3rd December 2025 Planning Committee – Additional Representations

 

Page

Site Address

Application No.

Comment

Item A

P17

 

Patcham Court Farm, Vale Avenue, Brighton, BN1 8YF

BH2025/02142

An additional representation has been received raising concerns regarding the increased traffic on Vale Avenue as a result of the proposed development and the fact that Vale Avenue is already unsafe.

 

Officer response: These issues are covered in the report.

 

National Highways have submitted comments stating that they have no objection to the application.

ITEM B

P59

Saltdean United Football Club And Playing Fields Saltdean Vale Saltdean Brighton BN2 8HE

BH2025/00834

Updated Consultee Comment received from Environmental Protection. The submitted Noise Management Plan has been reviewed and an additional measure is suggested relating to the display of signs/notices at exit points.

 

The full comment is available to view online.

 

Updated wording of Condition 30 to reflect the latest comments from Environmental Protection:

 

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). In addition, prominent, clear and legible notices shall be displayed prior to first use of the clubhouse and maintained thereafter at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

 

Correction to Officer Report – ‘Impact on Amenity’ section paragraph 9.22 refers to increased hours of use on Sundays to Thursdays, whereas this should read from Mondays to Thursdays.

 

ITEM C

P79

Withdean Sports Complex Tongdean Lane Brighton BN1 5JD

BH2025/01881

Minor amendments to planning conditions (underlined) as follows:

 

Condition 6 (further review of the condition wording)

 

Substitute final paragraph of condition with the following, for clarity:

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

 

Condition 7 (further review of the condition wording)

No development (including any demolition, site clearance or enabling works) shall take place until: 

(a) A Biodiversity Gain Plan (BGP) has been prepared in broad accordance with the Biodiversity Net Gain Assessment (dated November 2025 by Pennine Ecological); and 

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

 

Condition 8 (to merge with Condition 10)

(a) 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 use of the development;

v) the monitoring methodology and frequency in respect of the created or enhanced habitat; and 

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.

(b) 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.

 

Condition 9 (to change time condition required)

Within 3 months of first occupation of the development hereby permitted a Completion Report, evidencing the completed habitat enhancements set out in the approved Biodiversity Gain Plan and Habitat Management and Monitoring Plan, shall be submitted to and approved in writing by the Local Planning Authority.

 

Condition 10 (to merge with Condition 8)

Deleted to be merged with Condition 8 (see above).

 

 

Condition 27 (further review of the condition wording) 

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 ‘Very Good’ shall be submitted to, and approved in writing by, the Local Planning Authority.

 

Additional comment from Local Highway Authority (LHA) summarised as follows:

·         Whilst there are opportunities to cross the road informally on Tongdean Lane, and stretches where the kerbs are quite low, the proposed new access point for pedestrians requires a formal crossing point with dropped kerbs and tactile paving to make the access route fully accessible.

·         In relation to the activity of Coaches parking on Withdean Road, the LHA recognise that this stretch of road can become busy. It is for this reason that the LHA have welcomed the proposal in the Transport Assessment to provide new highway signs in this area to promote highway safety.

·         In relation to coaches picking up and dropping off passengers on Tongdean Lane, as long as this process is carried out in a continuous action and the coaches do not park there, this is permissible, and the LHA do not object so long as highway rules are respected.

 

Officer response:

·         Amendment to Condition 5 (Highway Works) to ensure the requirement for crossing point is included, and details/locations of highway signs, as follows:

 

Condition 5

No development above ground floor slab level shall take place until a scheme setting out highway works to implement the new/extended footway across the verge on Tongdean Lane, subject to appropriate road safety audits a  new pedestrian crossing point on  Tongdean Lane with dropped kerbs and tactile paving to serve the new pedestrian access point, and new Highway Signs at the Tongdean Lane/Withdean Road junction to improve road safety, has been submitted to and approved in writing by the local planning authority. No part of the building hereby approved shall be occupied until the approved highway works have been carried out in accordance with the approved scheme.

