Agenda item - BH2019/01551- 38A Upper Gardner Street, Brighton - Full Planning

Demolition of existing storage unit (B8) and erection of 3no 2 storey dwellinghouses (C3) and 1no 2 storey office building (B1) and additional two storey bridged extension between the existing properties fronting Upper Gardner Street.

RECOMMENDATION – GRANT

Ward Affected: St Peter’s & North Laine

Demolition of existing storage unit (B8) and erection of 3no 2 storey dwelling-houses (C3) and 1no 2 storey office building (B1) and additional two storey bridged extension between the existing properties fronting Upper Gardner Street.

(1)          It was noted that this application had formed the subject of a site visit prior to the meeting.

Officer Presentation

(2)          The Planning Officer, Laura Hamlyn, introduced the scheme and gave a detailed presentation by reference to site plans, photographs and elevational drawings. It was noted that the main considerations in determining the application related to the principle of the proposed change of use to residential, the impact of the design on the character and appearance on the North Laine Conservation Area, the standard of accommodation for future occupiers, the impact on neighbouring amenity and transport and sustainability issues.

(2)          It was explained that amended drawings had been received to widen the access to the residential units, although this affected units 1 and 2 both still met the nationally described space standard and was considered acceptable. The condition relating to plans would be updated to reflect this. It was also recommended that a condition be added to ensure that the east boundary wall was made good. Although not explicitly stated in the officer report, in arriving at their recommendation officers had been guided by the requirement that when considering whether to grant planning permission for development in a conservation area the council had a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the area. Case law held that the desirability of preserving a listed building or its setting or the character or appearance of a conservation area must be given “considerable importance and weight.”

(3)          It was considered that the proposed dwellings would be of an adequate size with sufficient storage and circulation space, that the scheme was acceptable overall and approval was therefore recommended.

Public Speakers

(4)          Mr Jones spoke on behalf of neighbouring objectors setting out their objections to the proposed scheme. He stated that this application followed the rejection of two earlier schemes and in his view was still inappropriate for such a constrained site. It would be a cramped and unneighbourly form of development. It had not been shown that the commercial use was redundant, the scheme had many shortcomings which had been downplayed.

(5)          Ms Sheath spoke on behalf of the applicants in support of their scheme. The applicants had in their view addressed the previous reasons for refusal and this represented good use of a brown field site. Notwithstanding reduction of office floor space the employment density was improved and additionally three dwelling units were being provided.

Questions of Officers

(6)          Councillor Yates sought clarification regarding the current commercial use and it was confirmed by the applicant’s agent that it had been used for storage of building materials.

(7)          Councillor Simson sought clarification of the access arrangements in respect of the commercial and residential elements of the scheme.

(8)          Councillor Shanks asked for confirmation regarding whether the existing cobbled surfaces would remain visible from outside the site, it was confirmed they would and in relation to works to make good the wall to the eastern boundary of the site.

(9)          Councillor Yates enquired regarding removal of the existing droppedkerb and the and whether that would compromise wheelchair access to the site and also regarding on-site parking arrangements and provision of waste storage facilities. The Development and Transport Assessment Manager confirmed that the scheme met all minimum requirements and that if further changes were required they would be subject to further discussion and approval. No waste storage was required on-site as there were communal on-street bins.

(10)       Mr Gowans, CAG enquired regarding changes to the window alignment and these were shown. In answer to further questions it was confirmed that building control requirements would need to be met in addition to any planning permission granted.

Debate and Decision Making Process

(11)       Mr Gowans, CAG, referred to the objections they had put forward stating that in their view their concerns relating to the fenestration which would be clearly visible from the highway and the appearance of the proposed gate had not been addressed.

(12)       Councillor Theobald stated that her preference would have been for two rather than three units to be provided. Councillor Simson expressed concern in relation to the width of the access arrangements.

(13)       A vote was taken and the 8 Members present voted by 6 to 2 that planning permission be granted.

25.2       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 also set out in the report and the additional condition set out below. Condition 1 to be amended to reflect the latest amended plans.

Additional condition 22:

Prior to first occupation of the residential units, the boundary wall along the eastern part of the site will be re-instated and made good.

Reason: To ensure the satisfactory appearance to the development and to comply with policies CP12 and CP15 of the Brighton and Hove City Plan Part One and policies HE6 of the Brighton and Hove Local Plan.

Note: Councillors Fishleigh and Miller had given their apologies and were not present at the meeting.