Agenda item - BH2014/01009- Land rear of 308 Dyke Road, Brighton -Full Planning

Demolition of existing garages and erection of 1no three bedroom house with off street parking.

RECOMMENDATION – REFUSE

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

 

(2)          The Area Planning Manager gave a presentation detailing the proposed scheme by reference to photographs detailing the existing garages and access arrangements to the site and elevational drawings, sectional drawings and site plans. The Area Planning Manager explained that the application had been brought before the Committee for determination as the husband of one of the planning officers had submitted representations setting out objections to the scheme. The configuration of the proposed dwelling within the site and its amenity space was also shown. The proposed development was considered inappropriate as the plot size was is too small to adequately accommodate the proposed dwelling which would represent a cramped form of development and an overdevelopment of the site.The scheme would also form an overbearing presence in the garden and would detrimentally affect the amenity of the residents of the host property and neighbouring residents at 308 Dyke Road and the residents of 306 Dyke Road and 17, 19 & 21 Maldon Road. It was also considered that the proposal did not include an adequately sized amenity area for the proposed dwelling. Refusal was therefore recommended.

 

Public Speaker(s) and Questions

 

(3)          Mr Stern the applicant spoke in support of his application stating that following initial advice from a planning officer who had subsequently left the Council a different case officer appeared to have an apposite view regarding the suitability of the proposed form of development. Mr Stern cited letters of support from an immediate neighbouring property stating that the proposal represented an improvement to the existing unused garage block, an eyesore which had attracted graffiti. Safety and security of the site would be achieved by placing a residential dwelling on site which he would be living in as a family home. The L shaped amenity space had been configured to avoid any detriment to neighbouring dwellings and the property itself would have a green roof which would also lessen its impact.

 

Questions for Officers

 

(4)          Councillor Cox requested clarification of the advice provided to the applicant. The Area Planning Manager explained that from the outset the applicant had been advised that whilst planning officers (including the original case officer), had no objection in principle to development on the site the applicant had been made aware of their concerns regarding the proposed form of development which they contended represented cramped overdevelopment of the plot which would be detrimental to neighbouring amenity.

 

(5)          Councillor Davey referred to the visuals and contextual elevations which indicated the footprint of the proposed dwelling within the site. The Area Planning Manager confirmed that one of the main concerns of officers related to its close proximity to neighbouring boundaries which would give it an overbearing presence and would in their view result in a building which was too large for the site. The Deputy Development Control Manager confirmed that officers considered that there were strong reasons to refuse the application.

 

Debate and Decision Making Process

 

(6)          Councillor Jones stated that whilst the proposed dwelling would provide a liveable space ultimately he was in agreement that it would provide a very cramped form of development. He considered however that it was important for further dialogue to take place with the applicants to ensure that they had further clarity regarding what might constitute an acceptable development.

 

(7)          Councillor Hyde stated that she concurred with the officer recommendation and was in agreement that the proposal constituted over development of the site.

 

(8)          Councillor Cox stated that the proposal represented an innovative design solution, although he was unsure whether the site was sufficiently large to accommodate it.

 

(9)          Councillor Carden stated that he did not consider that the proposal would result in overdevelopment, there were far more cramped sites elsewhere in the city and he considered the proposal to be acceptable.

 

(10)       Councillor Littman stated that in his view there was a need to create new homes in the city and whilst he understood the reasons given for refusal he did not share them and considered the proposed scheme to be acceptable.

 

(11)       Councillor Davey concurred with Councillor Littman stating that he considered that the application should be approved. The neighbouring Victorian house had been converted into flats, probably not desirable in an ideal world, however, it was acceptable as was the proposed development.

 

(12)       Councillor Mac Cafferty, the Chair stated that whilst acknowledging that there was a housing crisis and a demand for more properties to be built there was also a need to protect the amenity of existing. Development on the site was acceptable but he was in agreement that the current scheme sought to put too much onto the site and therefore represented over development.

 

(13)       A vote was taken and of the 10 Members present when the vote was taken planning permission was granted on a vote of 5 to 4 with 1 abstention. As this was contrary to the Officer recommendation a recorded vote was taken and the results of this are set out below.

 

43.9       RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in section 11 and the policies and guidance in section 7 of the report but resolved nonetheless to GRANT planning permission on the grounds that the proposed development was of an attractive and innovative design, was not overbearing and provided sufficient outdoor space. It was agreed that it would be delegated to Officers to attach Conditions and Informatives to be met and to issue the Decision Notice.

