restored to the satisfaction of the local planning authority.

Reason: In order to enhance the appearance of the site and the setting of the National Park and to protect and enhance biodiversity and the adjacent Local Wildlife Site in accordance with Brighton and Hove City Plan Part 1 Policy SA5 and Brighton and Hove City Plan Part 2 policy DM37.

15. Prior to occupation, a scheme shall be submitted in writing to the satisfaction of the local planning authority showing the numbers and layout of the informal parking areas shown on the approved plans together with the installation of 900mm high timber bollards with reflective strips alongside the boundary of the Local Wildlife Site and the South Downs National Park Authority. The scheme shall be implemented thereafter and retained.

Reason: In order to provide a safe parking layout and to protect and enhance the natural landscaping and ecology and the setting of the National Park and to comply with policies SA5 of Brighton and Hove City Plan Part 1 and Brighton and Hove City Plan Part 2 policies DM20; DM22: DM36 and DM37.

16. The development hereby approved shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for use. These facilities shall thereafter be retained for use at all times.

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

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

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

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

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

19. Prior to commencement of use of the 3G pitch, a Management and Maintenance Scheme for the facility including management responsibilities, a maintenance schedule including measures to ensure replacement of the 3G pitch within a specified period and a mechanism for review shall be submitted to the Local Planning Authority after consultation with Sport England. The measures shall be applied in full, with effect from commencement of use of the ATP at Saltdean FC.

Reason: To ensure that the new facility is capable of being managed and maintained to deliver a facility which is fit for purpose, sustainable and to ensure benefit of the development to sport and to comply with policy CP17 of the Brighton & Hove City Plan Part One.

20. Prior to commencement of use of the 3G pitch, a Community Use Agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority. The agreement shall apply to the 3G pitch, ancillary facilities including changing and wc facilities, car parking and include details of pricing policy, hours of use, access by non-club members, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement.

Reason: To secure well managed safe community access to the sports facilities to ensure sufficient benefit to the development of sport and to accord with policy CP17 of City Plan Part One.

21. Within 6 months of first occupation of the non-residential development hereby permitted a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the non-residential development built has achieved a minimum BREEAM New Construction rating of 'Good' shall be submitted to, and approved in writing by, the Local Planning Authority.

In addition, it shall be demonstrated that the available mandatory credits required for a BREEAM rating of 'Excellent' as set out in Table 2.5 "Minimum BREEAM standards by rating level" of BREEAM UK New Construction Version 6.1 Technical Manual SD5079, and as identified in the submitted BREEAM appraisal as being targeted (Delta Green, received 23^rd October 2025), have been achieved.

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

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

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

23. All ecological measures and/or works shall be carried out in accordance with the details contained in Preliminary Ecological Appraisal and Landscape Use Assessment for Bats (BJ Collins Protected Species Surveyors, December 2021) and the Landscape Design Strategy (Lizard Landscape Design and Ecology, 12.08.22 Rev 06) 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 174 and 180 of the National Planning Policy Framework, Section 40 of the Natural Environment and Rural Communities Act 2006, and Policy CP10 of Brighton & Hove City Council's City Plan Part One.

24. The development hereby permitted shall be implemented in accordance with the approved detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods as per the recommendations of the following approved documents:

· Flood Risk Assessment and Drainage Strategy Ref: E8388-RE001 Rev C Associated appendices including:

· Drainage Layout Sheet 1 Ref. E8388-201 Rev P2 & Sheet 2 Ref 2 E8388-201 Rev P2

· Exceedance Plan Ref. E8388-205 Rev P2

· Surface Water Flood Risk Map Overplay Ref. E8388-SK201 Rev P2

· Typical Details Ref. E8388-250 Rev P1

· FRA Addendum Ref. E8388-RE003 Rev A

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.

25. 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 a level 5dB below the existing LA90 background noise level. The Rating Level and existing background noise levels are to be determined as per the guidance provided in BS 4142:2014 (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.

26. The first floor clubhouse hereby approved shall not be open to customers, including club members, between the hours of 23:00 to 07:00 on Mondays to Saturdays, and 22:30 to 07:00 on Sundays. After 21:30, use of the viewing balcony shall not be permitted except for viewing matches already in play.

