Case 3273469

Codrington Mansion, 139 Western Road, Brighton, BN1 2LA

Brighton and Hove City Council — appeal allowed

Outcome
Allowed
Decision date
22 November 2021
Authority
Brighton and Hove City Council
Inspector
Cramond D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Bailey Holdings Limited
Agent
Mr Courtney Darby
LPA reference
BH2021/00475
ONS LPA code
E06000043
Jurisdiction
Transferred
Link status
Not Linked
Start date
31 August 2021

Summary AI

The appeal for a cycle store to rear at Codrington Mansion, Brighton, was allowed due to the proposal's compatibility with development plan policies and its promotion of sustainable travel.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Codrington Mansion, 139 Western Road, Brighton, BN1 2LA — Brighton and Hove City Council — Appeal Decision Site visit made on 1 November 2021 by D Cramond BSc MRTPI an Inspector appointed by the Secretary of State Decision date: 22 November 2021. Appeal Ref: APP/Q1445/W/21/3273469 Codrington Mansion, 139 Western Road, Brighton, BN1 2LA • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Bailey Holdings Limited against the decision of Brighton & Hove City Council. • The application Ref BH2021/00475, dated 10 February 2021, was refused by notice dated 30 March 2021. • The development proposed is the erection of a cycle store to rear. Decision 1. The appeal is allowed and planning permission is granted for the erection of a cycle store to rear at Codrington Mansion, 139 Western Road, Brighton, BN1 2LA in accordance with the terms of the application, Ref BH2021/00475, dated 10 February 2021, subject to the following conditions: 1. The development hereby permitted shall be carried out in accordance with the following approved plan: 0332.01. 2. Prior to the first use of the cycle parking hereby permitted, the security lights as shown on the approved drawing shall be fully installed and made available for use.

Page 1 · Chunk 1 Appeal Decision

Codrington Mansion, 139 Western Road, Brighton, BN1 2LA — Brighton and Hove City Council — Appeal Decision They shall thereafter be maintained in perpetuity. Preliminary Matter 2. The development has commenced; that does not affect my consideration of the case. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the host property and locality. Reasons Character and appearance 4. The appeal property is a four-storey block of residential flats on the north side of Western Road, with its rear façade facing onto a car park and alongside other rear service, amenity and yard areas. The wider scene is a varied one in appearance and generally functional in character. Whilst the main buildings are of traditional form in their principal structure there are clear modernisation elements such as extensions and fire escapes in evidence on them and newer development such as the multi-level car park to be seen nearby. The appeal scheme would comprise two Sheffield stands (providing space for up to four

Page 2 · Chunk 2 Appeal Decision

Codrington Mansion, 139 Western Road, Brighton, BN1 2LA — Brighton and Hove City Council — Appeal Decision Appeal Decision APP/Q1445/W/21/3273469 bicycles) covered by a metal-framed, polycarbonate curved shelter that features two mounted security lights. 5. The Council is concerned that the scheme would have an incongruous appearance within its immediate environment, detracting from the traditional character of the host building and the neighbouring structures. The case is made that with most viewing being towards the host building a greater effort should be made towards a smaller more traditional structure. 6. I do not share this view given the characteristics I describe in paragraph 4 above. The scheme will not be jarring on the eye, as evidenced by a similar shelter nearby which sits innocuously. Level changes in the locality and other structures give rise to varied views, or not, of the site and I see no reason why a relatively modern structure cannot sit comfortably alongside the rear elevation of the host property in this context. The rear elevation will still be legible and stand forth as the older element in the wider picture. This type of cycle store is now becoming a familiar sight in established urban areas and I don’t sense incongruity. As the Council fairly recognises, heritage assets are not affected here.

Page 2 · Chunk 3 Appeal Decision

Codrington Mansion, 139 Western Road, Brighton, BN1 2LA — Brighton and Hove City Council — Appeal Decision The promotion of sustainable travel via secure cycle parking would be a benefit in my mind and I find no aesthetic reason for not adopting the solution put forward by the Appellant. 7. The Brighton and Hove Local Plan (LP) includes Saved Policy QD14 and the Brighton and Hove City Plan Part One embodies Policy CP12 which are relevant to the case. Taken together and amongst other matters, these seek well designed development that should protect local distinctiveness and character, respect the host building and its locality, and generally be architecturally suited to its place. Given the nature of the scheme I conclude that the proposal would not conflict with these development plan policies. Conditions 8. I agree with the Council that there should be a condition that works are to be carried out in accordance with listed, approved, plan; to provide certainty. I also agree that security lighting should be in place in the interests of amenity and discouragement of anti-social behaviour. Overall conclusion 9. For the reasons given above I conclude that the appeal proposal would not have unacceptable effects on the character and appearance of the host property or the locality. Accordingly, the appeal is allowed.

Page 2 · Chunk 4 D Cramond

Codrington Mansion, 139 Western Road, Brighton, BN1 2LA — Brighton and Hove City Council — D Cramond INSPECTOR 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶4

The inspector noted that the appeal property is a four-storey block of residential flats with a varied appearance, and that the proposal would not be jarring on the eye.

Character and appearance
For appellant
¶6

The inspector found that the proposal would not conflict with development plan policies and that a relatively modern structure can sit comfortably alongside the rear elevation of the host property.

Planning obligations
For appellant

The inspector agreed with the Council that security lighting should be in place to provide certainty and discourage anti-social behaviour.

Policies relied on

Reference Weight
Saved Policy QD14 and Policy CP12
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 22 November 2021 under the Open Government Licence.