Agenda item - Deed of Variation to BH2014/00331 - 50 Heath Hill Avenue, Brighton
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Deed of Variation to BH2014/00331 - 50 Heath Hill Avenue, Brighton
1. The Planning manager introduced the report.
Questions for officers
2. Councillor Yates was informed by the Senior Solicitor that a refusal of the application may be able to be appealed as the s106 agreement was over 5 years old, but that was dependent on the nature of the application. The case officer confirmed that the application had been considered against current policies.
3. Councillor Shanks was informed by the case officer that under policy CP21 - Student Accommodation & Houses in Multiple Occupation, the students could be related to a university or other education establishment in the Brighton and Hove area. The planning team generally accept applications without prior agreement with education establishments and look to agree through a s106 agreement.
4. Councillor Littman was informed that there was no trigger point for the applicant to submit information regarding the education establishment the development is to be linked to.
5. Councillor Yates considered there were a number of issues with the process and noted that the local community had strong opinions. It was also noted that the land was not available for development, there was no agreement with either universities and therefore CP21 appeared to not be meet. The councillor did not support the application as there was no need for student accommodation. The councillor did not support the application.
6. Councillor Shanks noted the development was near Brighton University and considered the loss of the general practice surgery to be a negative. The councillor did not support the application.
7. Councillor Childs did not support the application.
8. Councillor Littman noted the development had been approved before the current policies. The councillor did not support the application.
9. A vote was taken and out of the 9 Members present the committee voted by 7 to 2not to accept the officer recommendation, with one abstention. (Councillor Theobald did not vote as they had lost digital connection during the item).
10. A motion to refuse the application was proposed by Councillor Yates, and seconded by Councillor Shanks, that the deed of variation is not granted as the applicant had not demonstrated that they had met part 6 of CP21.
11. A vote was taken and out of the 9 Members present the committee voted by 7 to 2 for the motion to refuse the deed of variation. (Councillor Theobald did not vote as they had lost digital connection during the item).
12. RESOLVED: The application was REFUSED as the applicant has not evidenced; they can comply with part 6 of policy CP21.
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