Planning in Brighton & Hove

Community Facilities

1. Planning permission will be granted for new community facilities in Regional, Town, District and Local Centres in accordance with Policy DM12 and in other locations where all of the following criteria are met: a) the proposed use is compatible with adjoining and nearby uses; b) the site is close to the community it serves and is readily accessible by walking, cycling and public transport; and c) where feasible and appropriate, community facilities have been co-located to maximise their accessibility to residents and reduce the need for travel (for example at Community Hubs). 2. Development that would lead to the loss of community facilities will only be permitted where it has been demonstrated that at least one of the following circumstances applies: a) replacement facilities of an appropriate quality and size will be provided as part of new development proposals or in an alternative suitable location that meets the criteria in part 1 of this policy; or b) the facility is no longer needed and suitable alternative provision with sufficient capacity is available in a location easily accessible to users of the facility; or c) the building or land is no longer suitable to accommodate the current use or an alternative suitable community use and cannot be reasonably adapted to do so; or d) it has been demonstrated that there is no current or future need or demand for the space, either in its current use or any alternative community use and evidence of active, flexible and appropriate marketing of the site for community use has been provided. Partial loss of floorspace through change of use will be supported where it can be clearly demonstrated that the operational need of the community use requires less floorspace or where continuation of the existing use would otherwise be unviable and can be sustained by cross-subsidy.

High quality design and places

Planning permission will be granted for development proposals that demonstrate a high standard of design and make a positive contribution to a sense of place and the visual quality of the environment. The council will require an integrated approach to the design process from project inception where place making and sustainable development, including the principles of the circular economy, are considered as one. Proposals for development will be expected to consider the following key design aspects: a) the local context; including responding positively to the urban grain; b) the scale and shape of buildings; c) the building materials and architectural detailing; and d) the spaces between and around buildings taking into account: (i) purpose and function; (ii) access and linkages; (iii) uses and activities; and (iv) comfort, image and sociability. Major development proposals will be required to demonstrate how the criteria listed above have been considered and addressed in their plans. In addition to the above, major development proposals on strategic and/or prominent sites that are likely to have an impact on public realm are required to incorporate an artistic element.

Maximising Development Potential

To avoid underdevelopment of sites proposals should seek to maximise opportunities for the development and use of land to ensure the efficient and effective use of available sites. Planning applications will be expected to demonstrate that development proposals meet all of the following requirements: a) maximise opportunities for an appropriate mix of uses across the site; b) residential development should seek to optimise densities taking account of Policies CP14 Housing Density, SA4 Urban Fringe and SA5 The Setting of the SDNP in City Plan Part One; c) achieve efficient use of the site in terms of building layouts and design; and d) make efficient use of land to provide for effective open space, amenity space, access and car parking.

Protection of Amenity

Planning permission for development including change of use will be granted where it would not cause unacceptable loss of amenity to the proposed, existing, adjacent or nearby users, residents, occupiers or where it is not liable to be detrimental to human health.

Extensions and alterations

Planning permission for extensions or alterations to existing buildings, including roof extensions, will be granted if the proposed development: a) is well designed and scaled, sited and detailed in relation to the property to be extended, adjoining properties and to the surrounding area; b) takes account the existing character of the area; and c) uses materials that complement the parent building.

Shop Fronts

Permission will be granted for a new, replacement or altered shop front provided that the shop front: a) Respects the scale, style, proportions, detailing, materials and finish of the parent building and surrounding buildings; b) Retains a visible means of support to the building above and does not interrupt or obscure any architectural details; c) Has a fascia that is proportionate in depth to the scale of the shop front and which retains or reinstates vertical breaks between buildings; d) Integrates all elements of the shop front, including provision for security measures, blinds and advertisements where required; e) Incorporates all reasonable measures to make the shop front accessible to all. In conservation areas and in listed buildings shop front proposals must preserve or enhance the special architectural and historic interest of the area or building. Good quality traditional shop fronts or surviving elements must be retained and where necessary restored. New or replacement shop fronts in traditional buildings should be based upon historic evidence or nearby historic examples wherever possible. Subtle artificial lighting can highlight architectural features but should be low impact and avoid wider light spill. Security measures will be permitted where they are well designed, integrated into the shop front and maintain a window display. Solid shutters will only be permitted where at least one of the following criteria is met: a) In isolated locations or in special circumstances where supporting evidence demonstrates that security poses a special problem and all other appropriate security measures have been explored; or b) Where the shop front is of an open type such as a traditional greengrocers and where no alternative solution would be possible; or c) Where there is no acknowledged need to retain a visible display outside opening hours. Where temporary security measures are necessary, such as when a property is vacant, any boarding up should be decorated in a single colour to match the shop front or should be in the form of a public art commission. Blinds or awnings will be permitted where they are sensitively designed and located. They should relate to a shop window and cover the full width of the fascia but not obscure any architectural features. On a listed building or a historic building in a conservation area a traditional retractable canvas blind will be permitted where this would not adversely affect the building's proportions or harm a historic shop front or other important feature. Permission will not be granted for blinds above fascia level. This policy will apply to all town centre uses that have a ground floor commercial frontage with public access.

New Business Floorspace

Development proposals involving the provision of new E(g) (i), (ii) and (iii) Use Class business floorspace, either in stand-alone commercial or mixed-use schemes, should provide for well-designed buildings and layouts suitable for incorporating a range of unit sizes and types that are flexible, with good natural light, suitable for sub-division and configuration for new E(g) uses and activities; and for new E(g) (iii) light industrial, B2 industrial and B8 storage and warehousing premises include adequate floor to ceiling heights; floor loading, power, servicing and loading facilities. Redevelopment proposals on protected industrial estates will be supported where they provide an efficient use of the site/ premises to provide higher density and flexibly designed business premises for, E(g), B2 and/or B8 uses in accordance with City Plan Part 1 Policy CP3 Employment Land.

Opportunity site for business and warehouse uses

Land at Hangleton Bottom, Hangleton Link Road, North Portslade as shown on the Policies Map will be granted permission for the following uses only where these would not prevent or prejudice the delivery of a strategic scale waste management facility: • Business and warehouse premises (Use Classes E(g), and B8). Planning permission will be granted for proposals that accord with the Development Plan in particular Policy SP1 in the Waste and Minerals Sites Plan.

Land Adjacent to American Express Community Stadium, Village Way

Land Adjacent to the American Express Community Stadium, Village Way as shown on the Policies Map is allocated for: • E(g) (i) (offices), E(e) (health) F1 (a) (education) and/or other ancillary uses directly associated with the Stadium and/or Sussex and Brighton Universities. Planning permission will be granted for proposals that accord with the Development Plan and meet the following site specific requirements: a. Contribute towards the local priorities for the wider Development Area as set out in City Plan Part One Policy DA3 Lewes Road; b. Achieve a high quality of design which respects and enhances nearby heritage assets, the adjoining stadium development and downland character, providing visual connectivity to the South Downs National Park; c. Development should preserve and where possible enhance the setting of the South Downs National Park and nearby heritage assets; d. Sustainable transport infrastructure will be required to support proposals and to ensure that there is no adverse air quality impact; e. Contribute towards Biodiversity Plan objectives to provide net gains to biodiversity, green infrastructure and wider landscaping enhancements through creative landscape solutions; f. Development must ensure that groundwater sources are protected, to the satisfaction of the Environment Agency; g. The developer will enter into a training place agreement to secure training for local people.

Energy Efficiency and Renewables

In addition to the requirements set out in Policy CP8 Sustainable Buildings, the following standards of energy efficiency and energy performance will be required unless it can be demonstrated that doing so is not technically feasible and/or would make the scheme unviable: 1. Conversions and change of use of existing buildings to new residential dwellings to achieve at least 19% improvement on the carbon emission targets set by Part L (2013) until the Future Homes Standard or any interim uplift in Part L which exceeds 19% improvement come into effect; 2. Non-residential development (major and non-major) including conversions and changes of use to achieve at least 19% improvement on the carbon emission targets set by Part L (2013) until the Future Buildings Standards or any interim uplift in Part L which exceeds 19% improvement come into effect. 3. A minimum energy Performance Certificate EPC rating 'C' for conversions and changes of use of existing buildings to residential and non-residential use. 4. A minimum energy Performance Certificate EPC rating 'B' for new build residential and non-residential development. 5. Opportunities for new development to achieve greater reductions in CO2 emissions through the use of passive design, fabric standards, energy efficiency measures and low and zero carbon technologies will be encouraged in the following areas: a) Development Areas 1- 7 (City Plan Part 1); b) Housing Allocations in the urban fringe (Policy H2); c) Within industrial areas identified and safeguarded in City Plan Part 1 Policy CP3.3. Where it can be demonstrated that the minimum CO2 reduction targets cannot be met on-site, mitigation measures may be sought in accordance with City Plan Part 1 Policy CP7 Infrastructure and Developer Contributions. All major residential and non-residential development will be expected to submit an energy statement to provide details of the building fabric efficiency and low and zero carbon energy technologies used including the size/capacity of the systems and the estimated CO2 savings that will be achieved.

