Agenda item - BH2018/01894 - 1A Marmion Road, Hove - Variation of Conditions

Application under S73a for variation of condition 2 of BH2015/01278 (Demolition of existing warehouse (B8) and erection of 4no two/ three storey residential dwellings (C3) and offices (B1).) (allowed on appeal) to allow amendments to the approved drawings. (part retrospective)

RECOMMENDATION – GRANT

Ward Affected: Wish

              Application under S73a for variation of condition 2 of BH2015/01278 (Demolition of existing warehouse (B8) and erection of 4no two/ three storey residential dwellings (C3) and offices (B1).) (allowed on appeal) to allow amendments to the approved drawings.

              It was noted that this application had formed the subject of a site visit prior to the meeting

            Officer Presentation

(1)          It was noted that consideration of this application had been deferred at the previous meeting of the Committee following concerns expressed by Councillor Nemeth who had spoken and had indicated that the development had not been built in accordance with the extant permission and in order to enable a site visit to take place. The applicant/agent had also been invited to address the Committee, they did not however attend in order to do so.

(2)          The Principal Planning Officer, Liz Arnold presented the application by reference to the site plans and drawings and referred to the issues raised at the previous meeting of the Committee. It was confirmed that the application had been agreed on appeal and that the conditions set by the Planning Inspector had been met, but ultimately it had not been possible to provide tree planting which was sustainable on site, that had not proved practicable given the constraints of the site but it was not considered however that the differences between the agreed plans and development as built were sufficient to warrant refusal.

              Questions of Officers

(3)          Councillor Miller commended the contribution made by Councillor Nemeth in drawing this matter to Members’ attention. Whilst understanding that it was not possible to plant trees on site, he enquired whether it would be possible either to provide trees in pots or to provide climbing plants which would soften the appearance of the building. The Legal adviser to the Committee confirmed in answer to questions that the elevational treatment and materials had been approved and it had been established trees could not be provided as they would not survive. The Planning Manager, Nicola Hurley confirmed however that were members sufficiently concerned an additional condition requiring wall climbing plants could be added.

(4)          Councillor Littman noted that it was intended that 7 trees would be provided off site stating that he hoped that arrangements would be made to ensure that they were maintained/replaced for 5 years in accordance with standard conditions applied in order to secure their longer term survival.

              Debate and Decision Making Process

(5)          Councillor C Theobald stated that having driven past the site, she considered that the development was cramped onto the site and that the brickwork was out of keeping with the neighbouring street scene. Notwithstanding that it was disappointing that permission had been granted on appeal, any further action which could be taken by the Committee was limited.

(6)          Councillor Miller re-iterated his earlier comments in relation to planting treatment on site requesting that a condition be added requiring climbing plants to be provided. This was seconded by Councillor Hyde and the Members of the Committee present were in unanimous agreement that such a condition be included in any permission granted.

(7)          A vote was taken and the 11 Members who were present when the vote was vote was taken voted unanimously that Planning Permission be granted to include the additional condition suggested.

77.3       RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves that it is MINDED TO GRANT planning permission subject to a s106 agreement and to the Conditions and Informatives also set out in the report.