Agenda item - To consider and determine planning applications on the plans list dated 22 October 2008
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Agenda item
To consider and determine planning applications on the plans list dated 22 October 2008
(copy circulated separately).
Minutes:
118 . PLANS LIST APPLICATIONS, 22 OCTOBER 2008
(i) TREES
118.1 RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in Paragraph 7 and resolves to refuse consent to fell the trees which form the subject of the following application subject to the conditions set out in the report :
BH2008/02703, Mill House , Overhill Drive , Patcham
(ii) SUBSTANTIAL OR CONTROVERSIAL APPLICATIONS OR APPLICATIONS DEPARTING FROM COUNCIL POLICY : 22 OCTOBER 2008
118.2 There were none.
(iii) DECISIONS ON MINOR APPLICATIONS WHICH VARY FROM THE RECOMMENDATIONS OF THE DIRECTOR OF ENVIRONMENT AS SET OUT IN THE PLANS LIST (MINOR APPLICATIONS) DATED 22 OCTOBER 2008
118.3 ApplicationBH2008/ 01953, 1 - 2 Regent Street, Brighton - Demolition of existing 2 storey building and erection of 4 storey building with replacement of retail on the ground floor and 5 flats above.
118.4 It was noted that this application had formed the subject of a site visit prior to the meeting.
118.5 The Area Planning Manager (East) gave a presentation detailing the scheme including by reference to plans and elevational drawings explaining that the principle of demolishing the existing building was considered acceptable, that there were no objections on traffic grounds and that although small the level of amenity space was considered acceptable given the city centre location of the development .
118.6 Councillor Kemble sought confirmation regarding whether the existing retail unit would be retained and it was explained that the existing level of retail floor space would be retained although not necessarily for the same use.
118.7 Councillor Davey enquired whether shutters were to be provided to units on the upper floors as this feature appeared to be shown in the submitted drawings. It was explained that it was not intended to provide shutters.
118.8 Mr Small (CAG) enquired regarding the proposed retail use at first floor level and it was explained that this was regarded differently from that located at ground floor level for the purposes of planning policy.. Mr Small also reiterated the objections made by CAG that the proposed design was not considered to be of sufficient quality to justify loss of the existing building . It was noted that the North Laine Community Association had lodged similar objections.
118.9 Councillor Smart asked whether consideration had been given to providing a lift within the development. The area Planning Manager (East) explained that there was no planning policy basis for requiring a lift to be provided within the development . Councillor Smart also expressed the view that the lack of parking was unacceptable . Councillor Mrs Theobald concurred in that view stating that she considered it regrettable that a lift was not proposed within the development.
118.10 Councillors Kennedy and Steedman concurred with the views expressed by CAG considering that the proposed design of the development was poor considering the prominent site which it would occupy and that it would adversely impact on the character and appearance of the surrounding North Laine Conservation Area. Councillor McCaffery also concurred in that view . Councillor Mrs Theobald enquired whether it would be possible to defer consideration of the application in order to require the applicant to effect improvements to the design.
118.11 The Deputy Development Control Manager stated that significant changes had been made to the scheme as originally submitted and that Members needed to determine the application as submitted.
118.12 Councillor Carden stated that he considered the scheme to be acceptable .
118.13 A vote was taken and on a vote of 7 to 4 with 1 abstention planning permission was refused on the grounds set out below.
118.14 RESOLVED - That the proposed development, by virtue of its quality of design, would be unacceptable and would adversely impact upon the character and appearance of the North Laine Conservation Area, and would be contrary to policies Qd1, QD2 and HE6 of the Brighton & Hove Local Plan.
[Note 1 : A vote was taken and on a vote of 7 to 4 with 1 abstention planning permission was refused ].
[Note 2 : A recorded vote was taken. Councillor Kennedy proposed that planning permission be refused on the grounds set out above. This was seconded by Councillor Steedman. Councillors Hyde (Chairman), Davey, Kennedy, Kemble, McCaffery, Smart and Steedman voted that planning permission be refused . councillors Barnett, Carden , Hamilton and wells voted that planning permission be granted. Councillor Mrs theobald abstained . Therefore on a vote of 7 to b4 with 1 abstention planning permission was refused].
