Agenda item - BH2023/02906 - 56 London Road, Brighton - Full Planning

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

Speakers

2.         Ward Councillor McLeay addressed the committee and stated that they objected to the application due to the impact on the neighbours. No Building Control application has been made and no surveyors have been involved so far. No contact has been made with the neighbours. There has been a loss of light and overshadowing as a result of the development. The neighbours now use internal lights more than before. There was no light impact from the previous small shed, however, the new development fills the space. Refuse and food waste smells now invade through the neighbours’ windows and lights are shining into them. The boiler flue is now directed at neighbours and noise is a major issue. The committee were requested to take on board all of the issues raised.

3.         Chloe Smith addressed the committee as the agent acting on behalf of the applicant and stated that the Building Control inspector had attended the site and all issues raised have been addressed including noise reduction. The material use of the building has not changed. The existing compressors have been moved and the extension has been given a sloping roof to allow light into the neighbours and prevent overshadowing. The noise impacts have been reduced by enclosing the compressors. The extractors remain in the same position. The light at the rear of the building is for safety reasons and not used after 9pm. The light automatically switched off after 60 seconds. The development conforms with national and local policies. The committee were requested to approve the application.

Answers to Committee Member Questions

4.         Councillor Robinson was informed that the windows facing the rear of the building were residential, the rear light is not used after 9pm and automatically turns off after 60 seconds. The Planning Manager noted that as the use of the building and yard had not changed limiting the use of the rear light by condition would be unreasonable.

5.         The case officer confirmed that the development was further away from the neighbours’ windows than the previous building had been, and that this application was not for a change of use. Any concerns regarding the noise from staff talking late at night and lights should be reported to Environmental Health.

6.         Councillor Nann was informed that conditioning use of the rear lights would be unreasonable.

7.         Councillor Earthey was informed that the applicant was able to make a retrospective application and no punitive action would be taken.

8.         Councillor Shanks was informed that the use had not changed from the approval in 2010, only the erection of a new structure was proposed.

9.         Councillor Sheard was informed that there was no change of use or volume to the building as existing on site.

10.      Councillor Loughran was informed that the use is existing the application was to assess the impact of the structure and not anything else. The case officer noted that DM40 was included in condition 2 and if noise increases then this can be investigated by Environmental Health.

Debate

11.      Councillor Allen stated that they found the application acceptable considering there were more businesses along the London Road than residential units. Ward Councillor McLeay should keep a watch and report any issues. The rear light should be there to enable workers to do their job safely. The councillor supported the application.

12.      Councillor Nann considered it was a shame the lighting could not be conditioned, and they considered the application had to be approved.

13.      Councillor Sheard considered that the rear lights were good for workers, as was the bike storage. The councillor supported the application.

Vote

14.      A Vote was taken, and by 8 to 1 abstention the committee agreed to grant planning permission.

15.      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.