From Brighton & Hove City Council Planning Department

Dear Sirs

My purpose in writing is to update you on matters from the Planning perspective in regards to the situation at the above property.

As you are no doubt aware the current development has been constructed without the benefit of formal planning approval and has proceeded entirely at the owners own risk. Council officers have been negotiating with the owner and his agents in order to try and negotiate a scheme which is acceptable to the area with due regards for the status of the Brunswick Town Conservation Area.

Unfortunately despite constant advice from officers for the development to cease until such time as a formal approval was given, the development has continued at the owners own risk. Planning applications BH2006/02727 and BH2006/02726 were both refused by the Planning Applications Sub Committe on 26th February 2007.

Since this refusal the Planning Investigations Team have served an enforcement notice on the development that requires the following works to be undertaken within six months. The works required are:

• To completely demolish and remove from the site the unauthorised four storey construction at 5-6 Western Road comprising of the ground floor unit and the three storeys of residential units above.
• To completely restore 5-6 Western Road back to its form and character before development took place.
• To completely demolish and remove the access ramp abutting the western side of the building in the access alleyway from Western Road to Farman Street.

The notice took effect on 21st April 2007 and therefore the owners have until 21st October to comply with the above requirements. They are at liberty to appeal this notice and any such appeal should have been lodged by 21st April although the Council, at this point, are unaware of any such appeal being made. If the notice is not complied with the Council may then prosecute the owners for non-compliance with the enforcment notice which is an offence.

In the meantime, it is my understanding that the owners of the building and their representatives are back in negotiations with the Council in order to try and create a scheme which will meet with the Councils approval and may then be built on site. Until such time as an application is approved however all work being undertaken on site is unauthorised and is carried out entirely at the risk of the owner, who is very aware of this situation.

The Building Control Officer for this development is Jeff Johnstone who has visited the site on numerous occasions and would take necessary action in regards to fire-precautions if it is considered necessary.

I trust that the above is informative to you, however, if you require any further assistance or clarification in this matter, please do not hesitate to contact me and I will endeavour to assist you as best I can.

Kind regards
Matt Gest
Senior Planning Investigations Officer
Brighton and Hove City Council
25 April 2007