118.15 Application BH2008//02702, 41 - 45 St . James’ Street , Brighton - Variation of condition 6 attached to BH1997/ 00792/fp, to sallow opening hours in accordance with the premises licence and operating schedule .
118.16 The Area Planning Manager (East) gave a presentation explaining that the applicant had requested to be permitted to vary the their planning permission it into line with the conditions under their premises licence . He explained that when granting a premises licence a licensing Panel needed to have regard to he licensing objectives and to the need to seek to avoid public order or noise nuisance offences from occurring . The Planning Committee could have regard to planning issues such as protection of neighbouring amenity .
118.17 Mr Nicoll spoke on behalf of neighbouring objectors living above the premises stating that the opening hours granted under the original permission had been imposed in order to protect the amenity of neighbours and to seek to ensure that they did not suffer from an unacceptable level of disturbance late at night. These issues remained important, in particular the need for mitigate against residents being disturbed by those leaving the premises late at night.
118.18 Mr Radke the applicant spoke in support of his application stating that since he had taken over occupation of the premises it had been well run and its existence had been instrumental in discouraging drug dealing and other anti- social behaviour which had previously taken place in the immediate area. There had only been two complaints regarding noise which had been responded to immediately, as a result noise inhibiting equipment had been installed to prevent any further nuisance from occurring . Other premises close by were permitted to stay open for longer and he wanted parity with them. The intention was not to stay open longer every evening but to have the flexibility to do so.
118.19 Councillor Davey asked whether the premises had been staying open later and it was confirmed that having been unaware of the need to apply for a variation to the extant planning permission the premises had been open until a later hour in line with the conditions of the premises licence .
118.20 Councillors Barnett and Mrs Theobald considered that it appeared that the premises were well run (evidenced by the very low number of complaints) , whilst acknowledging acknowledging for those leaving the premises late at night to disperse immediately and quietly. In answer to questions of Councillor Mrs Theobald regarding arrangements for those wishing to smoke it was explained that patrons did so on the pavement outside.
118.21 In answer to questions of Councillors Wells and Barnett it was explained that it was understood that the public house directly opposite the premises had permitted opening hours until 2.00am. Councillor Wells stated that it appeared that the applicant had made every endeavour to ensure that his business as a restaurant , café , bar did not give rise to any nuisance , he did not consider the request made to be unreasonable. Councillor Kemble stated that he was familiar with the area ands not aware of any nuisance emanating from the premises, he considered the request to be acceptable. Councillors Davey and Steedman considered that it would be appropriate to grant a temporary licence which would be subject to review and would then come back to the Committee for re determination. Councillor Carden concurred with the Officers’ recommendation stating that nuisance and disturbance often arose when individuals left premises .
118.22 Members discussed whether or not they were minded to grant a licence for a temporary period of six or twelve months and agreed that they considered it appropriate for a temporary licence to be granted for a period of 12 months.
118.23 a vote was taken and on a vote of 47 to 1 with 4 abstentions temporary planning permission was granted for a period of 12 months in the terms set out below.
118.24 RESOLVED - That temporary permission be granted for 12 months expiring on 22 October 2009 subject to the following conditions and informatives :
Conditions
1. The premises shall not be open or in use except between the following hours :-
Mondays to Saturdays (inclusive) : 09.00 hours to 01.30 hours the following day
Sundays: 09.00 hours to 23.30 hours
Reason: to safeguard the amenities of the locality and to comply with policy QD27 of the Brighton & hove Local Plan.
2. This permission shall be for a temporary period only and shall expire on 22 October 2009.
Reason : To enable the Local Planning Authority to monitor the impact of the increased opening hours on the amenities of the locality and to comply with policy QD27 of the Brighton & Hove Local Plan.
3. The outside terrace area at the front of the premises shall b closed to customers between 22.30 hours and 10.00 hours the following day.
Reason : To safeguard the amenities of the locality and to comply with policy Qd27 of the Brighton & Hove Local Plan.
Informatives :
1. This decision is based on site plan no.SK01 , an unnumbered site plan, Premises License and a Statement submitted on 13 august 2008, an e - mail received on the 18 august 2008 , an e - mail received on 8 September 2008 and a letter received on 12 September 2008.