 

              The Decision Notice was subsequently issued containing the following Conditions and Informatives:

 

Conditions and Informatives:

 

(1)  The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.  Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions.

 

(2)  The development hereby permitted shall be carried out in accordance with the approved drawings listed below.  Reason: For the avoidance of doubt and in the interests of proper planning.

 

Plan Type	Reference	Version	Date Received
Block & Site Location Plan	TA749/01		31st March 2014
Existing ZARA Survey	TA749/02		31st March 2014
Existing Elevations	TA749/03		31st March 2014
Existing Sections AA & BB	TA749/04		31st March 2014
Proposed Site Plan	TA749/10	B	31st March 2014
Proposed Floor Plans	TA749/11	C	31st March 2014
Proposed Contextual Elevations	TA479/12	B	31st March 2014
Proposed Front Elevations & Section BB	TA749/13	A	31st March 2014
Proposed Side Elevation & Section AA	TA749/14	B	31st March 2014
Proposed Side Elevation & rear Elevation	TA749/15	B	31st March 2014

 

3.      No extension, enlargement, alteration or provision within the curtilage of the of the dwellinghouse as provided for within Schedule 2, Part 1, Classes A - E of the Town and Country Planning (General Permitted Development) Order 1995, as amended (or any order revoking and re-enacting that Order with or without modification) other than that expressly authorised by this permission shall be carried out without planning permission obtained from the Local Planning Authority. Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties and to the character of the area and for this reason would wish to control any future development to comply with policies QD14 and QD27 of the Brighton & Hove Local Plan.

4.    Access to the flat roofs of the development hereby approved shall be for maintenance or emergency purposes only and the flat roofs shall not be used as a roof garden, terrace, patio or similar amenity area. Reason: In order to protect adjoining properties from overlooking and noise disturbance and to comply with policies QD14 and QD27 of the Brighton & Hove Local Plan.

5.    No cables, wires, aerials, pipework (except rainwater downpipes as shown on the approved plans), meter boxes or flues shall be fixed to any elevation facing a highway. Reason: To safeguard the appearance of the building and the visual amenities of the locality and to comply with policies QD1 and QD27 of the Brighton & Hove Local Plan.

6.    No development shall commence until full details of existing and proposed ground levels (referenced as Ordnance Datum) within the site and on land adjoining the site by means of spot heights and cross-sections, proposed siting and finished floor levels of all buildings and structures, have been submitted to and approved by the Local Planning Authority. The development shall then be implemented in accordance with the approved level details. Reason: To safeguard the amenities of nearby properties and to safeguard the character and appearance of the area, in addition to comply with policies QD2 and QD27 of the Brighton and Hove Local Plan.

7.    No development shall take place until samples of the materials (including colour of render, paintwork and colourwash) to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory appearance to the development and to comply with policy QD1 of the Brighton & Hove Local Plan.

8.    No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping, which shall include hard surfacing, boundary treatments, planting of the development, indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Reason: To enhance the appearance of the development in the interest of the visual and residential amenities of the area and to comply with policies QD1, QD15 and QD27 of the Brighton & Hove Local Plan.

9.    All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. All hard landscaping and means of enclosure shall be completed before the development is occupied. Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies QD1 and QD15 of the Brighton & Hove Local Plan.

10. The new dwellings hereby permitted shall be constructed to Lifetime Homes standards prior to their first occupation and shall be retained as such thereafter. Reason: To ensure satisfactory provision of homes for people with disabilities and to meet the changing needs of households and to comply with policy HO13 of the Brighton & Hove Local Plan.

11. If during construction, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing by the Local Planning Authority), shall be carried out until a method statement identifying, assessing the risk and proposing remediation measures, together with a programme, shall be submitted to and approved in writing by the Local Planning Authority. The remediation measures shall be carried out as approved and in accordance with the approved programme. Reason: To safeguard the health of future residents or occupiers of the site and to comply with policy SU11 of the Brighton & Hove Local Plan.

12. The vehicle parking area shown on the approved plans shall not be used otherwise than for the parking of private motor vehicles and motorcycles belonging to the occupants of and visitors to the development hereby approved. Reason: To ensure that adequate parking provision is retained and to comply with policy TR19 of the Brighton & Hove Local Plan.

13. The development hereby permitted shall not be commenced until details of secure cycle parking facilities for the occupants of, and visitors to, the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be fully implemented and made available for use prior to the occupation of the development hereby permitted and shall thereafter be retained for use at all times. Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy TR14 of the Brighton & Hove Local Plan.