Community Energy

Developers of medium scale and major development schemes are encouraged to actively seek community energy partners to deliver low and zero carbon energy solutions which are 'led by'; or 'meet the needs' of local communities

Heating and cooling network infrastructure

The Council will encourage development proposals to consider the inclusion of integrated heat networks and/or communal heating systems in accordance with Policy CP8 in City Plan Part One. Where proposals come forward with combined heat and power (CHP) they must meet CHP Quality Assurance standards (CHPQA) and demonstrate that heating and cooling systems have been selected in accordance with the heating and cooling hierarchy, Policy DM40 and have had regard to the CIBSE Heat Network Code of Practice; All proposals that include heat networks must demonstrate they offer heat service customer protection by adopting a customer protection scheme (such as Heat Trust or equivalent); and All development incorporating heat network infrastructure which is proposed within or adjacent to a heat priority area will be expected to meet the minimum standards specified in the CIBSE Heat Network Code of Practice and demonstrate its suitability to a future connection to a wider heat network, including; a) control systems and temperatures of operation; b) routing of pipework and location of the energy centre; c) safeguarded access for external pipework into the energy centre; and d) space within the energy centre for a future heat substation.

Heat Networks and Communal Heating Systems

All major residential and mixed use development proposals should ensure that communal heating and/or cooling systems are incorporated into new development, unless this can be demonstrated to be technically or economically unfeasible. Where such systems are proposed, they should be designed using the heating and cooling hierarchy, Policy DM40 and have had regard to the CIBSE Heat Network Code of Practice. All proposals that include heat networks must demonstrate they offer heat service customer protection by adopting a customer protection scheme (such as Heat Trust or equivalent). All development incorporating heat network infrastructure which is proposed within or adjacent to a heat priority area will be expected to meet the minimum standards specified in the CIBSE Heat Network Code of Practice and demonstrate its suitability to a future connection to a wider heat network, including: a) control systems and temperatures of operation; b) routing of pipework and location of the energy centre; c) safeguarded access for external pipework into the energy centre; and d) space within the energy centre for a future heat substation.

Low Carbon and Zero Carbon Energy

Development will be encouraged to achieve greater reductions in CO2 emissions through the use of passive design, fabric standards, energy efficiency measures and low and zero carbon technologies.

Green Infrastructure

Proposals liable to affect green infrastructure and nature conservation features either directly or indirectly must be supported by an appropriate and detailed site investigation/assessment and accord with provisions set out in the mitigation hierarchy. Measures to avoid or prevent harmful effects will be required. Designated Sites Where proposals are liable to impact to designated sites, they must provide: a) evidence to demonstrate that the objectives of the designation and integrity of the area will not be undermined; b) funded management plans that secure the long term protection and enhancement of remaining features; and c) up-to-date information about the biodiversity/geodiversity which may be affected. Proposals must also satisfy the following criteria: A. Internationally protected sites All development must comply with the Conservation of Habitats and Species Regulations (as amended). Development likely to have significant effects on an international site (either individually or in combination with other plans or projects) and which would affect the integrity of the site will not be permitted unless the council is satisfied that: i) There is no alternative solution (which can be adequately demonstrated by the developer); and ii) There are imperative reasons of overriding public health or public safety for the development; and iii) Adequate compensatory provision is secured. B. Nationally protected sites Development proposals should avoid impacts on nationally protected sites. Development proposals likely to have an adverse effect on the site's notified special interest features will not be permitted, the only exception is if: i) the benefits of the development, at this site, clearly outweigh both the likely impact to notified features on the site and any broader impacts on the network of nationally protected sites; and ii) the impacts can be mitigated in accordance with the mitigation hierarchy; C. Locally protected sites Development proposals that will result in an adverse effect on any local site will not be permitted, unless: i) the site is allocated for development in the City Plan or there are exceptional circumstances that justify the development of the site and can be demonstrated to outweigh the adverse effects on the local designation; and ii) the impacts can be mitigated through on or off-site habitat creation; and iii) on site or off site as part of a local strategic ecological network additional measurable net gains in biodiversity/geodiversity can be achieved.

Landscape Design and Trees

Development proposals will be required to retain, improve and wherever possible provide, appropriate landscape elements/ landscaping, trees and planting as part of the development taking into account the need for: a) the inclusion of landscape design from the outset so that it informs the overall design of development and is fit for purpose having regard to: suitable microclimates, amenity, sense of place, natural capital and ecosystem services – including the provision of nature based solutions, SuDs, green roofs/walls, plants for pollinators, climate control and climate change adaptation measures; b) clear, legible landscape plans and material details; c) accurate identification of all existing trees, shrubs, hedgerows and landscape features; d) the retention of existing trees and hedgerows with details provided of appropriate protection during construction; e) Where removal of a tree is unavoidable, for example by reason of it being severely diseased or dangerous: (i) the provision of plans is required that clearly identify the location and species of all those to be lost and all those to be retained; and (ii) replacement trees along with appropriate associated planting space and works of a type, size and location to the satisfaction of the council for any tree felled; f) the planting and maintenance of street trees of appropriate species and intervals should be provided where appropriate by major development proposals with significant street frontage; g) effective use of existing landscape features or levelling to facilitate greater flexible and multi-functional use including, where practicable, informal/formal sports, children's play and food growing; h) high quality planting and landscape materials appropriate to the site and its proposed use including the planting of native and wildlife/pollinator-friendly non-native species, new trees, hedges and the use of permeable hard landscape materials wherever practicable; i) viable long-term maintenance and durable materials, including the submission of a funded maintenance plan to be approved by the council, so as to secure a high quality attractive environment; j) meeting the generated open space requirements (see City Plan Part One Policies CP16 Open Space and CP17 Sports Provision); and k) capitalising on opportunities to facilitate social integration, improve public health and safety, accessibility, connectivity, leading to net gains to biodiversity and enhancements to Green Infrastructure and/or create green links for wildlife and public access. Works to a protected tree will be permitted only where they do not damage the amenity value and health of the tree and/or are the minimum consistent with good arboricultural practice. The felling of a protected tree will only be permitted where it is severely diseased or dangerous, or, it is necessary to accommodate development of national importance which cannot be located elsewhere; and, a replacement tree is provided of a type, size and location to the satisfaction of the council. On major and public realm schemes a Green Infrastructure plan and details of structural landscaping, which contribute to the existing overall landscape quality of an area, will need to be agreed with the council prior to the determination of a planning application. It may be a requirement, in appropriate cases, that some landscaping is planted prior to development commencing.

Green Infrastructure and Nature Conservation

Green Infrastructure Development proposals will be required to demonstrate that they safeguard and/or contribute positively to the existing multifunctional network of Green Infrastructure that covers all forms of green and open spaces; the interrelationship between these spaces and; ensure that the natural capital of the area is retained, enhanced and complements UNESCO Biosphere objectives. Where practicable, green infrastructure should be integral to the design and layout of the scheme ensuring it is planned and managed to realise current and potential value to communities and to support the widest delivery of linked environmental, social and economic benefits. Nature Conservation Development should avoid adverse impacts and seek to conserve and enhance biodiversity and geodiversity features ensuring: • accordance with the mitigation hierarchy requirements of the NPPF • an additional measurable net gain in biodiversity is achieved; • that recognised protected and notable species and habitats are protected and supported; • ancient woodland and irreplaceable habitats are protected; • that appropriate and long-term management of new or existing habitats is secured and opportunities to connect habitats are secured to ensure a network of nature recovery; and • where relevant, the control and eradication of any invasive non-native species present on site. Developers will be expected to work with existing partnerships to support and enhance the following green infrastructure and nature conservation features: • the Nature Improvement Area • protected and notable species and habitats • ancient woodland • aged/veteran trees • protected trees • the City's National Elm Collection • marine and coastal biodiversity • geodiversity Proposals liable to affect green infrastructure and nature conservation features either directly or indirectly must be supported by an appropriate and detailed s

Local Green Spaces

The following green areas, as defined on the policies map, are designated and protected as Local Green Spaces: • Hollingbury Park • Three Cornered Copse • Ladies' Mile • Benfield Valley Development will not be permitted within a Local Green Space designated within the City Plan or an approved Neighbourhood Plan unless there are very special circumstances where the public benefits of the development proposed would outweigh the harm that would be caused by development within the Local Green Space. Enhancements consistent with Local Green Space designation will be supported and will be required where proposed development, judged to meet the very special circumstances test, may impact the Local Green Space.

