Agenda item - BH2013/00908 - 112-113 Lewes Road, Brighton - Removal or Variation of Condition

Application for variation of condition 28 of application BH2010/01824 (Erection of four storey building providing retail floor space on ground and first floors and student halls of residence (39 units) on ground and upper floors) to allow for internal alterations including a reduction in commercial floor area, alterations to ground floor layout and an additional 5 bed spaces.

RECOMMENDATION – MINDED TO GRANT

Application for variation of condition 28 of application BH2010/01824 (Erection of four storey building providing retail floor space on ground and first floors and student halls of residence (39 units) on ground and upper floors) to allow for internal alterations including a reduction in commercial floor area, alterations to ground floor layout and an additional 5 bed spaces.

(1)                   The Case Officer, Anthony Foster, introduced the application and gave a presentation by reference to photographs, plans and elevational drawings. The site was located near the Lewes Road gyratory, and the application sought variations to the original approved scheme which would allow for an amended internal layout, and the loss of the retail space at the first floor. It was proposed that the third floor roof terrace be removed and enclosed to create five additional bed spaces, and it was noted that the principle of the development had been established by the previous consent. A deed of variation was also sought so that the s106 agreement was properly linked to the revised scheme. It was not considered that the amendments would cause harm to the Lewes Road shopping area or the permitted retail unit, and the proposal would not have undue impact. In terms of design these were minor in nature and would not compromise the design or appearance of the building; nor there be any detrimental impact on the highways network. The application was recommended to be minded to grant for the reasons set out in the report, and subject to agreement of the deed of variation to the s106 agreement.

Questions for Officers

(2)                   It was confirmed for Councillor Randall that the total number of units would now be 44.

(3)                   It was noted, in response to Councillor Deane that appropriate sound proofing of the new common room would be secured through condition.

(4)                   It was confirmed for Councillor Gilbey that some of the units had private amenity space, but there was a rear area of amenity space for use by all the residents of the rear unit in the development.

Debate and Decision Making Process

(5)                   Councillor Randall stated that he would not be supporting the Officer recommendation as he had not been in support of the original scheme. He added that there were 29 HMOs in the immediate area of New Market Road, and additional students would add to the existing problems.

(6)                   Councillor Hyde noted she was of the opposite view, and the scheme was only asking for an additional 5 units above what had already been agreed, and she felt there would no significant impact.

(7)                   A vote was taken and planning permission was granted on a vote of 10 to 2.

92.2       RESOLVED – That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 11 and resolves to be MINDED TO GRANT planning permission subject to the conditions and informatives set out in the report.