2. This decision to grant planning permission has been taken :
(i) having regard to the policies and proposals in the Brighton & Hove Local Plan set out below :
Brighton & Hove Local Plan:
TR1 Development and the demand for travel
QD3 Design - efficient and effective use of sites
QD27 Protection of amenity
SU9 Pollution and nuisance control
SU10 Noise nuisance
SR5 Town and district shopping centres
Planning Policy Statements and Guidance
PPS1 : Delivering Sustainable Development
PPS6 Town Centres
PPG24Planning and Noise
(ii) for the following reasons : -
Taking into account all material planning considerations , the proposed increased opening hours are considered to be acceptable for a temporary period of one year in respect of their impact on the amenities of the locality.
3. The applicant is advised that the remaining conditions attached to planning permission BH2007 /00792 / FP are extant and require to be complied with .
[ Note 1 : A vote was taken and o a vote of 7 to 4 with 1 abstention temporary planning permission was granted].
[Note 2 : A recorded vote was taken . Councillor Kemble proposed that temporary permission be granted for 1 year this was seconded by Councillor Wells .councillor s Barnett Hyde (Chairman), Davey, Kemble, Smart, Mrs Theobald and Wells voted that temporary permission be granted . Councillor Carden voted that permission be refused . Councillors Hamilton, Kennedy, McCaffery and Steedman abstained. Therefore on a vote of 7 to I1 with 4 abstentions temporary planning permission was granted .
(iv) OTHER APPLICATIONS
118.25 Application BH2008/00688, 21 Bennett Drive - Demolition of existing two storey detached house to be replaced by a three and a half storey eco house.
118 .26 The Deputy Development Control Manager explained that the application had been withdrawn at the request of the applicant.
118.27 RESOLVED - That the position be noted .
118.28 Application BH2008/01036, Tudor Cottage, 263 London Road, Brighton - Conservation Area Consent for proposed demolition of existing dwelling and garage and erection of four storey apartment building containing 7 flats.
118.29 Members considered that it would be appropriate to carry out a site visit prior to determining the application.
118.30 RESOLVED - That consideration of the above application be deferred pending a site visit .
118.31 Application BH2008/02440, Tudor Cottage, 263 London Road, Brighton - demolition of existing dwelling and garage and erection of four – storey apartment building containing 7 flats.
118.32 members considered that it would be appropriate to carry out a site visit prior to determining the application.
118.33 RESOLVED - That consideration of the above application be deferred pending a site visit.
118.34 Application BH2007/04167, Rear of 20 - 36 Baden Road, Brighton - Erection of 9 terraced dwellings (2 x2 bed houses and 7 x3 beds). With vehicular parking for 9 cars.
118.35 The Area Planning Manager (East) gave a presentation detailing the scheme by reference to elevational drawings and plans. I answer to questions he explained that only two of the buildings three floors would be visible from Bevendean Road. Each of the dwellings would have a small private garden area with parking spaces to the front .
118.36 Councillor Mrs Theobald sought clarification regarding the distances between the proposed development and the nearest neighbouring dwellings. Councillor Mrs Theobald also queried whether the garages located in Baden Road would still be accessible once the development had been completed . It was explained that these garages would still have access onto Baden Road itself. As the area did not fall within a Controlled Parking Zone , it was not considered that any additional traffic or on - street parking resulting from the scheme would create parking problems within the area.
118 .37 Councillors Carden and Kennedy considered that the scheme represented a good use of the land which would provide much needed family accommodation. Councillor Wells also concurred in that view. Councillor Steedman supported the scheme but requested that an condition 13 be amended to seek to ensure that the hard standing surface provided was permeable. The Committee was in agreement .
118.39 A vote was taken and on a vote 11 with 1 abstention planning permission was granted in the terms set out below .
118.40 RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 8 of the report and resolves to grant planning permission subject to the conditions and informatives set out in the report and subject to condition 13 and the accompanying reason being amended to include permeable hard surfacing to read:
No development shall take place until there has been submitted to and approved in writing by the Local Planning authority a scheme for landscaping., which shall include permeable hard surfacing , means of enclosure, planting of the development, indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development in the interest of the visual amenities of the area, makes efficient use of water and to accord with policies QD15 and SU2 of the Brighton & Hove Local Plan.
