The 5/6 Western Road Planning Appeal!

Mr Nikkah-Eshgi, owner of 5/6 Western Road, has appealed against the enforcement order served on him. Those who objected to the original application could comment on the appeal but the closing date was 3 July 2007.

The Council gave 10 reasons for issuing the enforcement order which are with one exception those given in its refusal of planning consent. They have added an objection to the ramp in the Farman Street passage: "The siting and construction of the ramp in the western access alleyway has had a severe and detrimental impact on the character of this historic passageway. The loss of the original surfacing (red brick) in this passageway is detrimental to the appearance and character of the Brunswick Town Conservation Area and the removal of the ramp is considered both desirable and necessary".

EBRA supported the Council by giving or own views on the disaster this building will be if it goes ahead as planned.

Even more important are the grounds the developer gives for the appeal. These are completely self-serving and unjustified and we felt we had to contradict them!

Grounds for the Appeal

The developer wants the notice withdrawn. He says:
(1) The steps required to comply with the notice are excessive and lesser steps would overcome the objections.
(2) That the time given to comply (October 2007) is too short.

"Lesser steps" means that the developer thinks the building need not be torn down and rebuilt to a better design, but can be tinkered with to present a more acceptable appearance within the present structure. We don't agree!

What EBRA said to the Planning Inspectorate

The front of the building is of a brutal and unsympathetic design totally unsuited to a Conservation Area and out of sympathy with most of the neighbouring buildings which display the charm of the Regency vernacular. It would at the very least require extensive redesign and alteration to be acceptable, both in form and detailing. Tinkering with details of the building as it is now is totally inappropriate and will not achieve a desirable result.

The rear of the building completely overshadows Farman Street, a small square of charming Regency cottages. The lift shaft and parapet completely dominate the scene, while the modern window frames, exposed pipework and gas meters utterly destroy the charming aspect of this little enclave. Only major redesign and consequent alterations to the structure can remedy this.

The ramp built in the historic passageway underneath No. 6 Western Road turns this charming survival from the days of waggons and horses into a narrow and unpleasant little alley and it will be an open invitation to loitering and unpleasant uses.

All in all, the development as it now stands is massively invasive in its impact on the Conservation Area, which it must be noted, is predominantly residential apart from Western Road itself. The developer must be compelled to work towards a scheme which recognises the objections made by Brighton & Hove City Council, and which will meet the planning criteria the Council has quoted.

The situation that has now arisen, leading to the serving of an enforcement notice, is entirely the fault of the developer, who has completely failed to recognise his responsibilities. He has erected what amounts to a new building of massive proportions on a prime site in historic Brunswick Town without planning consent, and in defiance of advice from planning officers. Work started in 2005 and continues on site at the present time! Some of the flats have already been occupied. The developer has only himself to blame for the present position.

We also think that, whilst we support the Council entirely in this, they should also be asked to look again at the proposed use of the building. The bar on the ground floor and the club in the basement amount to more than 150sq m. Another bar in excess of 150sq m lies on the other side of Western Road, less then 20m away. The original granting of consent for a large licensed premises so close to another in Brighton & Hove rests on the fact that ground and basement floors have separate though adjacent street entrances, which ignores the fact that the environmental impact and public safety concerns will not be diminished by having two entrances.

We think the enforcement notice must be upheld.

Commenting on an Appeal

In future, an opportunity to comment on an appeal against a planning decision may arise again. Please note the following:

In most cases, only those who objected to the orignal application may comment.
Use your own views (or ours if you agree with us) but always use your own words.
And do please note the following points:

• Your comments must be in writing.
• They must be submitted in triplicate!
• You must head your letter with the appeal reference number and address of the property in question.
• Once you comment, that is it. You cannot comment again.
• If you want a copy of the appeals decision, request one in your letter.