14. Unless otherwise agreed in writing by the Local Planning Authority, no residential development shall commence until a Design Stage/Interim Code for Sustainable Homes Certificate demonstrating that the development achieves a Code for Sustainable Homes rating of Code level 3 as a minimum for all residential units has been submitted to, and approved in writing by, the Local Planning Authority. A completed pre-assessment estimator will not be acceptable.  Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with policy SU2 of the Brighton & Hove Local Plan and Supplementary Planning Document SPD08 Sustainable Building Design.

15. Unless otherwise agreed in writing by the Local Planning Authority, none of the residential units hereby approved shall be occupied until a Final/Post Construction Code Certificate issued by an accreditation body confirming that each residential unit built has achieved a Code for Sustainable Homes rating of Code level 3 as a minimum has been submitted to, and approved in writing by, the Local Planning Authority. Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with policy SU2 of the Brighton & Hove Local Plan and Supplementary Planning Document SPD08 Sustainable Building Design.

16. No development shall take place until a written Waste Minimisation Statement, in accordance with Supplementary Planning Document 03: Construction and Demolition Waste, confirming how demolition and construction waste will be recovered and reused on site or at other sites has been submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in strict accordance with the approved details. Reason: To ensure that the development would include the re-use of limited resources, to ensure that the amount of waste to landfill is reduced and to comply with policies WMP3d of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013 and SU13 of the Brighton & Hove Local Plan and Supplementary Planning Document 03 Construction and Demolition Waste.

17. The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property. Reason: To reduce the risk of flooding and pollution and increase the level of sustainability of the development and to comply with policy SU4 of the Brighton & Hove Local Plan.

18. No development shall take place until details of the construction of the green roofs have been submitted to and approved in writing by the Local Planning Authority. The details shall include a cross section, construction method statement, the seed mix, and a maintenance and irrigation programme. The roofs shall then be constructed in accordance with the approved details and shall be retained as such thereafter. Reason: To ensure that the development contributes to ecological enhancement on the site and in accordance with policy QD17 of the Brighton & Hove Local Plan.

19. No development shall take place until a scheme for the storage of refuse and recycling has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in full as approved prior to first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained for use at all times. Reason: To ensure the provision of satisfactory facilities for the storage of refuse and to comply with policy QD27 of the Brighton & Hove Local Plan.

 

Informatives:

 

1.      The applicant is advised that details of Lifetime Homes standards can be found in Planning Advice Note PAN 03 Accessible Housing & Lifetime Homes, which can be accessed on the Brighton & Hove City Council website (www.brighton-hove.gov.uk).

2.  The applicant is advised that details of the Code for Sustainable Homes can be found on the Planning Portal (www.planningportal.gov.uk), on the Department for Communities and Local Government website (www.communities.gov.uk) and in Supplementary Planning Document SPD08 Sustainable Building Design, which can be accessed on the Brighton & Hove City Council website (www.brighton-hove.gov.uk). Accreditation bodies at March 2010 include BRE and STROMA; other bodies may become licensed in future.

3.    The applicant is advised that details of the Council's requirements for Waste Minimisation Statements can be found in Supplementary Planning Document SPD03 Construction and Demolition Waste, which can be accessed on the Brighton & Hove City Council website (www.brighton-hove.gov.uk). 

4.    The applicant is advised that advice regarding permeable and porous hard surfaces can be found in the Department of Communities and Local Government document ‘Guidance on the permeable surfacing of front gardens’ which can be accessed on the DCLG website (www.communities.gov.uk).

5.    In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One (submission document) 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.

 

                     This decision to grant Planning Permission has been taken:

 

(i)     having regard to the policies and proposals in the National Planning Policy Framework and the Development Plan, including Supplementary Planning Guidance and Supplementary Planning Documents:

(Please see section 7 of the report for the full list); and

 

(ii)    for the following reasons:-

The proposed development was of an attractive and innovative design, was not overbearing and provided sufficient outdoor space.

 

Note 1: Councillor Carden proposed that planning permission be granted on the grounds set out above. This was seconded by Councillor Davey. A vote was taken and the 10 Members present when the vote was taken voted that planning permssion be granted on a vote of 5 to 4 with 1 abstention. Councillor Carden then proposed that planning be granted on the grounds set out above. This was seconded by Councillor Davey. A recorded vote was then taken and Councillors Carden, Davey, Hamilton, Littman and Wells voted that planning permission be granted. Councillors Mac Cafferty (Chair), Jones, Hyde and Norman voted that planning permission be refused. Councillor Cox abstained.

 

              Note 2: A Councillors Gilbey and Phillips were not present when the vote was taken.