Development on the Seafront

Proposals which generate a need for enhanced coastal defences will be required to meet all of the following criteria: a) have regard to the relevant Shoreline Management Plan and Coastal Strategy Study; b) be of a design and appearance that is in keeping with their surroundings; c) be maintained as part of the development and not be detrimental to coastal processes, existing and/or proposed coastal defences/coastal protection works and their maintenance; and d) where appropriate, include access and escape routes in the event of tidal flooding, where possible, on north side of buildings, providing windows and access ways that are capable of withstanding storm attack. Proposals should be designed to take account of the particular conditions experienced in the coastal zone, for example in layout, design, landscaping and materials proposed, and should be resilient to the effects of climate change and designed to avoid adverse impacts from and on the coastal and marine environment in accordance with Policy DM37 Green Infrastructure and Nature Conservation. Proposals should safeguard the importance of the seafront and beach as an open space and maintain and enhance public access to and along the coast and to sea-based activities (see City Plan Part One policies CP16 Open Space and CP17 Sports Provision). There will be a presumption against development extending onto the shingle beach. As an exception the council will support the provision of new small scale public amenities of an appropriate design (such as toilets and facilities for coastal sport uses such as showers, changing rooms and lifeguard facilities) or improvements to existing areas of hardstanding or access to the beach, shoreline and sea-based activities. All developments providing sea-based activities or with a potential impact upon the marine environment should be in accordance with the South Marine Plans. Development that would be likely to have an adverse impact on designated sites including the Beachy Head West Marine Conservation Zone will need to accord with DM37 Green Infrastructure and Nature Conservation. Development likely to have an effect on the Marine Conservation Zone will be required to assess the impact by means of a Marine Conservation Zone Assessment.

Protection of the Environment and Health – Pollution and Nuisance

Planning permission will be granted for development proposals that can demonstrate they will not give rise nor be subject to material nuisance and/or pollution that would cause unacceptable harm to health, safety, quality of life, amenity, biodiversity and/or the environment (including air, land, water and built form). Proposals should seek to alleviate existing problems through their design. Proposals liable to cause or be affected by pollution and/or nuisance will be required to meet all the following criteria: a) be supported by appropriate detailed evidence that demonstrates: i. the site is suitable for the proposed use and will not compromise the current or future operation of existing uses; ii. pollution and/or nuisance will be minimised; iii. appropriate measures can and will be incorporated to attenuate/mitigate existing and/or potential problems in accordance with national policy and having regard to national and local guidance; and iv. appropriate regard has been given to the cumulative impact of all relevant committed developments as well as that of the proposal and/or effect of an existing pollution/nuisance source. b) support the implementation of local Air Quality Action Plans and help support the local authority meet the Government's air quality and other sustainability targets; c) provide, when appropriate, an Air Quality Impact Assessment to consider both the exposure of future and existing occupants to air pollution, and, the effect of the development on air quality. Air quality improvements and/or mitigation must be included wherever possible; d) have a positive impact, where practicable, on air quality when located within or close to an Air Quality Management Area and not worsen the problem; e) assess the impacts of emissions from transport, flues, fixed plant, and heat and power systems. New biomass combustion and CHP plants associated with major developments will not be acceptable in or near an Air Quality Management Area and sensitive receptors such as the Royal Sussex County Hospital due to the need to comply with nitrogen dioxide limits; and f) ensure lighting is well designed; low impact; efficient; the minimum necessary with an appropriate balance between intensity, fittings, height and structures; and, not cause unacceptable detriment to health and amenity, public and highway safety, biodiversity, in particular priority habitat and species, the night sky and the South Downs National Park International Dark Sky Reserve. When a proposal, including the remediation measures, invokes the need for an Environmental Impact Assessment the findings of the assessment must be appropriately taken into account.

Polluted sites, hazardous substances & land stability

Planning permission will be granted for developments that can demonstrate they do not prejudice health, safety, natural capital and the quality of the city's environment. Proposals must be supported by a desktop survey and where appropriate a site investigation and must demonstrate that all of the following requirements are met: a) the development is appropriate for the location taking account of ground conditions, land instability and vulnerability of future and surrounding occupants; b) appropriate measures have been taken, or are provided for, to address hazardous substances, installations and notifiable pipelines; c) the development provides for the suitable re-use of polluted land and buildings and delivers appropriate remediation to safeguard and protect the end users of the site and prevent leaching; and d) provision is made for appropriate measures necessary to protect the environment, future users and surrounding occupants.

Protecting the Water Environment

In consultation with the council and relevant statutory bodies, planning applicants should consider the potential impacts on water quality and quantity resulting from the design, construction and operation of proposed development. Where necessary, development proposals should include measures to reduce any risk to the water environment and its ecology; and aim to protect and improve water quality (of surface water, groundwater and the sea). Development proposals will not be permitted if they have an unacceptable impact on the quality and potential yield of local water resources used for public water supplies. Planning permission may be refused if relevant site investigations and risk assessments have not been undertaken and if necessary mitigation measures are not provided. Applicants will be required to demonstrate that capacity exists on and off-site in the sewerage network to serve the development or that occupation of the development will be phased to align with the delivery of sewerage infrastructure, in liaison with the service provider, to avoid sewer flooding.

Sustainable Drainage

The design and layout of all new buildings, and the development of car parking and hard standing, will be required to incorporate appropriate Sustainable Drainage Systems (SuDS) capable of ensuring that there is a reduction in the level of surface water leaving the site unless it can be demonstrated not to be reasonably practicable. Subterranean development, for example, storage tanks, basements or subterranean car parks, will not be permitted in areas where there has been a history of groundwater emergence (or other sources of flooding). SuDS should be sensitively located and designed from the outset, having regard to recognised best practice, the Urban Design Framework SPD and the Sustainable Drainage SPD to ensure that the quality of local water is not adversely affected; and should provide where possible improved biodiversity, an enhanced landscape/townscape and good quality spaces that improve public amenities in the area. Details of the proposed SuDS should be submitted as part of any planning application including provision for arrangements for the whole life management and maintenance of the provided SuDS.

Green Infrastructure and Nature Conservation

Development proposals must demonstrate that any adverse effects would not undermine the objectives of the designation.

Benfield Valley

Land at Benfield Valley as shown on the Policies Map will be protected and enhanced as an important green wedge into the urban area, a valued Local Wildlife Site and Local Green Space. The council will promote and support the careful use and management of land and buildings at Benfield Valley to achieve the following objectives: • The continued protection and enhancement of the wider biodiversity and landscape role and character of Benfield Valley as an important green wedge connecting the urban area to the South Downs National Park; • Securing biodiversity conservation and enhancements; including wildlife connectivity and buffer zones, as well as the ongoing and positive management of wildlife habitats and securing a long term funded management and maintenance plan to be agreed with the council; • The creation of 'gateway' facilities and interpretation facilities in connection with the South Downs National Park; • The protection and enhancement of the open spaces at Benfield Valley to include a long term funded management and maintenance plan to be agreed with the council; • Improved public access through the site and to the wider natural environment through the provision and improvement of safe pedestrian and cyclist access including the north/south linear footpath/cycleway on the eastern side of Benfield Valley and existing rights of ways; • The sympathetic repair and re-use of Benfield Barn and its associated structures and walls in a way that is compatible with and integrates with the landscape character of Benfield Valley, the wider natural environment and the Benfield Barn Conservation Area. Residential development in accordance with the identified development areas shown to the north and south of Hangleton Lane will be permitted provided that such development addresses the key considerations set out in Policy H2 Urban Fringe Housing Sites. Inclusion of housing for older people will be encouraged (see also Policy DM4). Development proposals will be required to preserve the settings of the Benfield Barn and Hangleton Conservation Areas and contribute towards the achievement of the key objectives as listed above (see also Policy H2) and as set out in City Plan Part One Policy SA4 Urban Fringe. Appropriate uses of the Benfield Barn and outbuildings within the conservation area will be non-intensive community and/or recreational facilities appropriate to the area. Proposals for the use of the buildings should include provision for a respective long term funded management and maintenance plan, to be agreed with the council. Development proposals will also be subject to the criteria set out in City Plan Part One Policy SA4.

Conservation Areas

Development proposals within conservation areas, including alterations, change of use, demolition and new buildings, will be permitted where they preserve or enhance the distinctive character and appearance of that conservation area, taking full account of the appraisal set out in the relevant character statement. Particular regard will be had to: a) The urban grain and/or historic development pattern of the area, including plot sizes, topography, open space and landscape. b) The typical building forms and building lines of the area, including scale, rhythm and proportion. c) The cohesiveness or diversity of an area. d) The retention of buildings, structures and architectural features that contribute positively to the identified character and appearance of the area. e) The preservation or enhancement of key views. f) The primary importance of street elevations (or other publicly visible elevations) and the roofscape. g) The importance of hard boundary treatments and the distinction between public and private realm. h) The retention of trees and gardens where these are integral to the significance of the area. i) The use of building materials and finishes that respect the area. j) The retention of historic street furniture. Where either substantial harm or less than substantial harm is identified, the council will expect the applicant to fully meet the requirements set out in the NPPF, having regard to the significance of the conservation area/s affected. The council will give particular consideration to the retention of a mix of uses in areas where such a mix contributes positively to the character and appearance of the area, including any cumulative impacts. New development within a conservation area should be of the highest design quality and should take the opportunity to enhance the special interest of the area wherever possible, having regard to any adopted management plan.