 

·         Amendment to Condition 19 (Car Park Layout Plan) to require details of potential on-site drop off/pick up area, as follows:

 

 

Condition 19

Prior to first occupation of the development hereby permitted, a Car Park Layout Plan shall have been submitted to and approved in writing by the Local Planning Authority.  

This should include details of proposed (and any remaining existing), cycle parking, motorcycle parking, car parking, electric vehicle parking and charging, mobility scooter parking and charging, disabled parking, customer parking, parent and child parking, loading bays, taxi pick-up and drop off, coach drop off/pick up, upgrade/expansion of bikeshare, and signage (markings and signs) for the management of all forms of parking and stopping as appropriate (such as numbered spaces and Department for Transport approved names and symbols (e.g. for a disabled bay) inside and outside of the space).  

This should also include details of  

-       how vehicles safely and conveniently turn to leave the site in a forward gear 

-       dropped kerbs from footways and tactile paving where appropriate for the mobility and visually impaired including adults with child buggies.  

The approved car parking layout scheme 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.  

 

·         Existing Condition 26 (Travel Plan) would require details of monitoring coach activity alongside vehicle car park monitoring.

 

Additional comments from County Ecologist summarised as follows:

·         Recommend that on a precautionary basis all cotoneaster on site is treated as an invasive non-native species. Appropriate measures to secure its removal and disposal by suitably qualified specialist contractors should be included in a Construction Environment Management Plan.

·         The submission now confirms that none of the trees shown in the Arboricultural Impact Plan have any potential to support roosting bats. This is accepted.

·         Precautionary construction working methods such as phased and directional

·         vegetation clearance are required in a condition for a Biodiversity Method Statement (BMS).

·         The updated Biodiversity Net Gain Metric reflects updates to the baseline to include all eight individual trees and the two tree groups (mixed scrub) and the whole site.

·         Final locations/numbers of the proposed trees should be confirmed at condition stage with a Biodiversity Gain Plan (BGP). 

·         Based on national guidance, the enhanced other neutral grassland (ONG) and new individual trees would qualify as significant onsite BNG.

·         Conditions are required for the final approach for meeting the minimum gain of 10% (and satisfying all Trading Rules) will need to be confirmed, including evidence of the purchase/allocation of any offsite units and/or statutory biodiversity credits. Trading Rules are currently not met for the medium distinctiveness habitats mixed scrub and bramble scrub. This means the development provides insufficient onsite habitat creation within the appropriate broad habitat type (Heathland and Shrub) to offset losses and this will need to be addressed when purchasing offsite units/credits.

 

 Officer response:

·         BNG already to be secured at condition stage with existing recommended conditions.

·         Additional condition required for Construction Environmental management Plan (Biodiversity):

 

Add Condition 33

No development shall take place (including ground works or vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

a) risk assessment of potentially damaging construction activities;

b) identification of “biodiversity protection zones”;

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

d) a specific method statement relating to the prevention of spread during operations and facilitation of the safe removal and disposal of the invasive non-native plant species cotoneaster;

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

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

g) responsible persons and lines of communication;

h) the role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

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

The approved CEMP shall be adhered to and implemented throughout the construction period in accordance with the approved details.

Reason: To protected habitats and species identified in the ecological surveys from adverse impacts during construction in accordance with Policy DM37 of Brighton & Hove City Plan Part 2, Policy CP10 of the Brighton & Hove City Plan Part One and Supplementary Planning Document SPD11 Nature Conservation and Development.

 

·         Additional condition for Biodiversity Method Statement

 

Add Condition 34

No development shall take place (including any ground works or site clearance) until a statement setting out precautionary construction working methods to safeguard protected species that may be present on site including reptiles, hedgehogs and breeding birds has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:

a) purpose and objectives for the proposed works;

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

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

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

e) persons responsible for implementing the works;

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

g) disposal of any wastes arising from the works.

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

Reason: To protect habitats and species that may be present on site from adverse impacts during construction and to avoid an offence under the Wildlife and Countryside Act 1981, as amended.

 

Five (5) Additional representations received objecting  as follows:

-       Objections to the “minor” labelling of the planning application classification

-       No traffic assessment appears to have been done

-       Overdevelopment of the site

-       The transport assessment is disingenuous on ways users arrive to the site

-       Noise and disturbance of the pool use

-       The ecology submission does not fully take into account impact on slow worms, White Letter Hairstreak, and Lowland Calcareous Grassland. 