118.41 Application BH2008/02181, 1 Lustrells Close , Saltdean - Demolition of garage and side porch and construction of extension to side. Formation of rooms in new and existing roof space with dormer windows to front and rear. Alterations to existing fenestration to front and rear. Works to form a pair of semi detached single family dwellings .
118.42 The Area Planning Manager (East) gave a detaild presentation relative to the proposed scheme .
118.43 Mr Thomas spoke on behalf of the applicant in support of his application and Mr Wilson the applicant also spoke in support of his application indicating that the he had not initially been aware of the sustainability measures required. He stated that other plots in the locality had received similar treatment and, that he did not consider his proposal to be out of keeping with the prevailing street scene.
118.44 In answer to questions of Councillor Mrs Theobald the Area planning Manager (East) explained that the ridge height of the proposed dwellings would be the same as that of the neighbouring dwellings but that each would also have a two storey extension above . In answer to questions of Councillor Smart it was explained that although there were some semi detached bungalows and houses in the area there none immediately nearby the application site.
118.45 Councillor Kennedy stated that she supported the Officers’ recommendation considering that the proposals represented overdevelopment and would result in loss of amenity to neighbouring dwellings. Councillor Mrs Theobald concurred in that view.
118.46 Councillors Kemble, McCaffery and Wells considered that the proposals were acceptable, did not detract from the surrounding street and would provide additional family accommodation.
118.47 A vote was taken and on a vote of 9 to 3 permission was refused.
118.48 RESOLVED- That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragrapg 8 of the report and resolves to refuse planning permission for the following reasons :
1. The sub division of the plot and formation of a pair of semi detached houses fail o emphasise or enhance the key neighbourhood principles of the local neighbourhood. The scheme fails to take into account the bulk and design of existing buildings and the layout and character of the background street and spaces and , as such , would have a harmful impact upon the local urban character. This is contrary to policies QD1, QD2 and QD3 of the Brighton & Hove Local Plan.
2. the proposed extensions are considered poorly designed by reason of their scale, bulk, massing and detail; harming the character and appearance of the property and street scene. This is contrary to policies QD1, QD2, QD4 and QD27 of the Brighton & Hove Local Plan and Supplementary Planning Guidance Note 1 (SPG BH1 - Roof Extensions and Alterations).
3. The proposed extension by reason of its bulk and massing in close proximity to the joint boundary is considered to harm the residential amenity of adjoining occupiers. It would result in a loss of light to and harm the outlook of number 25 Lustrells Crescent. This is contrary to policies QD1, QD14 and QD27 of the Brighton & Hove Local Plan.
4. The development fails to demonstrate that it will meet acceptable standards of sustainability, will be efficient in the use of energy, water and materials or will incorporate appropriate sustainability measures into the development. This is contrary to policy SU2 of The Brighton & Hove Local Plan and Supplementary Planning Guidance Note 16 (Energy Efficiency and Renewable Energy).
5. The proposal fails to meet the travel demands that it creates and does not provide the necessary contribution towards and enhancement of sustainable methods of transport . This is contrary to planning policies TR1 and QD28 of the Brighton & Hove Local Plan.
6. The proposal fails to demonstrate a satisfactory construction waste minimisation strategy, confirming how demolition and construction waste will be recovered and re used on site or at other sites., therefore reducing the need to dispose of waste at landfill. This is contrary to policies SU13, of the Brighton & Hove Local Plan and supplementary Planning Guidance Document 03 (Construction and Demolition Waste).
Informatives :
1. This decision is based on Design and access Statement, waste Minimisation statement , Block Plan and unnamed drawing nos. 05/0608, 05/06080, 05 0608b, 05/0608c and 05 / 0608d, submitted on 25 / 06 / 2008 and Planning Statement 10/09 / 2008.
118.49 Application BH2008/01460, Saltdean Barn , Arundel Drive West, Saltdean - Extension to existing childcare centre comprising the ground floor and an upper hall within the roof space, including the formation of one door opening and minor alterations to the listed building.
118.50 The Area Planning Manager (East) gave a presentation referring to elevational drawings illustrating the proposed extension to the existing childcare centre.
118.51 Additional conditions were proposed by Councillor Steedman ensure that adequate sustainability measures were in place. This was supported by the Committee.