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

27. No open storage except where shown on the approved plans shall take place within the curtilage of the site without the prior written approval of the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of adjoining properties, the visual amenity of the area, the setting of the National Park and protection of wildlife and ecology and to comply with policy DM20 of the Brighton & Hove City Plan Part Two.

28. The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property.

Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with policies CP8 & CP11 of the Brighton & Hove City Plan Part One.

29. Prior to occupation of the clubhouse, the accessible toilets on both floors shall be fitted with and include provision of changing facilities including fold down tables suitable for all and shelving for equipment. The facilities shall be retained and maintained thereafter.

Reason: To ensure inclusive, adaptable and accessible provision of suitable facilities to the clubhouse and ground for all visitors and spectators and to comply with policies CP12; CP16; CP17 of the Brighton & Hove City Plan Part One.

30. The first-floor clubhouse hereby approved shall be operated in strict accordance with the Noise Management Plan (Joynes Nash Acoustic Consultants, received 03/11/2025).

Reason: To safeguard the amenities of the locality and to comply with policies DM20 and DM40 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. The applicant is advised that a formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (tel 0330 303 0119), or www.southernwater.co.uk

2. SITE LOCATION

2.1. The application relates to an area of some three hectares located to the north of the built-up area of Saltdean. The site is the main home of Saltdean Football Club, and comprises, on the eastern half, a full-sized grass pitch with two small spectator stands on each side; a large training pitch on a raised plateau to the west; and a smaller junior pitch to the south, also on a cut and fill raised plateau.

2.2. Planning permission (BH2021/04508) was granted for alterations and additions to the site including the installation of a 3G artificial football pitch, boundary fencing, a replacement spectator stand and a new clubhouse.

2.3. A subsequent application (BH2023/02164) varied condition 1 of BH2021/04508 to allow for amendments to the approved drawings, primarily to the design of the clubhouse building.

3. RELEVANT HISTORY

3.1. BH2023/02265 - Approval of Details reserved by Conditions 3 (construction environmental management plan), 4 (site waste management plan), 5 (ground levels), 7 (carbon emissions reduction), 8 (materials), and 9 (landscaping) of application BH2023/02164. Approved

3.2. BH2023/02164 - Application to vary condition 1 of planning permission BH2021/04508 for changes to the roof ridge, omission of balcony to south elevation, amended glazing at first floor south elevation, relocation of ground floor entrance stair window from east to south elevation, relocation of first floor entrance window from south to east elevation, widening of escape stair door on north elevation and changes to first floor escape stair window on east elevation. Approved

3.3. BH2023/00323 - Application for approval of details reserved by condition 6 (tree protection scheme) of application BH2021/04508. Approved

3.4. BH2021/04508 - Installation of a 3G artificial football pitch, fencing, replacement spectator stand, external seating area, new clubhouse, car and cycle parking. (Revised plans to re-position clubhouse, revised landscaping and parking layout). Approved

4. APPLICATION DESCRIPTION

4.1. The current application seeks to vary conditions 21 and 26 of BH2021/04508 (as varied by BH2023/02164) to allow for:

· A reduction in the required BREEAM rating from 'Excellent' to 'Good'

· An extension to the permitted hours of use of the first floor of the clubhouse (containing the social and function room) for an additional 30 minutes in the evenings on Mondays to Thursdays. This would align with the already approved opening hours for Fridays and Saturdays.

4.2. The reasons for these changes are set out in the Considerations & Assessment section below. The application is part-retrospective as construction has commenced on site.

5. REPRESENTATIONS

5.1. Ten (10) letters of objection, including the following points:

· Noise disturbance and anti-social behaviour

· Additional traffic, blocking of bus route

· Impact on wildlife including from light pollution

5.2. Nineteen (19) letters of support, including the following points:

· Valuable community resource that is considerately run

· Lowered BREEAM target necessary to make the development achievable

· Varied opening hours would align with the previous clubhouse and allow for use after evening matches

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

6. CONSULTATIONS

6.1. Environmental Health: No objection

Saltdean Football Club has a premises licence and should this application be approved the applicant must ensure that the hours on the licence are varied to permit this. The applicant should be aware that the more restrictive hours apply.