Listed Buildings

A listed building should be retained in viable use and good repair. Proposals involving the alteration, extension, or change of use of a listed building will be permitted where they would not harm the special architectural or historic interest of the building, having particular regard to: a) The exterior of the building, its design, construction, fabric, finishes and architectural features. b) The interior of the building, its plan form, internal hierarchy, construction, fabric, finishes, features and fixtures. c) Any curtilage structures or hard surfaces. d) Any boundary wall, railings, gates or fences etc. e) Any group value the building possesses. f) The significance of any past additions to the building or later phases of its development. g) Any historical associations that the building has. h) The design quality of any proposed additions. i) The use of materials which are appropriate historically, functionally and aesthetically. j) The impact of any excavation works on the building's structural integrity and archaeological interest. k) The potential reversibility of any alterations. Where either substantial harm or less than substantial harm is identified, the council will expect the applicant to fully meet the requirements set out in the NPPF, having regard to the significance of the listed building/s affected. Where vacancy is an on-going concern, consent will be granted for a new viable use that is consistent with the conservation of the building's special interest, provided that this would not unacceptably conflict with other policies or material considerations. In applying other policies the council will have special regard to the benefits of bringing the listed building back into use.

Locally Listed Heritage Assets

The council will strongly encourage the retention of locally listed heritage assets and their continued use. Applications for demolition or substantial alteration (including any loss of key components) should demonstrate that the potential for retention and reuse of the asset has been explored, in order to enable an informed and balanced judgement to be made. Alterations and extensions to a locally listed heritage asset, or new development within its curtilage, should be of a high standard of design that respects the special interest of the asset as set out in the Local List entry (or as otherwise identified within a submitted Statement of Heritage Significance). Other potential non-designated heritage assets may on occasion be identified as part of the pre-application process, particularly where they occupy sites or locations that are not readily visible from a public viewpoint. Where they possess a sufficient degree of significance they will be subject to this policy. In all such cases that significance will be assessed against the selection criteria set out in The Local List of Heritage Assets (PAN07).

The Setting of Heritage Assets

Development within the setting of a heritage asset will be permitted where its impact would not harm the contribution that setting makes to the asset's significance, by virtue of the development's siting, footprint, density, scale, massing, design, materials, landscaping or use. In assessing the contribution that setting makes to significance, and the impact of a development on that setting, the council will have particular regard to the following considerations: a) The physical surroundings of the asset, including topography and townscape; b) The asset's relationship with the Downland landscape, the sea or seafront and with other heritage assets; c) The asset's historic or cultural associations with its surroundings, including patterns of development and use; d) The importance of any sense of enclosure, seclusion, remoteness or tranquillity; e) The way in which views from, towards, through and across the asset allow its significance to be appreciated; f) Whether the asset is visually dominant and any role it plays as a focal point or landmark; and g) Whether the setting was designed or has informally occurred over time, including the degree of change to the setting that has taken place. Where either substantial harm or less than substantial harm is identified the council will expect the applicant to fully meet the requirements set out in the NPPF, having regard to the significance of the heritage asset/s affected. Opportunities should be taken to enhance the setting of a heritage asset through new development. Where a major development impacts on the settings of multiple heritage assets, the scale of impact should be assessed against the importance of the heritage asset and the degree to which setting contributes to its significance.

Registered Parks and Gardens

Permission will be granted for development proposals that would preserve or enhance the historic layout, character, designed features and principal components of a registered park and garden of special historic interest. In assessing the impact of such proposals on the significance of the park or garden, the council will have particular regard to the impact of development on any notable view of, within or across the park or garden. Where either substantial harm or less than substantial harm is identified the council will expect the applicant to fully meet the requirements set out in the NPPF, having regard to the significance of the park/s and garden/s affected. Where permission is required, temporary uses or events (including associated structures) may exceptionally be permitted where any harm caused would be strictly temporary, clearly minor and easily reversible, having regard to the significance of the site within the park and garden, the scale of impact, timing and any public benefits arising from the use or event. The council will expect any applicant to demonstrate that alternative, non-registered sites have been considered and assessed. The production of management plans for registered parks and gardens and the implementation of identified enhancement works will be positively encouraged.

Archaeological Interest

Development proposals affecting heritage assets with archaeological interest will be permitted where it can be demonstrated that development will not be harmful to the archaeological interest of the heritage assets or their settings, having regard to their significance. This will include: direct impacts on designated sites (e.g. developments requiring Scheduled Monument Consent); indirect impacts on the settings of designated sites; and impacts on sites that have the potential to include heritage assets with archaeological interest, (having consulted the Historic Environment Record). In all such cases the applicant will be expected to consult with the Historic Environment Record (HER) in order to provide for one of three outcomes: i) No significant impact considered likely and no further consultation with the HER considered necessary; ii) A Historic Environment Consultation Report iii) A desk-based assessment. The results of any report or assessment should be included within a Heritage Statement, which must accompany the planning application. Where the council has reason to believe, either from the archaeological assessment or from other evidence sources, that significant archaeological remains may exist, a suitable field evaluation and/or survey (e.g. for standing buildings and structures) will be required pre-determination. In some cases permission may be granted subject to a requirement that no development shall take place until the developer has secured the implementation of a programme of archaeological work (including field work, post excavation analysis, reporting and archiving), in accordance with a Written Scheme of Investigation approved by the council. Preservation in situ of archaeological sites or remains is the preferred option. Wherever practical, opportunities should be taken for the enhancement and interpretation of remains left in situ. Where the assessment shows that preservation in situ is not justified, developers will be required to: a) Record any heritage assets to be lost (wholly or in part) in a manner proportionate to their significance and to make this record publicly accessible; and b) Make provision for the conservation and storage of artefacts.

The Royal Pavilion Estate

1. Proposals that seek to re-establish the Royal Pavilion estate as a single historic estate will be encouraged and supported. Such proposals should be informed by the adopted Conservation Plan. It is expected that a successful scheme should achieve the following: a) Provide a more legible and coherent perimeter treatment; b) Enhance entrances and create a sense of arrival; c) Improve security within the estate and design out anti-social behaviour; d) Enhance the quality and infrastructure of the gardens and enable the better management of activities within them; e) Provide better management of vehicular traffic into and within the estate; f) Ensure more effective and attractive pedestrian circulation through the estate; g) Provide a clutter-free environment with better signage and appropriate interpretation; h) Enhance key views into and across the estate; and i) Encourage conservation of heritage planting and seek net biodiversity gains within the gardens. 2. With regard to the Royal Pavilion itself proposals will be supported where they seek to contribute to at least one of the following objectives: a) Improve the visitor welcome; b) Increase accessibility; c) Restore additional areas of the building and open them up for public access; and/or d) Improve catering facilities for functions and events. 3. Proposals for temporary uses or events within the gardens will be assessed against the policy on Registered Parks and Gardens with particular regard to all of the following: a) The role of the gardens as a setting for the listed buildings; b) The protection of key views; c) Potential impacts on historic fabric and any protective measures; d) Potential impacts on planting and biodiversity; and e) The importance of the formal and quieter character of the east lawn.

Madeira Terrace and Madeira Drive

The refurbishment, restoration and revitalisation of Madeira Terrace is a key priority for the council. Madeira Terrace, as shown on the Policies Map is allocated for a vibrant and balanced mix of uses potentially including: • Retail uses (Use Classes E (a), E(b)), public house, wine bar, or drinking establishment (Sui Generis) and hot food takeaway for the sale of hot food where consumption of that food is mostly undertaken off the premises (Sui Generis); • Commercial space (Use Class E(g)); • Small scale/ boutique visitor accommodation (Use Class C1); • Galleries/museum(s) (Use Classes F1(b) and F1(c); and/or • Leisure uses (Use Classes E(d) and F2) appropriate to the character of the seafront. Planning permission will be granted for proposals that accord with the Development Plan and respect the significance of the Grade II* Madeira Terrace and other associated designated and undesignated heritage assets, prioritising their repair and restoration and meet the following site specific requirements: a) Seek the wider restoration and repair of the remainder of the Terraces and access points; b) Seek infrastructure improvements (including internet) along Madeira Drive. c) Provide improved sustainable transport, cycling infrastructure and pedestrian facilities to address severance along the seafront and to improve access to and along Madeira Drive for visitors and residents linking access improvements to the Black Rock site and the Marina; d) Provide improved access to and along the beach for visitors of limited mobility; e) Support and contribute towards a coordinated approach to public realm and event space improvements including the potential for shared spaces; improved lighting, signage and wayfinding; f) Allow small scale hardstanding areas on the 'back of the' beach parallel to Madeira Drive to provide basic visitor amenities such as toilets, shelter, kiosks and lifeguard facilities (see Policy DM39 Development on the Seafront policy); g) Conserve and enhance biodiversity in the area, in particular the vegetated seafront wall (Madeira Drive Green Wall Local Wildlife Site), and through landscaping provide opportunities for biodiversity net gains, shelter and shade; h) Encourage a variety of temporary/ pop up uses consistent with the area's role as a centre for cultural, sports and family based activities.

