Agenda item - Draft City Plan Part 2

Report of the Executive Director Economy, Environment & Culture

RESOLVED:

That the Committee:

1          Notes the nature of representations made to the City Plan Part Two

Scoping Consultation undertaken July - September 2016 (summarised in Appendix 2 with a full schedule attached to the Statement of Consultation placed in the Members’ Rooms)

2          Approves the publication of the draft City Plan Part Two including

proposed draft changes to the Policies Map; draft City Plan Part Two Implementation and 67 Monitoring Targets and the following supporting documents: the Statement of Consultation, Sustainability Appraisal, Habitats Regulation Assessment and Health and Equalities Impact Assessment for a ten week period of stakeholder and public consultation during July and September 2018, subject to any minor grammatical or editorial alterations that may be agreed by the Executive Director Economy, Environment & Culture

3          Approves the following studies: Urban Fringe Further Assessment Study –Ecology and Landscape and Archaeology (2015), Housing and Employment Land Study (2017); Brighton & Hove City Council & South Downs National Park Authority Gypsy and Traveller Accommodation Site Assessments (2017) Brighton & Hove Detailed Assessment (2017); Lyon Close, Hove Report of Design Workshop (2017); Brighton & Hove Visitor Accommodation Update Study (April 2018); Brighton & Hove Wildlife Sites Review (2018); Strategic Housing Land Availability Assessment update 2017; and Brighton & Hove CPP2 Energy Study (2018) as supporting evidence for the City Plan Part Two and other planning documents.

9.1      The Committee considered a report of the Executive Director Economy, Environment & Culture which sought approval of the draft City Plan Part Two and supporting documents for a ten week consultation during July and September 2018.

9.2      Councillor Mac Cafferty asked that should the issue of finding a Gypsy and Traveller site in the City not be resolved, could this threaten the soundness of the Plan.  In response, the Planning Manager answered that a robust site search exercise had already been undertaken with the South Downs Authority and that a suitable site had not been found.  In 2014, the last gypsy and traveller accommodation assessment was undertaken, which was before the permanent pitches at Horsdean had been opened.  She confirmed that these figures would therefore have to be revisited, since they had received recent information from the Council’s Traveller Unit that the scale of traveller sites in city had now been significantly reduced. 

9.4       Councillor Mac Cafferty asked about the local regulation of short term holiday lets such as AirBnB, in the light of London Boroughs local self-regulation. Officers responded that whilst London authorities under particular legislation could require planning permission if the use was over 90 days, for Brighton & Hove and other local authorities, under current governmental classification of the use of land, planning permission is not required for the change of use of a residential property to a short-term holiday let it is treated as a residential use.  Whilst other European cities have introduced licensing systems to regulate short term holiday lets there is no current government legislation that would allow the council to introduce such a system. This is an issue that the Tourism All-Party Parliamentary Group is currently considering.

9.5       In response to Councillor Mac Cafferty’s question on whether the Park and Ride Scheme was viable and likely to go ahead, the Planning Manager replied that that there was strong support for the Park and Ride during the City Plan Part Two Issues and Options Scoping Consultation in 2016 and that in response a criteria based policy has been included in the draft City Plan Part Two to facilitate Park and Ride during the period of the Plan.           

9.6       Councillor Mac Cafferty asked about the change of use figure cited in the report and how this would work in terms of Permitted Development or PD rights and the Article 4 Direction since this appeared to be a very large figure. The Planning Manager replied that in terms of the Strategic Housing Land Availability Assessment (SHLAA ) update, they had been monitoring the change of use figures which were reported annually and that there was a potential to look at the Article 4 direction and whether it could be extended but that there would be a resource implication.

9.7      In response to Councillor Mac Cafferty’s question of thequestion of theHabitats Regulations Assessment(HRA) cited in the report, especially in regard to a recent case in Ireland, the Legal Advisor confirmed that there had been a number of recent cases and the Council would need to take all relevant case law on board when proceeding with the City Plan Part Two.

9.8      Councillor Platts asked officers whether the percentage of affordable housing should be increased to more than 40% and she confirmed the importance of bridging gaps to build more family homes rather than converting properties to HMOs.  The Planning Manager replied that CP20 has set a target of 40% affordable housing and this has already been secured on urban fringe sites and that there was a good split between affordable rented and shared ownership accommodation. The Councillor confirmed that Policy had said there should be at least 50% family housing and that some sites have been identified as part of the Joint Venture.  The Planning Manager replied that Council had control over sites that it owned but that they had limited power over privately owned land.  

