Agenda item - BH2020/00538-Land Rear of 9 Hayes Close, Portslade BN42 2BQ - Full Planning

RECOMMENDATION – GRANT

Ward Affected: South Portslade

Erection of 2no two storey detached dwelling houses (C3) including landscaping, car and cycle parking.

(1)        It was noted that in in depth presentation had been provided by officers in advance of the meeting and was included on the council website detailing the scheme by reference to site plans, elevational drawings and photographs, also showing the proposals in the context of neighbouring development.

(2)        The application site related to a small plot of land to the rear of Hayes Close accessed via the access road (Highlands Close) to the rear of the Old Shoreham Road. Highlands Close was characterised by smaller garage and storage structures and open space. The space was currently used to store building materials, and was fenced off from the road, it sat lower in terms of topography than the houses in Hayes close to the north and there was a retaining wall to the site’s northern boundary. The dwellings themselves would be identical with a hipped tiled roof, tile hanging finish to the elevations and painted timber windows. A gap would be retained between the dwellings and to the rear boundary, with garden areas and a car parking space surrounding.

(4)        Whilst it was acknowledged that the site was constricted and in a potentially sensitive backland location between existing sets of dwellings, it was considered that the current proposal had overcome concerns raised by the previously refused schemes and represented an efficient and effective use of an underused site. The proposal was not considered to be overdevelopment and it was recommended that planning permission be granted.

            Public Speakers

(5)        Councillor Hamilton read out a statement on behalf of neighbouring residents setting out their objections to the scheme. They were firmly of the view that the grounds on which earlier appeals against refusal had been made had not been addressed. The proposed development would be contrary to policy QD27 and would cause material nuisance and loss of amenity to neighbouring dwellings. Residents would be severely affected by overlooking, loss of privacy, daylight, sunlight, disturbance and loss of outlook. The access arrangements would be too narrow and were insufficient to provide access for emergency vehicles.

(6)        Councillor Hamilton then spoke in his capacity as a Local Ward Councillor setting out his objections to the proposed scheme which in his view had not addressed the issues raised by the Planning Inspector in respect of the earlier application. He considered that a site visit was necessary and that the application should be refused. He concurred with the objections raised by neighbouring residents, that the proposed scheme would result in a dominant scheme completely overlooking and in unacceptable proximity to its neighbours, would have a significant negative impact and would be harmful to the character and appearance of the area. In his view it was contrary to planning policies CP12 and CP14.

(7)                The Democratic Services Officer read out a statement submitted on behalf of the applicant and their agent in support of their application. The applicants had sought to overcome the previous reasons for objection. The mass and height of the development has been substantially reduced, with a 6m gap introduced between each house, the distance to the boundary with houses in Hayes Close had also been increased, there would be no rear facing windows at high level which would prevent overlooking to of houses in Hayes Close. his proposal would provide a modest but useful contribution towards housing land supply at a time when the council was unable to meet its land supply requirements and represented re-use of a sustainable brown field site.

            Questions of Officers

(8)        Councillor Fishleigh referred to the statement made by the Ward Councillor asserting that the issues set out in the Planning Inspector’s report in relation to earlier refused applications had not been addressed, asking for officer’s views. It was explained that officers considered that the current application had addressed the earlier reasons for refusal and was now on balance acceptable for the reasons set out in the report.

(9)        Councillor Shanks asked to see visuals of aerial views of the site showing its current condition and asked for clarification regarding whether/when use of the garages had ceased.

(10)      Councillor Mac Cafferty referred to the necessity for emergency service vehicles to have access to the site, referred to by the Ward Councillor. The Legal Adviser to the Committee, Hilary Woodward, explained that these would need to be met under building control regulations which was separate from planning legislation, confirming that the application needed to be determined on planning grounds. It was confirmed by the Traffic Management Engineer, David Farnham, that the proposed access/egress arrangements were considered to be acceptable and that although it had been requested that they had requested that it be widened were not objecting on that basis.

            Debate and Decision Making Process

(11)      Councillor Theobald stated that she considered that the scheme was modest effectively utilised a small plot and was acceptable in view of the gradients across the site.

(12)      Councillor Miller stated that he considered the principle of the development and its design was acceptable and that he would be voting in favour of permission being granted.

(13)      A vote was taken and the 9 Members of the Committee who were present voted 8 to 1 that planning permission be granted.

119.5    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 set out in the report.

            Note: Councillor Childs was not present at the meeting during consideration or determination of the above application.