Agenda item - BH2015/01138,East House 7 and West House 8 Pavilion Mews & 17 Jubilee Street, Brighton -Full Planning

Application for variation of conditions 8, 9, 13, 14, 15, 16, 17, 21 and 22 of application BH2013/01034 to enable a phased implementation of the approved development.

RECOMMENDATION – SPLIT DECISION

Ward Affected: St Peters and North Laine

Application for variation of conditions 8, 9, 13, 14, 15, 16, 17, 21

and 22 of application BH2013/01034 (extensions and alterations

to building including 14no new hotel guest suites, enlargement

of the two ground commercial floor units, refurbishment of

basement car park into multi-purpose music venue, the

formation of a 3no bedroom penthouse flat, installation of

canopy over main entrance, associated landscaping and

alterations) to enable a phased implementation of the approved

development.

(1)          The Planning Manager (Applications), Nicola Hurley introduced the application and gave a presentation by reference to photographs, plans and elevational drawings.

(2)          It was explained that planning permission had been approved under application BH2013/01034 for extensions and alterations to the building including 14 new hotel guest suites, enlargement of the two ground commercial floor units, refurbishment of basement car park into multi-purpose music venue, the formation of a 3 bedroom penthouse flat, installation of canopy over main entrance, associated landscaping and alterations. This application sought to vary a number of conditions imposed on this consent. The National Planning Practice Guidance (NPPG) which accompanies the NPPF states conditions can enhance the quality of development and enable development proposals to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects of the development.

(3)          Whilst it was considered acceptable to vary conditions 13, 14, 15, 16, 17, 21 and 22, conditions 8 and 9 were considered to be enhancements to the existing building and necessary to the visual amenities of the area. They were he building as a whole and not to the residential extension to the building. It was therefore recommended the request to vary Condition 8 and Condition 9 was refused and these conditions were re-imposed on any subsequent consent. The remaining conditions could be phased to allow the outstanding details to be submitted prior to development commencing on the corresponding parts of the works. It was therefore recommended conditions 13, 14, 15, 16, 17, 21 and 22 were amended accordingly. All the remaining conditions imposed on BH2013/01034, and not subjection to the request for a variation must be re-imposed and it was therefore recommended that variation of conditions 8 and 9 be refused.

              Public Speaker(s) and Questions

(4)          Mr Nicholson spoke on behalf of the applicants in support for their request that conditions 8 and 9 of the extant planning permission be varied. He explained that all of the variations sought were being requested in conjunction with the proposed phasing of the scheme including those in conjunction with conditions 8 and 9.

              Questions for Officers

(5)          Councillor Littman sought further confirmation as to the rationale for the applicants seeking to vary conditions 8 and 9 which related to landscaping and “greening” of the buildings rather than the phased building works.

(6)          Councillor Barradell referred to the level of objections received in relation to conditions 15 and 16 asking why these had not been revisited. It was explained that these issues had been addressed as part of the overall scheme when permission had been granted.

(7)          Councillors Janio and K Norman enquired regarding where parking where parking would be displaced to as a result of the scheme. It was explained that whilst this information could be provided as it had formed part of the considerations when the earlier application had been approved it was not relevant in relation to the requested variations.

(8)          Councillor Hamilton sought clarification regarding the detailed plans which had been submitted and approved and Councillor Mac Cafferty stated that it was his recollection that permission had been granted by the Committee contrary to the original officer recommendation.

(9)          Councillor Gilbey enquired regarding the proposed variations relating to the siting of plant and machinery and general landscaping conditions. It was confirmed that when those elements came forward they would be required to take account of the extant permission.

              Debate and Decision Making Process

(10)       Councillor Littman stated that he fully supported the officer recommendations including the recommendation conditions 8 and 9 be retained in their current form and that the request they be varied be refused.

(11)       Councillor Mac Cafferty supporting the proposed variations was in agreement that variation of conditions 8 and 9 be refused. He stated that when the green roof and green walling had been approved under application BH2013/01034, the Committee had been clear that it was essential for details of this element to be submitted prior to the commencement of any remodelling of the building as these elements were not associated with the residential extension to the building but formed part of the treatment of the building as a whole. Nothing had changed and he considered that it would not therefore be appropriate for those conditions to be varied.

(12)       A vote was taken and on a vote of 11 to 1 it was agreed to vary the conditions set out in below (1). A further vote was taken and Members voted unanimously that the request to vary conditions 8 and 9 as set out in (2) below be refused.

45.6       RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in paragraph 11 of the report and resolves to make a SPLIT DECISION to:

(1) GRANT a variation to conditions 13, 14, 15, 16, 17, 21, and 22; and

(2) REFUSE a variation to conditions 8 and 9 subject to the Conditions and Informatives set out in section 11 of the report.