Housing Quality, Choice and Mix

The council will seek the delivery of a wide choice of high quality homes which will contribute to the creation of mixed, balanced, inclusive and sustainable communities. Proposals for new residential development will be required to: a) incorporate a range of dwelling types, tenures and sizes that reflect and respond to the city's identified housing needs (see also City Plan Part One policies SA6, CP14, CP19, CP203); and, b) make provision for a range and mix of housing /accommodation formats subject to the character, location and context of the site for example, self and custom build housing, build for rent, community led housing, starter homes and other types of provision supported by national and local policy. In addition, planning applications for new residential development (including residential extensions and residential accommodation falling outside Use Class C3) will be expected to comply with the following requirements: c) all residential units should meet the nationally described space standards; d) all residential units should as a minimum be accessible and adaptable in accordance with Building Regulation M4(2); e) for proposals providing 10 or more dwellings, 10% of the affordable residential units and 5% of all the residential units should be suitable for occupation by a wheelchair user in accordance with Building Regulation M4(3). Where the Council is responsible for allocating or nominating the occupier, these homes should be 'wheelchair accessible' at the point of completion, whilst in other cases they may be 'wheelchair adaptable'. Where this is not practicable on-site an equivalent financial contribution should be provided; and f) all new residential development will be required to provide useable private outdoor amenity space appropriate to the scale and character of the development. Exceptions to criteria c) – e) will only be permitted where the applicant has provided a robust justification and the council is satisfied that particular circumstances apply.

Retaining Housing and residential accommodation (C3)

The council will seek to resist any net loss of existing residential accommodation (Use Class C3) in the city. Planning applications that result in the loss of residential accommodation will not be permitted unless one or more of the following exceptions apply: a) it can be demonstrated that the accommodation cannot be rehabilitated or redeveloped to achieve satisfactory housing standards required by other policies in the City Plan; b) the proposal would result in a net gain in units of affordable housing; c) the loss would enable sub-standard residential units to be enlarged to meet residential space standards (in accordance with Policy DM1 Housing Quality, Choice and Mix); d) the proposed change of use will provide a local community service/ facility that meets an identified need; e) it can be demonstrated that a proposed change of use is the only practicable way of preserving the special architectural or historic interest of a listed building or other building of heritage significance; or f) where the previous use of the building would be a material consideration. Proposals for the de-conversion / amalgamation of C3 residential units involving a net loss will be considered on their merits and with regard to assessments of local housing need/demand.

Residential conversions and the retention of smaller dwellings

Planning permission for the conversion of dwellings into smaller units of self-contained accommodation will be granted where all the following criteria are met; a) The original floor area is greater than 120sqm or the dwelling has 4 or more bedrooms as originally built; b) At least one unit of the accommodation provided is suitable for family occupation and has a minimum of two bedrooms; and c) The proposal provides a high standard of accommodation that complies with requirements set out in Policy DM1 Housing Quality, Choice and Mix. The requirement within criterion b) for a unit of family accommodation will not apply where it is demonstrated that; i) A different mix of units is essential to preserve the character of a listed building; or ii) A different mix of units is necessary to meet the needs of existing occupants who will remain on completion of the conversion; or iii) The proposal is specifically for people with special housing needs.

Housing and Accommodation for Older Persons

The council will seek to ensure there is a sufficient supply and range of housing and accommodation suitable for older people. 1. Planning permission will be granted for older persons housing and accommodation where the development meets all of the following criteria: a) the proposal demonstrates that it will contribute towards meeting an identified need within the city and is targeted towards the needs of local residents; b) is accessible to public transport, shops, services, community facilities, and social networks appropriate to the needs of the intended occupiers; c) will be suitable for the intended occupiers in terms of the standard of facilities, the level of independence and the provision of support and/or care; d) provides appropriate facilities for carers and visitors; e) provides internal and external communal space as appropriate, including space that gives residents the ability to grow plants and food; f) complies with the requirements set out in Policy DM1 Housing Quality, Choice and Mix as relevant to the accommodation provided; and having regard to good practice design principles; and g) contributes to creating a mixed, inclusive and sustainable community. In accordance with City Plan Part One Policy CP20 Affordable Housing, the council will seek an element of affordable housing provision for older persons as part of appropriate market-led developments for older people. 2. Proposals that will result in the loss of residential accommodation for older people will only be permitted where it is demonstrated that at least one of the following criteria apply: a) the existing provision is surplus to identified needs within the city; b) the existing provision is incapable of meeting contemporary standards for the support and/or care required and appropriate alternative provision is available and has been secured for the occupants; or c) the loss is necessary to enable the provision of accommodation for older people which is better able to foster independent living and meet changes in the support and care needs of the occupants. Where the council is satisfied that development involving the loss of accommodation for older persons is justified, the priority will be for an alternative form of supported housing or general housing (Use Class C3) including an appropriate amount of affordable housing.

Supported Accommodation (Specialist and Vulnerable Needs)

The council will seek to ensure there is an appropriate range and supply of residential accommodation for people with special needs, including supported housing not covered by Policy DM4 Housing and Accommodation for Older Persons. 1. Planning permission will be granted for supported accommodation for people with specialist and vulnerable needs where the development meets all of the following criteria: a) contributes towards meeting a demonstrable need within the city and is targeted to meeting the needs of local residents; b) is accessible, appropriately located and suitable to meet the needs of the intended occupiers in terms of the standard of facilities, the level of independence, and the provision of support and/or care, including appropriate facilities for carers and visitors; c) complies with the standards set out in Policy DM1 Housing Quality, Choice and Mix except where reduced standards are agreed with the council, or comply with Care Quality Commission regulations and standards as relevant to the accommodation provided; and d) contributes to creating a mixed, inclusive and sustainable community. 2. Proposals that will result in the loss of residential accommodation for people with special needs will only be permitted where it is demonstrated that at least one of the following criteria apply: a) the existing provision is surplus to needs within the city; b) the existing provision is incapable of meeting contemporary standards for the support and/or care required and appropriate alternative provision is available and has been secured for the occupants; or c) the loss is necessary to enable the provision of residential accommodation which is better able to meet the support and care needs of the occupants.

Build To Rent Housing

1. Proposals for the development of Build to Rent housing will be required to meet all of the following criteria: a) the development will improve housing choice and make a positive contribution to the achievement of mixed and sustainable communities in accordance with City Plan Part One Policy CP19 Housing Mix; b) all of the dwellings are self-contained and let separately; c) the homes are held as build to rent under a covenant for at least 15 years; d) the build to rent housing is under unified ownership and will be subject to common management; e) the development will provide professional and on-site management; f) the development will offer tenancies of at least 3 years available to all tenants with defined in-tenancy rent reviews; and g) the development provides a high standard of accommodation that complies with the requirements in Policy DM1 Housing Quality, Choice and Mix; 2. Build to rent developments will be expected to contribute towards meeting the city's identified need for affordable housing. The council will negotiate to achieve the following requirements: a) provision of up to 20% affordable housing at genuinely affordable rents to be agreed with the council, taking account of the overall viability of the proposed development and subject to consideration of criteria i. to v. in Policy CP20; b) eligibility criteria for the occupants of the affordable homes to be agreed with the council and included in the S106 agreement; c) the size mix of affordable housing units to be agreed with the council in accordance with Policy CP20; and d) the affordable homes to be secured in perpetuity - the council will seek inclusion within the S106 agreement of a 'clawback' arrangement in the event of affordable units being sold or taken out of the build to rent sector.

Houses in Multiple Occupation (HMOs)

1. Planning permission will be granted for the conversion of sui generis Houses in Multiple Occupation to self-contained family homes (use class C3). 2. Applications for new build HMOs, and applications for the change of use to a C4 use, a mixed C3/C4 use or to a sui generis HMO use, will be permitted where the proposal complies with City Plan Part One Policy CP21 and all of the following criteria are met: a) fewer than 20% of dwellings in the wider neighbourhood area are already in use as HMOs; b) the proposal does not result in a non-HMO dwelling being sandwiched between two existing HMOs in a continuous frontage; c) the proposal does not lead to a continuous frontage of three or more HMOs; d) the internal and private outdoor space standards provided comply with Policy DM1 Housing Quality, Choice and Mix; e) communal living space and cooking and bathroom facilities are provided appropriate in size to the expected number of occupants.

