Agenda item - BH2013/00453 - Land rear of 39-73 Queen Victoria Avenue, Hove - Full Planning Permission

Erection of 2 no. single storey one bedroom dwellings.

RECOMMENDATION – REFUSE

Ward Affected: Hove Park

            Erection of 2no. single storey one bedroom dwellings.

            Introduction by Officers

(1)       The Planning Manager, Mr Ellwood gave a presentation by reference to plans and elevation drawings and photographs showing the relationship between the application site and the neighbouring properties. The application sought full planning permission for the construction of two detached single storey 1 bedroom dwellings at a density of just over 71 dwellings per hectare and was a revised submission following refusal of the previous application BH2012/02544. It was considered that the design, form and siting of the dwellings together with the limited size of the plot would give the development a cramped appearance and would be incongruous with the character of the neighbouring development and would not enhance the positive characteristics of the locality. The proposed development would be overbearing and would overlook the occupiers of adjoining dwellings It was considered that future occupiers of the development would have an unsatisfactory outlook which would be detrimental to their living conditions, nor would they have an acceptable level of sustainability for development of a green field site. The proposed footway in front of each dwelling did not connect with the footpath network outside the site and was therefore contrary to policies TR7 and TR8 of the Local Plan. For all of these reasons the application was recommended for refusal.

            Public Speakers

(2)          Mr Potton spoke on behalf of neighbouring objectors stating that in their view the applicant had failed to address any of the previous reasons for refusal and represented an inappropriate form of development which would result in unacceptable levels of overlooking to the neighbouring properties as well as removing the amenity space available for residents of the adjacent flats. Objectors also had concerns regarding potential damage and loss of trees.

            Debate and Decision Making Process

(3)          Members had no questions of officers in respect of the application and a vote was then taken. The 11 Members present voted unanimously that planning permission be refused for the reasons set out.

204 7    RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in section 11 of the report and the policies and guidance set out in section 7 and resolves to REFUSE planning permission for the reasons set out below.

Reasons for Refusal:

1. The proposed development would have a cramped appearance due to the limited size of the plot and the design, scale and appearance of the dwellings would be incongruous with the predominant form and layout of development in the area and would fail to enhance the positive characteristics of the locality. The proposal would result in the loss of open space which is important to the character of the area and the loss of areas of outdoor amenity space used by existing adjoining residents. As such the proposal would be detrimental to visual amenity and contrary to policies HO4, HO5, QD1, QD2, QD3 and QD27 of the Brighton & Hove Local Plan 2005.

2. For reasons including the raised level of the site, the proximity of the dwellings against the boundaries of the plot and the siting of parking and cycle storage facilities, the development would have a significant adverse impact on neighbour amenity by way of loss of privacy, overlooking, overbearing impact and noise disturbance and intrusion. For these reasons the proposal would be contrary to policy QD27 of the Brighton & Hove Local Plan 2005.

3. The proposed development, by reason of the design and absence of windows at eye level (notwithstanding views into the enclosed terraces of each property), would not provide a satisfactory standard of accommodation for future occupiers due to the limited outlook provided from within. As such the proposal conflicts with policy QD27 of the Brighton & Hove Local Plan 2005.

4. The application proposes to achieve Level 3 of the Code for Sustainable Homes for the development. This is not a satisfactory level of sustainability for the development because the plot constitutes a Greenfield site which is not previously developed and as such a minimum of Level 5 of the Code for Sustainable Homes should be achieved in accordance with policy SU2 of the Brighton & Hove Local Plan 2005 and Supplementary Planning Document SPD08: Sustainable Building Design.

5. The proposed footway in front of the two dwelling units would not connect with the public footway outside of the site and as such would not provide for a safe and attractive pedestrian route to and from the development, contrary to the requirements of policies TR7 and TR8 of the Brighton & Hove Local Plan 2005.

Informatives:

1. In accordance with the National Planning Policy Framework the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development. The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

2. This decision is based on the drawings listed below:

            Location Plan A1411/01 A 28/02/2013

Site Plan A1411/02 C 28/02/2013

Existing Floor Plan A1411/03 A 28/02/2013

Existing North elevation A1411/04 B 28/02/2013

Existing South elevation A1411/05 A 28/02/2013

Existing East elevation A1411/06 A 28/02/2013

Existing West Elevation A1411/07 A 28/02/2013

Proposed Floor Plan A1411/08 B 28/02/2013

Proposed North Elevation A1411/09 C 28/02/2013

Proposed South Elevation A1411/10 B 28/02/2013

Proposed East elevation A1411/11 B 28/02/2013

Proposed West Elevation A1411/12 B 28/02/2013

Existing Roof Plan A1411/13 A 28/02/2013

Proposed Roof Plan A1411/14 A 28/02/2013

Proposed Floor Plan A1411/15 - 28/02/2013

Site Plan A1411/16 - 26/03