6.2. Sustainability / Net Zero: No objection

Latest comment 28th October 2025:

The updated material submitted demonstrates that it is no longer realistic for the development to obtain either an 'Excellent' or 'Very Good' rating.

6.3. It is encouraging to see efforts being made to secure additional credits, however it is also regrettable that many early-stage opportunities were missed due to the late submission of reports.

6.4. Full details of consultation responses received can be found online on the planning register.

7. MATERIAL CONSIDERATIONS

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

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 Joint Area Action Plan (adopted October 2019).

8. POLICIES

The National Planning Policy Framework (NPPF)

Brighton & Hove City Plan Part One

SS1 Presumption in Favour of Sustainable Development

CP8 Sustainable buildings

Brighton & Hove City Plan Part Two

DM20 Protection of Amenity

DM44 Energy Efficiency and Renewables

9. CONSIDERATIONS & ASSESSMENT

9.1. As this is an application under Section 73 of the Town and Country Planning Act, consideration is limited to those matters which vary compared to the extant permission. In this case this would be the sustainability credentials of the development and the impact upon neighbouring amenity.

Sustainability:

9.2. The current wording of condition 21 is:

Within 6 months of first occupation of the non-residential development hereby permitted a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the non-residential development built has achieved a minimum BREEAM New Construction rating of 'Excellent' shall be submitted to, and approved in writing by, the Local Planning Authority.

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

9.3. The application seeks to vary this condition to lower the target BREEAM New Construction rating to 'Good'.

9.4. The BREEAM assessment regime operates by awarding credits for various actions and design features, many of which have to be undertaken and registered at certain stages of the project and cannot be obtained retrospectively. An 'Excellent' rating requires at least 70% of the available credits to be obtained. A score of 'Very Good' requires at least 55%, and 'Good' requires 45%.

9.5. Although the BREEAM Pre-Assessment submitted with the original application identified that BREEAM 'Excellent' was achievable, the supporting evidence submitted as part of the current application seeks to make the case that neither BREEAM 'Excellent' or 'Very Good' are now technically feasible for the scheme to achieve. The reasons given include:

· That 21 credits (out of a total of 144) linked to early design stage actions were not undertaken due to financial cost concerns and the risk of planning permission not being granted

· That the scheme is subject to financial constraints as a community project funded by donations

· Build costs have escalated since the original planning permission was granted

· The clubhouse would in isolation be a 'minor' development and if assessed on this basis would only be required to achieve BREEAM 'Very Good' under Policy CP8

· The scheme is maximising the remaining available credits where still possible, including achieving many of the 'Excellent' minimum standards.

9.6. Policy CP8 of the City Plan Part One sets the BREEAM target of 'Excellent' for Major non-residential development but does also allow for flexibility where it can be demonstrated that achieving 'Excellent' is not technically feasible and/or would make the scheme unviable.

9.7. Substantial additional information and clarification has been provided during the course of this application. The latest BREEAM appraisal (dated 22nd October 2025) identifies a current Targeted score of 47%, with a Potential score of 52.09%, and includes a detailed account of the credits that have been missed and the credits that can and cannot now be obtained.

9.8. Lowering the required BREEAM rating to 'Good' is a significant reduction and it is disappointing that the applicant and their consultant did not take the necessary actions to register the early-stage credits that could have enabled the original target of BREEAM 'Excellent', or even the intermediate rating of 'Very Good', to be achieved. It is stated within the application that this was due to cost concerns and this alone is not a satisfactory explanation, although it is recognised that the project is run by a community organisation.

9.9. In terms of viability, as the development is funded by donations it is difficult for the applicant to robustly demonstrate this aspect. Moreover, no quantitative evidence relating to increased build costs has been provided. Only limited weight is therefore given to this part of the applicant's justification.

9.10. Notwithstanding, it is welcomed that the scheme is doing what it can to achieve the remaining available credits. The scheme is also still targeting many credits that would have been mandatory to achieve BREEAM 'Excellent', including four credits relating to the reduction of energy use and carbon emissions. These are the largest category of mandatory credits and ensuring that these credits are achieved would further the Council's ambition to become carbon neutral by 2030. Moreover, the scheme would still include other sustainability measures such as Air Source Heat Pumps (ASHPs).

9.11. It is also recognised that, as a community facility, there is some public benefit arising from the proposal and lowering the BREEAM target as proposed would assist in the delivery of the project.