Purpose Built Student Accommodation

Planning permission will be granted for new purpose built student accommodation (PBSA) developments, subject to the criteria set out in City Plan Part One Policy CP21, which provide all of the following: a) predominantly cluster units; b) bedrooms of a sufficient size for living and studying; c) communal living space, cooking and bathroom facilities commensurate in size to the number of occupants of cluster flats; d) communal hub space commensurate in size to the number of studio units; e) acceptable daylighting to all habitable rooms; f) measures to promote the use of and provide access to sustainable transport including management arrangements to ensure occupants do not keep cars in Brighton & Hove; and g) effective and appropriate 24 hour security presence.

Housing Sites and Mixed Use Sites

The sites listed in Tables 6 and 7 below (as shown on the Policies Map) are allocated for housing (Use Class C3) or mixed-use development including housing and other specified uses. Planning permission will be granted for proposals that accord with the Development Plan and which provide the indicative amounts of development shown in the tables. The following additional criteria apply to certain sites where indicated: • For sites marked with an omega (Ω), occupation of the development will be phased to align with the delivery of sewerage network reinforcement, in consultation with the service provider; • For sites marked with a hash (#), the layout should be planned to ensure future access to existing water and/or wastewater infrastructure for maintenance and upsizing purposes.

Housing Sites – Urban Fringe

The developable areas of the sites listed in Table 7 below (as identified on the Policies Map) are allocated for housing development (Use Class C3). Planning permission will be granted for proposals that accord with the Development Plan (having particular regard to Policies SA4 and SA5) and which address all of the site considerations and indicative development requirements set out in Table 7 together with all of the following criteria: a) Provision is made for 3+ bedroom family-sized dwellings in accordance with the indicative percentages set out in Table 7; b) Opportunities to secure additional and /or improved publicly accessible open space provision are incorporated within the proposed scheme; c) Green infrastructure and local food growing opportunities are incorporated within the proposed scheme; d) Development will mitigate any adverse impacts on designated sites and provide biodiversity net gains in accordance with Policies CP10 and DM37; e) Provision is made for sustainable transport infrastructure improvements that provide and promote sustainable transport and improved safe pedestrian and cyclist access to and through the site to support the development; f) Improved linkages and access to the South Downs National Park and surrounding areas are secured where feasible; g) Appropriate regard is given to the need for local community facilities; and h) Given the council's ambition to become a carbon neutral city by 2030, development will be encouraged to achieve greater reductions in CO2 emissions through the use of passive design, fabric standards, energy efficiency measures and low and zero carbon technologies, in accordance with Policy DM44. i) Provision is made for a proportion of serviced plots for self and/ custom build dwellings unless it can be demonstrated that this would make the scheme unviable. The following additional criteria apply to certain sites where indicated: • For sites marked with an omega (Ω), occupation of the development should be phased to align with the delivery of sewerage network reinforcement, in consultation with the service provider; • For sites marked with a hash (#), the layout should be planned to ensure future access to existing water and/or wastewater infrastructure for maintenance and upsizing purposes.

Purpose Built Student Accommodation

The sites listed in Table 8 below (and as shown on the Policies Map) are allocated for Purpose Built Student Accommodation. Planning permission will be granted for proposals that accord with the Development Plan and which provide the indicative amounts of development shown in the table.

Housing Quality, Choice and Mix

a) Improved safe pedestrian and cyclist access to and through the site to support the development; b) Improved linkages and access to the South Downs National Park and surrounding areas are secured where feasible; c) Appropriate regard is given to the need for local community facilities; and d) Given the council's ambition to become a carbon neutral city by 2030, development will be encouraged to achieve greater reductions in CO2 emissions through the use of passive design, fabric standards, energy efficiency measures and low and zero carbon technologies, in accordance with Policy DM44. e) Provision is made for a proportion of serviced plots for self and/or custom build dwellings unless it can be demonstrated that this would make the scheme unviable.

Brighton General Hospital Site, Elm Grove, Freshfield Road

The Brighton General Hospital site as shown on the Policies Map is allocated for comprehensive mixed use development to include: • 10,000 – 12,000 sq m health and care facility (E(e)); • a minimum of 200 residential units (Use class C3); and • community facilities. Planning permission will be granted for proposals that accord with the Development Plan and meet the following site specific requirements: a) Achieve a high quality of design which preserves and where possible enhances the setting of the Grade II Listed Building and the most significant non-designated heritage assets and where possible enhances the setting of the listed building. A comprehensive Heritage Impact Assessment will be required; b) Create active frontages along Freshfield Road and Pankhurst Road through selective openings on the flint wall that do not undermine the heritage character and appearance of the wall; c) Maintain and improve upon publicly accessible amenity greenspace through an integrated landscape, open space and public realm network to include the provision of children's playspace and/or a multiuse sports facility; d) Deliver sustainable transport infrastructure improvements that provide and promote public and sustainable transport and improved safe pedestrian and cyclist access to and through the site to support the mixed use development; e) The developer will enter into a training place agreement to secure training for local people; f) Occupation of development should be phased to align with the delivery of sewerage network reinforcement, in consultation with the service provider; g) The layout of new development should be planned to ensure future access to existing sewerage network infrastructure for maintenance and upsizing purposes is maintained; and h) The development should contribute towards Biodiversity Action Plan objectives and provide biodiversity net gains, green infrastructure and wider landscaping enhancements through creative landscaping solutions and make provision on-site to safeguard the swift colony.

Combined Engineering Depot, New England Road

Planning permission will be granted for proposals that accord with the Development Plan and meet the following site specific requirements: a) Contribute towards the local priorities for the wider Development Area as set out in City Plan Part One Policy DA4; b) Achieve a high quality of design and amenity which responds to the close proximity of the railway lines; c) Sustainable transport infrastructure improvements that provide and promote public and sustainable transport and improved safe pedestrian and cyclist access to the site to support the mixed use development; d) Improvements to the pedestrian environment along New England Road including the introduction of an active and engaging streetscape and improved lighting; e) Take into account impact on local air quality and seek improvements and/ or mitigation wherever possible; f) Enhance and strengthen green infrastructure and secure enhancements to biodiversity to provide biodiversity net gains in the area; g) Building heights and massing should respect strategic city wide views and enhance the setting of nearby heritage assets; h) The developer will enter into a training place agreement to secure training for local people; and i) Occupation of development will be phased to align with the delivery of sewerage network reinforcement, in consultation with the service provider.

Land at Lyon Close, Hove

Planning permission will be granted for proposals that accord with the Development Plan and meet the following site specific requirements: a. Proposals relating to individual buildings and/or sites forming part of the allocation will be required to demonstrate they will not prejudice delivery of the quantum of development and uses identified in this policy. b. All proposals, including changes in existing business uses (Use Classes E(g), B2 and B8), will be expected to contribute to the provision of a range of office and flexible workspaces including medium floor plate offices and start up business floorspace suitable for small business; c. Development should be of a high quality of design and amenity which responds to the close proximity of the railway lines; incorporate active uses at lower floor levels providing an active and engaging streetscape to Davigdor Road, Lyon Close and the upper part of Holland Road; d. Development should contribute to a coherent townscape; improved public realm and provide shared amenity space; biodiversity net gains, green infrastructure and wider landscaping enhancements through creative landscaping solutions; e. Provision should be made for sustainable transport infrastructure improvements that provide and promote public transport and improved pedestrian and cyclist access to and through the site to support the mixed use development; f. Development should provide for a mix of dwelling type, tenure and size to cater for a range of housing requirements and to improve housing choice (see Policy CP19); g. The developer will enter into a training place agreement to secure training for local people; h. Occupation of development will be phased to align with the delivery of sewerage network reinforcement, in consultation with the service provider; and i. Layout is planned to ensure future access to existing infrastructure for maintenance and upsizing purposes.

