Agenda item - Request for a Deed of Variation to S106 Agreement Dated 17 June 2010 Associated with Application BH2008/01148, Block K Office Development, Brighton Station Site, Brighton

Request for a Deed of Variation to Section 106 Agreement dated 17 June 2010 associated with planning permission BH2008/01148 – Report of the Executive Director of Environment, Development and Housing (copy attached)

(1)          The Committee considered a report of the Acting Head of City Planning and Development requesting a Deed of Variation to the s106 Agreement dated 17 June 2010 associated with planning permission BH2008/01148.

(2)          The Planning Manager (Applications), Nicola Hurley, gave a presentation and explained that the site formed part of the larger site known as Block K within the Brighton Station Site. The northern part of the site had been developed as the Jurys Inn Hotel. A separate planning permission had been granted subsequently for an office block on the southern part of Block K. The developer had made a formal request for a deed of variation to delete clause 3.18 of the s106 which had sought to provide access for general members of the public who were disabled blue badge holders through the car park located in the basement of the plaza to access the plaza and open play space. It had also been requested that the obligation to provide a grey water system in the development , Schedule 1, Part 1 (4) be removed.

(3)          Councillor Barradell sought confirmation that adequate accessible wheelchair access was available and that adequate fire safety arrangements were in place.

(4)          It was explained that all necessary fire safety regulations had been met under Building Control requirements (which were separate from planning considerations). In this instance the Building Control Team had confirmed that  the applicants comments regarding the impracticality of allowing unrestricted access to the basement car park for blue badge holders were reasonable. As such users would not be familiar with the fire safety protocols of the building, and in the event of a fire their safety could be compromised. Unrestricted use of this area could also pose a security risk to the hotel. Accessibility and the prevention of crime were planning issues and as there was improved level access across other parts of the development and sufficient disabled parking nearby access to the basement car park was no longer considered necessary.

(5)          The Principal Transport Officer explained that it was unusual to have public access to a private car park.

32.6       The Planning Manager (Applications) explained that for the reasons set out in the report it was also considered that insistence on a grey-water recycling system would not serve any useful purpose given that the development incorporated a wide range of sustainable measures. For the reasons set out the proposed amendments were considered acceptable and were recommended for approval.

32.7       A vote was taken and the Committee voted unanimously to vary the s106 as requested.

32.1       RESOLVED – That the Committee resolves to allow the completion of a variation to the s106 planning agreement dated 17 June 2010 relating to Block K, Brighton Station Site to allow clause 3.18 relating to public disabled access to the car park to be deleted and Schedule 1, Part 1 (4) relating to grey-water provision to be omitted.