118.52 A vote was taken and Members voted unanimously to grant planning permission.
118.53 RESOLVED – That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 8 of this report and resolves to grant planning permission subject to the conditions and informatives set out in the report . and subject to the following additional conditions :
11.05.04 General Sustainability Measures
12. The extension hereby approved shall not be brought into use until a site travel plan (a document setting out a package of measures tailored to meet the needs of the site and aimed at promoting sustainable travel choices and reduce reliance on private motor vehicles) for the whole site, including the existing building, has been submitted to and approved in writing by the local Planning Authority. The site travel plan shall be implemented as approved thereafter and shall be subject to an annual review in accordance with details submitted to and approved in writing by the Planning authority.
Reason: To reduce traffic generation by encouraging alternative means if transport to the private motor vehicle and comply with policy TR 4 of the Brighton & Hove Local Plan.
118.54 Application BH 2008/00958, 20b Bristol Mansions, 19 - 20 Sussex Square, Brighton - Refurbishment and modernisation of existing accommodation.
118.55 In answer to questions of Councillor Steedman it was explained that requirements relating to detailing of the fenestration had been picked up in the proposed conditions .
118.56 RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 8 of the report and is minded to grant listed building consent , subject to the receipt of satisfactory amended drawings relating to the design of the rear window and approval from GOSE and to the conditions and informatives set out in the report.
118.57 Application BH2008/00318, 1 to 19 Buckingham Lodge, Buckingham place, Brighton - Construction of one additional storey to form 6 1 bedroom flats and conversion of 2 of the existing garages into a bin / cycle storage area.
118.58 The Area Planning Manager (East) gave a presentation detailing the proposals. He explained that the application site had been subject to a number of planning applications over recent years including the previous application which had been dismissed. However, the Inspector had also concluded that a scheme which included an additional storey of the right proportions with a set back and of appropriate design could improve the appearance and proportions of the property.
118.59 Councillor Davey sought clarification regarding whether or not improvements were proposed to the rest of the development and regarding proposed amenity space . it was explained that this would take the form of Juliet balconies. Councillor Mrs Theobald sought confirmation as to whether a lift would be any provided within the development and whether the proposals would result in loss of a disabled parking bay. It was explained that there would be a central; staircase and that there would be no direct loss of any parking although access to the existing garages (which were not believed currently to be in use) was unlikely to be lost , these were in a parlous and un - used state .
118.60 In answer to questions of Councillor Wells regarding the rationale for the development being car free the Traffic Manager explained that as there was a five month waiting list for residents parking permits the development needed to meet the requirements of policies TR1 and HO7 .
118.61 Councillor Kennedy stated that she considered the building to be unattractive as was the proposed additional storey .However, she recognised that the Planning Inspector’s decision represented a material planning consideration. Councillor Mrs Theobald stated that she did not consider it appropriate to add an additional storey onto the top of this existing block of flats. She considered that this would represent an overpowering form of development within the context of the Westhill Conservation Area. Councillors Carden and Smart considered that the proposal would not have a significant impact on either the existing building or the surrounding street scene.
118.62 A vote was taken and on a vote of 6 of to 1 with 5 abstentions planning permission was granted in the terms set out below.
118.63 RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 8 of the report and resolves to grant planning permission subject to conditions and inforrmatives set out in the report.
118.64 Application BH2008/01952, 13 Broad Green, Brighton - erection of a detached 4 bedroom chalet bungalow .
118.65 Councillor Wells sought clarification regarding whether the application site had already been subdivided . The Area Planning Manager (East) explained that the plot had already been divided as a result of the earlier permission. The current application represented revisions to the earlier scheme.
118.66 RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 8 of the report and resolves t bat it is minded to grant planning permission subject to receipt of full details of site levels and ridge heights of the proposed house and adjoining properties and subject to the conditions and informatives set out in the report .
Supporting documents:
- Item 118A Plans List Index, item 118. PDF 62 KB View as HTML (118./1) 57 KB
- Item118BMillHouseOverhill Drive,report, item 118. PDF 497 KB View as HTML (118./2) 2 MB
- Item 118cTrees Dele List, item 118. PDF 82 KB View as HTML (118./3) 66 KB
- Plans List 22 Oct 08, item 118. PDF 2 MB
- Item 118EPlans List Determined Applications, item 118. PDF 655 KB View as HTML (118./5) 589 KB