Sackville Trading Estate and Coal Yard

Land at Sackville Trading Estate and Coal Yard as shown on the Policies Map is allocated for a comprehensive mixed use development to include: • A minimum of 500 residential units (Use Class C3); • A minimum of 6000m2 E(g) employment floorspace; • Ancillary retail and food and drink outlets; • High quality public realm including a public square; • Children's playspace and/or an informal multi use sports area; and • Community facilities based on local need. Planning permission will be granted for proposals that accord with Development Plan policies and meet the following site specific requirements: a) Contribute towards the local priorities for the wider Development Area as set out in City Plan Part One Policy DA6 and meet the policy requirements of a future Hove Station Neighbourhood Plan once adopted; b) Achieve a high quality of design and amenity which responds to the close proximity of the railway lines; c) Improve permeability into the site by providing accessible pedestrian linkages to Sackville Road, and from the eastern end of the existing Coal Yard to Hove Station or Fonthill Road or other location south of the railway line; d) Be designed to facilitate the creation of additional connections to Newtown Road should future redevelopment occur on adjacent sites; e) Make provision for sustainable transport infrastructure improvements that provide and promote public and sustainable transport in particular safe and improved pedestrian and cyclist access to and through the site to support the mixed use development; f) Take account of impacts on local air quality and seek improvements and/or mitigation wherever possible; g) The developer will enter into a training place agreement to secure training for local people; h) Enhance and strengthen green infrastructure and secure enhancements to biodiversity to provide biodiversity net gains in the area; i) Occupation of development will be phased to align with the delivery of sewerage network reinforcement, in consultation with the service provider; and j) Layout is planned to ensure future access to existing infrastructure for maintenance and upsizing purposes. k) Development must ensure that groundwater sources are protected to the satisfaction of the Environment Agency.

Communications Infrastructure

Planning applications for communications infrastructure and associated ancillary development will be permitted where all of the following criteria have been met: a) There will be no unacceptable impact on the character or appearance of the building on which, or space within which, the equipment is located, including contributing to an over accumulation of street clutter, (see also Policy DM18 High Quality Design and Places); b) The significance of heritage assets and their settings are conserved or enhanced, in accordance with City Plan Part One Policy CP15 Heritage; c) The proposal is appropriately designed, minimising size and scale, and camouflaging appearance wherever possible; d) There is no unacceptable impact on important wildlife sites, areas of landscape importance and their setting including the setting of the South Downs National Park; e) All options have been thoroughly assessed for sharing of existing equipment and/or erecting masts on existing tall buildings or other structures; f) All masts and additions to existing masts are self-certified to meet International Commission on Non-Ionizing Radiation Protection (ICNIRP) standards; g) It has been demonstrated that the communications infrastructure will not cause significant and irremediable interference with respect to other electrical equipment, air traffic services or instrumentation operated in the national interest. Criteria a) to d) apply to satellite antenna (dish or aerial). New development or major renovation works to existing buildings should provide sufficient ducting space for future digital full fibre connectivity infrastructure as part of the development. Where feasible older communication equipment that is no longer required should be removed in order to minimise visual impact.

Commercial and Leisure Uses in Shopping Centres

1. Proposals for new uses within the designated shopping centre frontages (Primary and Secondary Frontages) identified on the Policies Map will be permitted provided that the proposal meets the following criteria: a) The use will maintain and enhance the vitality, viability and the character of the centre and its surrounding centres, as well as district and local centres, and are accessible by public transport, walking and cycling. For shopping centres outside the Regional Centre, where convenience shopping provision is a primary function the use should maintain local convenience shopping provision; b) The proposal will retain an active ground floor use and frontage and provide a direct service or sales to visiting members of the public; c) The proposed development or uses will not have a harmful impact on the amenity of local residents due to noise, odour, disturbance or light pollution (see DM20, DM40); and d) Shop front design should be in accordance with the council's shop front policy (see DM23). 2. In addition to criteria a-d) above, proposals within the Lanes and North Laine areas of the Regional Centre should not result in the amalgamation of three or more adjoining units resulting in an overly dominant unit, in order to retain the unique character of the area. 3. Residential use may be appropriate above or to the rear of units in shopping centres provided the active frontage is not compromised and that satisfactory residential amenity can be achieved. 4. Temporary and 'meanwhile' use of vacant buildings and sites by start-up businesses as well as creative, cultural and community organisations will be supported particularly where they help activate and revitalise centres and can generate increased footfall.

Important Local Parades

The following areas are designated as Important Local Parades within the retail hierarchy as shown on the Policies Map; Cowley Drive, Woodingdean; Goldstone Villas, Hove; Hove Park Villas, Hove; Islingword Road, Brighton; Old Shoreham Road/Sackville Road, Hove; Preston Drove, Preston Park; Valley Road, Portslade; Victoria Terrace, Hove; Warren Road, Woodingdean; Woodland Parade, Hove. Commercial, business and service uses (E Use Class) will be supported within Important Local Parades. Proposals for other uses will be permitted where it is demonstrated that the scheme meets the following criteria: a) The proposal will maintain and enhance the vitality, viability and the character of the Important Local Parade; b) The proposal will retain an active ground floor use and frontage and provide a direct service or sales to visiting members of the public; c) The proposed development or use(s) will not have a harmful impact on the amenity of local residents, due to noise, odour, disturbance or light pollution; and d) Where appropriate shopfront design should be in accordance with the council's shop front policy (DM23). Changes of use at ground floor to residential will be permitted to the rear or on upper floors in Important Local Parades. Temporary and 'meanwhile' use of vacant buildings by start-up businesses as well as creative, cultural and community organisations will be supported particularly where they help activate and revitalise parades and can generate increased footfall.

Commercial and Leisure Uses at Brighton Marina

Within the Brighton Marina Inner Harbour area commercial, business and service uses (E use class) and local community uses (F2 use class) will be supported. In order to maintain and enhance the existing commercial and leisure offer within Brighton Marina, changes of use in existing retail/commercial/service frontages will be permitted provided that all of the following criteria are met; a) The proposed use would improve the vitality and viability of the Marina, by encouraging combined trips and attracting pedestrian activity; and b) The proposed use would not be materially detrimental to the amenities of occupiers of nearby properties or the general character of the Marina; and c) The proposal will retain an active ground floor use and frontage and provide a direct service or sales to visiting members of the public; d) The proposed use would not have a harmful impact on amenity due to noise, odour, disturbance or light pollution. A change of use at ground floor level to residential in retail / commercial/ service frontages will not be permitted but may be considered appropriate on upper floors.

Commercial and Leisure Uses on the Seafront

Development proposals including change of use for new retail, food and drink premises (class E(a) & (b)), hot food takeaways, bars, pubs (sui generis use) and galleries (Class F1b) and museums (Class F1c) will be permitted on the lower promenade Madeira Drive and within the seafront arches, provided that all of the following criteria are met; a) The existing diversity and mix of sport, leisure, cultural and recreation uses along the seafront will be retained or enhanced; b) The proposed development is of appropriate scale and design to complement the historic character and setting of the seafront (See City Plan Part One Policies SA1 and CP4); c) The proposal will support the role of the seafront as a recreation and tourist destination helping to extend footfall and reduce seasonality; and d) The proposed development or uses will not have a harmful impact on amenity due to noise, odour, disturbance or light pollution. The council will encourage temporary uses which help animate and activate vacant buildings or sites before regeneration/ construction commences. Provision of ancillary small-scale retail outlets will be permitted on identified seafront development sites or to support existing or proposed leisure/ tourism schemes (see SSA5 and SSA6).

Markets

Proposals for new or improved markets and market stalls will be permitted within defined shopping centres where they would not cause individual or cumulative harm to the local area in terms of residential amenity, pedestrian and highway safety, parking congestion, impact on cycle routes or the free flow of traffic, especially public transport. Planning permission will be refused for development which would result in the permanent loss of markets or pitches unless appropriate comparable replacement provision is made subject to the impact on existing shopping facilities and markets. The council will ensure the appropriate control of hours of operation and that adequate arrangement is made for storage and disposal of litter and refuse, parking, including cycle parking and servicing. Temporary permissions and/or planning conditions may be used to assess or regulate the impact of markets, including proposals for farmers markets, temporary markets or car boot sales.

Opportunity Areas for new Hotels and Safeguarding Conference Facilities

The following City Plan Part 1 Strategic Allocations/ Development Areas are identified as search areas for new hotel development: 1. DA1.B.1 New Brighton Centre and Expansion of Churchill Square 2. DA2.C.1 Brighton Inner Harbour 3. DA2.C.3 Black Rock Site 4. DA4.C.1 New England Street Area 5. DA6 Hove Station Area Proposals will be assessed against Policy CP6 Visitor Accommodation, and should not compromise the priorities and aspirations set out in the adopted Development Area proposals and delivery of the allocated mix of permitted uses set out in the Strategic Allocations. Safeguarding Conference Facilities In order to maintain the city's role as a conference destination existing large capacity conference facilities will be maintained and enhanced. Proposals for loss of these facilities would need to demonstrate: a) availability of adequate provision elsewhere in the city; and b) that the existing use was no longer viable or could no longer be sustained on a long-term basis; or c) partial loss enables the upgrade of remaining conference and banqueting provision; or d) Re-provision within a new development in accordance with City Plan policies or in accordance with a Strategic Allocation set out in City Plan Part One.

