Agenda item - BH2014/03387 - 18 Wellington Road, Brighton - Removal or Variation of Conditions

Application for variation of conditions 28 and 29 of application BH2011/03796 (Application to extend time limit for implementation of previous approval BH2008/03248) to allow for changes to the wording of both conditions. Condition 28 to read as follows - "No development other than foundation earth works for the three storey extension shall commence until details of the following have been submitted to and agreed by the Local Planning Authority. A bat survey carried out between May and August. The findings of the bat surveys shall be accompanied by an appropriate bat mitigation and enhancement strategy which should provide assurance that the development will comply with wildlife legislation and address the provision of adequate artificial bat roosting structures, soft landscaping and the lighting proposals for the scheme as appropriate to ensure bat habitat is conserved and enhanced on the site. The scheme shall then be implemented in accordance with the approved details." Reason: To safeguard these protected species from the impact of the development in accordance with policy QD18 of the Brighton & Hove Local Plan. Condition 29 to read as follows - "No development other than foundation earth works for the three storey extension shall commence until details of the following have been submitted to and agreed by the Local Planning Authority. A Swift survey has been carried out between May and August. The findings of the surveys shall be accompanied by an appropriate mitigation and enhancement strategy. The scheme shall then be implemented in accordance with the approved details." Reason: To safeguard these protected species from the impact of the development in accordance with policy QD18 of the Brighton & Hove Local Plan.

RECOMMENDATION – MINDED TO GRANT

B               Application for variation of conditions 28 and 29 of application BH2011/03796 (Application to extend time limit for implementation of previous approval BH2008/03248) to allow for changes to the wording of both conditions. Condition 28 to read as follows - "No development other than foundation earth works for the three storey extension shall commence until details of the following have been submitted to and agreed by the Local Planning Authority. A bat survey carried out between May and August. The findings of the bat surveys shall be accompanied by an appropriate bat mitigation and enhancement strategy which should provide assurance that the development will comply with wildlife legislation and address the provision of adequate artificial bat roosting structures, soft landscaping and the lighting proposals for the scheme as appropriate to ensure bat habitat is conserved and enhanced on the site. The scheme shall then be implemented in accordance with the approved details." Reason: To safeguard these protected species from the impact of the development in accordance with policy QD18 of the Brighton & Hove Local Plan. Condition 29 to read as follows - "No development other than foundation earth works for the three storey extension shall commence until details of the following have been submitted to and agreed by the Local Planning Authority. A Swift survey has been carried out between May and August. The findings of the surveys shall be accompanied by an appropriate mitigation and enhancement strategy. The scheme shall then be implemented in accordance with the approved details." Reason: To safeguard these protected species from the impact of the development in accordance with policy QD18 of the Brighton & Hove Local Plan.

(1)             The Area Planning Manager, Nicola Hurley, gave a presentation by reference to photographs, plans and elevational drawings. The site was a former Church of England children’s home, and the surrounding area contained largely residential properties. Permission had been granted for the current scheme in 2009; this had been given time limit extension in April 2012, and the current application sought amendments to conditions which would allow the work on the scheme to commence. The condition related to the submission of the bat and swift surveys, and the amendment would allow the surveys to come in at a later day so foundations work could commence, and the comments from the County Ecologist were in the report. The current approval expired on 5 April 2014, and the compliance with the current condition was not possible due to the dates the surveys had to be carried out; instead the foundations works could be progressed as they would not interfere with any bats or swifts on the site. It was noted there was no evidence of bat roosts, and the County Ecologist had not objected. The application was recommendation to be minded to grant for the reasons set out in the report.

Questions for Officers, Debate and Decision Making Process

(2)             In response to Councillor Hyde the County Ecologist, Kate Cole, explained that when the application had been submitted the preliminary ecology appraisal had identified the need for the surveys. The main issues affecting any roosts or nests would be the main building and the roof. The best time to survey was May to August, and the proposed ground works would not impact the features that could be used for nests and roosts.

(3)             In response to Councillor Littman the  Head of Development Control explained that the planning history was evidence that there had been attempts at different schemes on the site; the delay in the implementation of the consent was not reason to refuse the variation and the Local Planning Authority should be helpful in assisting with the commencement of schemes. The proposed variation would allow the implementation without compromising ecology on the site.

(4)             In response to the Chair the County Ecologist stated that best practice guidance would require two dusk surveys for bats; the variation would still require these to be undertaken. There would be no harm to any ecology on the site through the ground works as both bats and swifts were used to a degree of disturbance.

(5)             A vote was taken by the 12 Members present, and the Officer recommendation that the Committee be minded to grant the application was carried on a vote of 7 in support, 3 against and 2 abstentions.

115.2    RESOLVED – That the Committee has taken into consideration the recommendation and agrees with the reasons for the recommendation set out in section 11 and resolves to be MINDED TO GRANT planning permission subject to the S106 agreement and the conditions and informatives set out in the report.