9.12. The Council's Net Zero team have reviewed the justification provided with the application and, on the basis of the latest submitted evidence, have no objection to lowering the target rating to 'Good'. The Net Zero team have confirmed that it would no longer be realistic for the scheme to achieve 'Excellent' or 'Very Good'.

9.13. Taking all of the above into consideration, on balance the request to lower the required BREEAM rating to 'Good' would not be objectionable.

9.14. In light of the above, the updated wording of condition 21 would be:

Within 6 months of first occupation of the non-residential development hereby permitted a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the non-residential development built has achieved a minimum BREEAM New Construction rating of 'Good' shall be submitted to, and approved in writing by, the Local Planning Authority.

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

Impact on Amenity:

9.15. Policy DM20 of the City Plan Part Two 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.

9.16. The current wording of condition 26 reads:

The first floor clubhouse hereby approved shall not be open to customers including club members outside the hours of 22.30 to 0700 Sundays to Thursdays and 2300 to 0700 on Fridays and Saturdays. Use of the viewing balcony shall not be permitted except for viewing matches in play after 9.30pm in the evening.

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

9.17. The first floor of the clubhouse contains social spaces including a function room, bar, and external viewing terrace. It is used in conjunction with the football pitch but is also a venue available for external hire.

9.18. The proposal would result in the permitted hours of use for the first floor being extended by an additional 30 minutes in the evenings on Mondays to Thursdays, with a closing time of 23:00 instead of 22:30. This would align with the already approved opening hours for Fridays and Saturdays. The Sunday closing time would remain unchanged at 22:30. After 21:30, the external viewing terrace would still only be permitted for use for viewing matches in-play.

9.19. The reason given in the application as to why this change is sought includes:

· To align with the established use of the pre-existing clubhouse

· To align with the schedule of use of the pitch and to allow for evening matches going to extra time , and

· As the function room is a source of revenue for the club

9.20. This condition relates only to the first floor of the clubhouse. The ground floor of the clubhouse (which contains changing rooms, W/Cs, and medical/admin spaces) and the football pitch(es) are not subject to restrictive planning conditions, nor was the (pre-) existing clubhouse which also included a function room and a bar.

9.21. The proposed increase to the hours of use of the first floor would therefore not affect noise generated from matches/practice sessions on the floodlit football pitches or from activity taking place within the ground floor of the building.

9.22. However, the function room/bar is also intended to be available for hire as a venue for use independent of football fixtures. Whilst it is recognised that the proposal is in some respects seeking a continuation of the pre-existing hours of use of the current clubhouse (which was not subject to restrictive planning conditions), there is some concern that the extended hours of use up to 23:00 on Sundays to Thursdays has the potential to result in a significant harmful impact on neighbouring amenity. The new clubhouse has a larger capacity, is at an elevated position, and has large openable windows and an external terrace. The new clubhouse is also closer to residential neighbours at Pickers Hill Farm Cottages than the existing clubhouse, albeit is still some 50m distant and moreover is further from dwellings on Looes Barn Close and Coombe Vale.

9.23. The original application BH2021/04508 included a noise management plan (NMP) for the clubhouse, however this was not secured by condition as part of the approval. The NMP includes measures such as keeping windows closed whilst amplified music is being played, noise monitoring during events and a complaints procedure.

9.24. The proposed extended opening hours are only considered acceptable on the basis of securing the NMP by condition.

9.25. It is noted that no objection has been raised by the Environmental Protection team, and that this application would not prevent an investigation under the Environmental Protection Act 1990, should any complaints be received.

9.26. Accordingly, extending the permitted opening hours for the first floor of the clubhouse is considered to be acceptable.

9.27. The proposed wording of condition 26 would be:

The first floor clubhouse hereby approved shall not be open to customers, including club members, between the hours of 23:00 to 07:00 on Mondays to Saturdays, and 22:30 to 07:00 on Sundays. After 21:30, use of the viewing balcony shall not be permitted except for viewing matches already in play.

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

9.28. A new condition 30 would be worded as follows:

The first-floor clubhouse hereby approved shall be operated in strict accordance with the Noise Management Plan (Joynes Nash Acoustic Consultants, received 03/11/2025).

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

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;

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.