Advertisements

Consent will be granted for advertisements and/or signs where they are sensitively designed and located so that they do not harm the visual amenity of the site or wider area and do not adversely affect public safety. Consideration will be given to: a) The character of the area b) The siting of advertisements c) Size and proportion d) Design e) Materials f) Lettering and colour g) Means of fixture h) Method and extent of illumination i) Cumulative impacts Advertisements affecting a heritage asset or its setting must cause no harm to the identified significance of the asset. Particular regard will be had to the impact on any important architectural or historic features of the site and to the chosen materials and finish of the advertisement(s). Any illumination should be by means of individual halo or internally illuminated letters on an unlit background or by means of discreet external trough lights or spot lights. Advertisements outside the built up area must be discreetly sited and sensitively designed to be in keeping with the rural area and landscape character. Illumination should be strictly limited and must respect the setting of the South Downs National Park. Where advertisements are viewable from the Strategic Road Network they must not distract roads users. Applications for advertisement hoardings or scaffold shrouds will be subject to particular scrutiny due to their scale and potential impact on amenity and public safety. Any consent granted will be for a strictly limited period only.

Former Peter Pan leisure site (adjacent Yellow Wave), Madeira Drive

The Former Peter Pan Leisure site, Madeira Drive as shown on the Policies Map is allocated for the following uses: • leisure uses (Use Classes E(d) and F2) or art and heritage uses (Use Classes F1(b) and F1 (c)) appropriate to the character of the seafront providing the main use of the site; and • ancillary supporting retail uses (Use Classes E (a), E (b), Public house, wine bar, or drinking establishment (Sui Generis) and hot food takeaway for the sale of hot food where consumption of that food is mostly undertaken off the premises (Sui Generis)). Planning permission will be granted for proposals that accord with the Development Plan and meet the following site specific requirements: a. Contribute towards the priorities for the Seafront as set out in City Plan Part One Policy SA1, including supporting the role of the seafront as an all year recreation attraction for residents and tourists; b. Achieve a high quality of design and sustainability which preserves and where possible enhances the setting of the East Cliff Conservation Area, adjacent Listed Buildings/ structures, the character of the seafront and strategic views; c. Development will need to be of an appropriate density to respect the open character of this area of the seafront and allow for sea views to be maintained through the development; d. Provide for sustainable means of transport to and from the site and demonstrate good linkages for pedestrians and cyclists; e. Complement the regeneration of Madeira Terraces and Drive (SSA5) and contribute to a coordinated approach to enhance the public realm; f. Improve accessibility and connectivity between the site and the beach and sea; and g. Conserve and enhance biodiversity in the area in particular the coastal vegetated shingle habitat at the adjacent Volks Railway LWS which is a rare and important habitat for local and migrating species and to provide biodiversity net gains;

Safe, Sustainable and Active Travel

The council will promote and provide for the use of sustainable transport and active travel by prioritising walking, cycling and public transport in the city. This will support the objectives, projects and programmes set out in the Local Transport Plan and other strategy and policy documents. New developments should be designed in a way that is safe and accessible for all users, and encourages the greatest possible use of sustainable and active forms of travel. 1. Pedestrians (including wheelchair users) In order to encourage walking, new development should: a) provide for safe, comfortable and convenient access to/from proposed development for all pedestrians, irrespective of their level of personal mobility and cognition; and b) where appropriate contribute towards improvements to the wider pedestrian environment, providing for a safe and attractive public realm, including signage, seating, shade/shelter and planting, including consideration of assigning some parts of streets and spaces for shared use by pedestrians and small numbers of vehicles; and c) maintain, improve and/or provide pedestrian/wheelchair accessible routes that are easy, convenient and safe to use, giving consideration to pedestrian desire lines within and outside site boundaries. 2. Cyclists In order to ensure a safe and accessible environment for cyclists, new development should: a) provide for safe, easy and convenient access for cyclists to/from proposed development; and b) where appropriate extend, improve or contribute towards the city's existing network of high quality, convenient and safe cycle routes; and c) protect existing and proposed cycle routes unless satisfactory mitigation is provided or provision is made for an alternative alignment; and d) provide for sufficient levels of cycle parking facilities in line with the Parking Standards for New Development (Appendix 2) which must, wherever possible, be universally accessible, under cover, secure, convenient to use, well-lit and as close to the main entrance(s) of the premises as is possible. Short stay visitor cycle parking could be uncovered but must be located close to the building entrance(s) and benefit from high levels of natural surveillance; and e) where appropriate make provision for high quality facilities that will encourage and enable cycling such as communal cycle maintenance facilities, workplace showers, lockers and changing facilities. 3. Public Transport Users In order to promote and provide for greater levels of public transport usage in the city (including bus, coach, taxi and rail travel), new development should: a) be located and designed to provide good access to public transport services and facilities; and b) where appropriate provide or contribute towards improvements to the public transport network/infrastructure including passenger interchanges and facilities; and c) directly fund or contribute towards improvements and/or extensions to existing bus services and/or the provision of new bus routes; and d) protect and, where appropriate, enhance existing and proposed public transport routes. 4. Safe and Inclusive Travel Planning permission will be granted for developments that meet all of the following criteria: a) Do not create road safety problems or dangers for any road user, especially those who are most vulnerable; b) Provide inclusive access for disabled people, older people, and other vulnerable road users wherever it can be reasonably achieved having been afforded significant priority; c) Do not prejudice the implementation of proposed road safety improvements set out in the Local Transport Plan (and subsequent revisions/successor documents or programmes); and d) Create safe and secure layouts which minimise the risk of collision or potential conflict between road users.

Transport Interchanges

The development of purpose-built interchanges including park and ride facilities, coach stations and parking, lorry parking or freight consolidation centres will be supported where proposals meet all of the following criteria: a) it can be demonstrated that the development will have a significant positive effect in reducing congestion in the city centre and/or mitigating other issues within designated areas, for example through air quality improvements in AQMAs; b) the need to travel through residential areas, the central area and Conservation Areas is minimised; c) appropriate design and landscape measures are incorporated to minimise the visual and amenity impact; d) there is no unacceptable impact on the local and strategic road network and its capacity to safely and efficiently accommodate the movement generated or attracted by the development; e) provision is made for the needs of those with mobility difficulties and for the safety and security of all users; f) the site is located on or close to a major radial route into the city; and g) for park and ride sites, complementary measures are implemented to ensure the reliability of the service and enhance the attractiveness for users of using such a facility.

Travel Plans and Transport Assessments

1) Transport Statements, Transport Assessments, Construction and Environmental Management Plans and Travel Plans are required to support planning applications for all developments that are likely to generate significant amounts of movement/travel in accordance with the NPPF and have regard to any locally derived standards and guidance. 2) Larger developments requiring Transport Assessments should also consider the cumulative transport impacts arising from other committed or planned developments (i.e. development that is permitted or allocated and there is a reasonable degree of certainty delivery will occur). Development will not be permitted where the residual cumulative impact of the development is severe, unless provision is made for appropriate mitigation. 3) A Transport Statement or Transport Assessment (as appropriate) is also required for all major developments within AQMAs so that the potential impact of traffic on air quality can be adequately considered within a separate Air Quality Assessment (AQA). Where Transport Statements or Transport Assessments are required for developments elsewhere, as set out in criterion (1), the likely traffic impacts within AQMAs should be considered and agreed with the council in order to determine whether an AQA is required. 4) All development proposals should include appropriate measures to ensure that journeys by private car are minimised and to make the greatest possible use of sustainable travel in order to deliver the objectives for sustainable transport set out in Policy CP9 of the City Plan Part One. Where necessary, planning obligations will be sought to facilitate or support such measures. 5) Proposals that could cause significant noise or air quality impacts or create significant disturbance or intrusion during the demolition and construction processes will be required to submit a Construction & Environmental Management Plan.

Parking and Servicing

Provision of parking, including 'blue badge' holder and cycle parking, in new developments should follow the standards set out in Appendix 2. In addition: 1) Where a development is likely to result in overspill car parking on-street, the council may require the development, in whole or in part, to be 'permit free'. 2) Car-free residential developments will be supported and encouraged subject to consideration of relevant factors as set out in SPD14 'Parking Standards for New Development'. 3) New developments should include infrastructure to support the use of low emission vehicles, including electric vehicle charging points. 4) Parking spaces for people with a mobility related disability ('blue badge' holders) should be located close to the main or most suitable access to the development. Where these spaces cannot be laid out within the development site, developers may be required to provide dedicated spaces on-street or, where appropriate, support a mobility scheme or specially adapted public transport infrastructure. 5) Provision for large vehicles to service new developments should be provided on-site, including sufficient, safe manoeuvring space. Major developments of flats and apartments should provide appropriately designed external loading facilities to accommodate vehicle movements generated by ride-hailing and online shopping/delivery services. 6) Major development should include transport infrastructure that improves equality of access to travel and supports the efficient use of space, such as cycle hire and car club schemes.