Issue - items at meetings - Designation of Neighbourhood/Business Area and Neighbourhood Forum - Brighton Marina

57.1    The Committee considered a report of the Executive Director of Environment, Development and Housing requesting determination of two neighbourhood planning applications. One related to the designation of Brighton Marina as a Business Neighbourhood Area. The other application, linked to the area application, related to the designation of the neighbourhood forum for Brighton Marina. These designations were part of the neighbourhood planning provisions introduced by the Localism Act 2011. Once designated they would enable the forum to prepare a neighbourhood development plan for the area.

57.2    It was explained that the Brighton Marina Neighbourhood Area and Forum applications had been submitted in September 2014. The geographical area proposed was the same as that defined in the Brighton Marina Act and was bounded by the cliffs to the north and the harbour arms to the south, east and west where it is also bounded by the access road. Appendix 1 to the report showed the extent of the area delineated. The applicant had indicated that they considered the neighbourhood area should be designated a business area.

57.3    Councillor Mears stated that she had grave concerns regarding the surprising and unexpected level of responses to the consultation. She understood that in addition to the fact that some properties located at the Marina were short term/company lets, there were terms in some leases which could preclude residents from responding. Given the important role that any neighbourhood area had in forming and taking forward development policy she considered that this needed to be addressed before the application could be progressed. Councillor Mears stated that she supported the principal of a neighbourhood area but not as currently framed as it could result in the owners of the site, the Brunswick Group, having significant input regarding its future from which the leaseholders themselves might be excluded. It could place too much power into the hands of the developers.

57.4    Councillor Hawtree alluded to the fact that there had been differences of opinion between different local interest groups when the recent Hove Station Neighbourhood Area application had been considered. It was important to ensure that the public engagement process was inclusive.

57.5    Councillor Mears stated that she was in agreement that it was important for Members to feel assured that an appropriate level of public consultation had taken place, and in respect of the Forum’s Membership. Councillor Mears was at pains to point out that her concerns were in no way intended as a criticism of the hard work which had been undertaken by officers; she was strongly of the view however that these issues must be addressed before the Committee could determine this issue.

57.6    Councillor Mears added that in addition to the other points she had raised, she considered that a larger area should be designated than that currently proposed. For example, the Regency Terraces and other developments/properties located above the Marina could be impacted significantly by development there and there was therefore a case for their inclusion in any neighbourhood area. Councillors Morgan and Simson concurred in that view. Councillor Morgan stated it might also be appropriate for the Gas Works site to be included and he was in agreement that the area to be included should be re-visited.

57.7    Councillor Robins sought clarification of the powers that the Forum would have once set up and concluded that it was not appropriate for a decision to be taken as matters stood.

57.8    The Chair, Councillor Bowden, stated that he was of the view that the points made by Councillor Mears were valid and that it would be entirely appropriate for consideration of this matter to be deferred in order to address the concerns which had been raised. The Chair was in agreement that he would have expected a high response rate to the consultation that had taken place. Councillor Randall concurred in that view and having put the matter to the Committee, Councillor Bowden stated that it was clear that cross-party Members were of the view that they had concerns which needed to be addressed and that further dialogue needed to take place between officers in the relevant groups in order for a decision to be made.

57.9    Members were in agreement with the Chair that the following key issues needed to be addressed:

·         Level of consultee responses

·        Public engagement

·        Extent of the area

·        Membership of the Forum

57.10  The Deputy Head of Law stated that whilst membership of the Forum and the extent of the area it should cover were separate issues, they were however clearly linked. He added that the committee could only consider the specific proposals put before it and given the issues raised it might be considered appropriate to defer the decision and have a further report tabled as soon as possible.

57.11  RESOLVED - That consideration of the designation of a Brighton Marina Business Neighbourhood Area as a business area neighbourhood area and the designation of the Brighton Marina Neighbourhood Forum (within the meaning of the Town and Country Planning Act 1990) be deferred in order for further dialogue to take place with the relevant and interested parties to resolve issues with participation and representation within and outside the proposed area, before these applications form the subject of a further report for consideration by the committee in due course.