Agenda item - BH2022/03260 - Le Carbone, The Old Brewery, 37 South Street, Portslade - Full Planning

1.    The Planning Manager introduced the application to the committee.

Speakers

2.    Ward Councillor Hamilton stated that in their letter of objection it should read B1 not 61 and they were disappointed that the original scheme which included an art studio and café are not being carried through by the new owners of the site. The councillor considered that a new arts space would have benefited the community. Elements of the scheme are being removed and the development not materially improved. The councillor considered residents views were being ignored.

3.    Al Start addressed the committee representing a group of residents and stated that they lived next to the Old Brewery. Construction works had been ongoing for 6 years and the new owner wants to replace the community benefits with a gym. At the moment residents have to travel to Brighton for arts. This site would be perfect for a gallery, and Phoenix are still interested in the site. The committee were requested to vote with integrity.

4.    Colin Sharpe addressed the committee as the agent and stated that the council had contacted about a gym and were informed this was an acceptable use. The local community will benefit from the use. The agent commented that the committee had no reason to refuse the application.

Answers to Committee Member Questions

5.    Councillor Yates was informed that the use class order B1 no longer exists, but it falls within use class E because the Use Class Order has changed. The application is required as the space has not yet been used for B1 use. Until that has been implemented it cannot be put to a Class E use such as a gym. The agent stated that the proposed use is for a gym and the previous interested parties have fallen away. The gym would fall within use class E. Use class D1 is for galleries open to the public.

6.    Councillor Shanks was informed that the previous B1 use related to ‘art studios and ancillary galleries, shared community space and café’ so was for more than arts, and there was no condition to include an art gallery. The Legal advisor stated that the use class B1 no longer applies and B1 can be changed to E anyway. B1 use class related to offices, research, development industries. The agent stated they were not aware that Phoenix arts were still interested.

7.    Councillor Moonan was informed that the B1 use did not include gyms. The agent stated that marketing for B1 uses had received no positive feedback. Marketing had been on the internet by agents. The case officer stated that another application on the site included information confirming that the B1 use had been advertised correctly for over 12 months. The Planning Manager stated the gym was on the ground floor of the building.

8.    Councillor Littman was informed that if the café had opened a change to use as a gym would not have required permission.

Debate

9.    Councillor Yates considered it did not seem reasonable to change the use and was unhappy at the loss of community benefits. The initial scheme sought arts. The councillor was sorry for the residents; however, because of the use class being the same they supported the application.

10. Councillor Moonan felt frustrated, however they considered there was nothing to be done as the council’s hands were tied.

11. Councillor Shanks stated they were against the application.

12. Councillor Ebel felt unhappy about the application and stated they were against it.

13. Councillor Childs stated they were against the application.

14. Councillor Littman supported the application, stating that they could not do anything else. The councillor felt sorry for the residents.

Vote

15. A vote was taken, and by 3 to 4, with 1 abstention, the committee agreed to grant permission. (The chair used a casting vote)

16.RESOLVED: That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to GRANT planning permission subject to the Conditions and Informatives in the report.