-       2 storey car park proposed on the current park and ride site. 

-       The application does not meet mandatory 10% biodiversity net gain (BNG) with unsecured off-site compensation, fails to satisfy Habitat Trading rules, and submission contains errors.

 

 

Officer response:

Matters relating to amount of development on site, noise, transport and ecology submission (including BNG) have been considered within the committee report. The County Ecologist has raised no objection to the impact on designated sites, habitats and other protected species.  The County Ecologist has stated that the final approach for meeting the minimum gain of 10% (and satisfying all Trading Rules) will need to be confirmed, through the recommended conditions.

 

The application does not meet the criteria for a ‘Major’ planning application, and is therefore classed as a ‘Minor’ planning application under the Town and Country Planning (Development Management Procedure) (England) Order 2010. Although referred to in the submission as a ‘potential’ proposal, the application does not include a proposed 2 storey car park.

 

Officers, in consultation with the Local Highway Authority, are satisfied with the submitted Transport Assessment.

 

Item D

P115

54 Auckland Drive

Brighton

BN2 4JF

BH2025/02421

Verbal Consultee Comment received from Sustainable Transport, no objection

 

Update to plans table (condition 1) to account for revised plan resolving cycle parking details which were to be secured by condition:

 

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

Proposed Drawing

02 

A

28-Nov-25

Location Plan

01 

30-Sep-25

 

Update to wording of condition 5 (cycle parking) to require implementation in accordance with the approved plan:

 

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

 

ITEM E

P131

70 North Street

Portslade

BN41 1DZ

BH2025/01397

Minor update to wording of condition 4 (cycle parking) for clarification purposes;

 

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

 

ITEM F

P145

4 Benett Drive

Hove

BN3 6PL

BH2025/01832

Additional representations received after consultation period expired:

 

Three (3) comments have been received objecting to the proposal for the following reasons:

-       Overdevelopment

-       Overshadowing

-       Loss of Privacy

-       Noise

 

Officer Response

All points raised through the objections have been assessed and addressed within the officer report.

 

ITEM G

P159

Garages 1 To 6 Rear Of 187 Kingsway Hove  

BH2025/01647

Consultee Comment received from Sustainable Transport, no objection subject to the inclusion of conditions

 

Additional Condition 14 to reflect the comments;

 

No development above ground floor slab level of any part of the development hereby permitted shall take place until a scheme setting out highway works to implement the replacement of the double yellow lines outside the site with parking bays and possibly a loading bay, and the reinstatement of the original kerb line and footway, has been submitted to and approved in writing by the local planning authority.  No part of the building hereby approved shall be occupied until the approved highway works have been carried out in accordance with the approved scheme. The double yellow lines currently outside the site shall be removed, a loading bay and parking bays installed in their place, and the original kerb line and footway shall be reinstated.

Reason: To ensure safe pedestrian, cyclist and vehicular access into, out of and past the site and road safety for all road users and to comply with policies CP7, CP9, CP11, CP13 of the City Plan Part One (amend as necessary) and DM33 of City Plan Part 2.

 

Amendment to Condition 9 to request further details of the cycle parking;

 

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

 

Additional Informatives

The applicant is advised to contact the Council’s Streetworks Team (permit.admin@brighton-hove.gov.uk 01273 290729) for necessary highway approval from the Highway Authority prior to any works commencing on the adopted highway to satisfy the requirements of the condition.

 

The applicant is advised that this planning permission does not override the need to go through the Highway Authority’s Approval in Principle (AIP) process for all necessary works (including temporary works) adjacent to (that is, within 3.66m) and within the highway (including under and over). Nor does it override the need to gain any appropriate highway licences prior to the commencement of any construction works.  To avoid delay the applicant must contact the Council's Civil Engineering team (transport.projects@brighton-hove.gov.uk  01273 294570) and Streetworks team (permit.admin@brighton-hove.gov.uk 01273 290729) well in advance of planned start of works.