9.9    Councillor Cattell also thanked officers for the hard work that had gone into producing the CPP2.

9.10   Councillor Norman noted that great deal of work of officers in compiling the documentation and that many of her queries had been answered in the report. The Councillor noted the policy on park and ride and considered that Mill Road currently used on match days is not suited to park and ride.

9.11    Councillor Mears thanked Officers for this very comprehensive City Plan asked whether the urban fringe housing areas highlighted in the report, especially surrounding the A259 were sites which had no existing infrastructure to support them. The Planning Manager confirmed that there was a lot of information in the report and that this was at a consultation stage and therefore they were happy to talk with councillors about any issues and encourage responses. The Planning Manager acknowledged that there were concerns about the fringe sites and transport and air quality issues in terms of the infrastructure and also the importance of the issue of family homes.

9.12    Councillor Mears said that local hotels were concerned by the impact of AirB&B on the City and queried whether the Visitor Accommodation Study had picked up their concerns adequately.  The Principal Planning Officer referred to Appendix 10 of the Visitor Accommodation Study which indicated how consultation with hoteliers had taken place and stated that it was in response to concerns with Short term holiday lettings the Visitor Accommodation Study had been commissioned which had informed the draft City Plan Part Two.  The Planning Manager confirmed that that the Study highlighted the Council’s current lack of power over the regulation of this issue. 

9.13    Councillor Druitt asked how the Plan would maintain the character of the Old Town and the North Laines and ensure that small independent business developments are safeguarded in this shopping area. The Principle Planning Officer answered that within the Draft City Plan Part Two Policy DM12 stated there shouldn’t be an amalgamation of smaller units and that this is an emerging policy in the Draft Plan which should help protect smaller units and creative workspaces in order to maintain the character of the central area of the City. The Planning Manager added that there should be a new management plan for the Old Town that would be brought to the Tourism Development &Culture Committee in September.

9.14    Councillor Druitt asked how the Council could future proof the City Plan Part 2 in order to cope with changes in future retail patterns of behaviour?. The Principal Planning Officer r replied that there were several policies within the Plan that addressed future proofing and gave examples of schemes such as: encouraging infrastructure to support low emission vehicles and supporting infrastructure for changing shopping habits and also further energy efficiency policies were being introduced.

9.15    Councillor Druitt asked how the Council could protect planning sites throughout the City in order to prevent smaller and micro businesses from being displaced. The Planning Manager suggested that the Councillor should come back to the Committee on this issue as part of a consultation exercise.

9.16    Councillor Norman asked whether the Plan would provide new accommodation for disabled residents and ex-Service personnel with local connections. The Planning Manager confirmed that the policies in the Plan would not assist these residents directly; however she confirmed that new properties requested that higher standards of accessibility were met including wheelchair accessible homes, but she was not sure of how these housing needs would be met within the Council’s Allocation Policy.

9.17    RESOLVED:

That the Committee:

1)        Noted the nature of representations made to the City Plan Part Two Scoping Consultation undertaken July - September 2016 (summarised in Appendix 2 with a full schedule attached to the Statement of Consultation placed in the Members’ Rooms)

2)        Approved the publication of the draft City Plan Part Two including proposed draft changes to the Policies Map; draft City Plan Part Two Implementation and 67 Monitoring Targets and the following supporting documents: the Statement of Consultation, Sustainability Appraisal, Habitats Regulation Assessment and Health and Equalities Impact Assessment for a ten week period of stakeholder and public consultation during July and September 2018, subject to any minor grammatical or editorial alterations that may be agreed by the Executive Director Economy, Environment & Culture

3)        Approved the following studies: Urban Fringe Further Assessment Study –Ecology and Landscape and Archaeology (2015), Housing and Employment Land Study (2017); Brighton & Hove City Council & South Downs National Park Authority Gypsy and Traveller Accommodation Site Assessments (2017) Brighton & Hove Detailed Assessment (2017); Lyon Close, Hove Report of Design Workshop (2017); Brighton & Hove Visitor Accommodation Update Study (April 2018); Brighton & Hove Wildlife Sites Review (2018); Strategic Housing Land Availability Assessment update 2017; and Brighton & Hove CPP2 Energy Study (2018) as supporting evidence for the City Plan Part Two and other planning documents.