Locally elected councillors on the Planning Committee approved the planning application at the committee meeting on 4 September 2024.
You can view the application by visiting our Planning Register and using the reference number BH2022/02232. You can also view a video of the Planning Committee meeting.
A large number of comments were submitted about the application. The information below explains in more detail some of the issues raised and considered by councillors in coming to their decision.
The Planning Department’s decision - would it have been different if a private developer was putting in this application?
The identity of the applicant is not taken into account in deciding planning applications, and you can apply for planning permission on a piece of land even if you are not the owner of the land. In this case, the planning application was made by the Royal Mail and not the council.
In line with our delegation processes, this decision was made by elected councillors on the Planning Committee, not by council officers or the Planning team.
Types of development allocated to the site
The site has been allocated for employment use since 2005 and is now allocated in Policy CP3 of the City Plan Part 1 for 6,500 sqm of employment use floorspace.
While there is a pressing need for housing in the city, there is also demand for employment sites. Given the site’s location next to the A27, an employment use was considered to have greater justification.
The supporting text to the policy notes, that the site would be suitable for uses within former classes B1(a) (office) and B1(b) (research and development), both now within Use Class E. However, the site has been marketed for office use previously without success. A Viability Report submitted indicated that an office use on the site would not be commercially viable. This was becasue of high build costs and lower returns compared with good quality office space available in central Brighton.
Also, the amount of employment associated with the proposed distribution centre would be similar to that of office use. In principle, therefore, a storage and distribution use was considered acceptable by Members of the Planning Committee.
Protecting the Aquifer
Significant, detailed assessment has been undertaken as part of the application submission, including relating to protection of the aquifer. The Environment Agency, Southern Water and the council's Sustainable Drainage team have examined this information. They are satisfied that the water environment will be adequately protected by the conditions attached to the planning permission.
These include the need to submit further detailed drainage design information and ensuring that below ground construction works only take place between April and September. This is when ground water levels are generally lower.
The applicant has provided details which demonstrate that the surface water that runs off from the site will be managed and will then be discharged to the sewer at a controlled rate. An impermeable membrane will be installed to prevent infiltration to groundwater. There will also be various measures within the site to increase its capacity to hold water, including:
- green roofs
- swales (ditches)
- permeable paving
- geocellular storage
Ground water flooding and excess water running off the site
Southern Water and the council’s Sustainable Drainage team have all commented on the application. They have raised no objection subject to appropriate planning conditions that are set out in the Committee report.
Southern Water’s recommendations on working times
Southern Water asked for various conditions to be added to any planning consent should permission be granted to ensure the water environment is protected. It included a requirement that below ground construction works can only take place between April and September.
The applicant, as is often the case, when reviewing the suggested conditions, approached Southern Water to see if there was any further flexibility around when below ground construction works could take place.
Southern Water have confirmed there is no flexibility and the original wording of the condition has not been changed. There are a number of pre-commencement conditions attached to the decision which the applicant will need to agree with the planning team before works commence.
If the applicant commences works prior to agreeing their pre-commencement conditions, this could invalidate their permission.
Area of Outstanding National Beauty
The site is not within an Area of Outstanding Natural Beauty. The South Downs National Park is located north of the site, beyond the A27. Historically, this was part of the Sussex Downs Area of Outstanding Natural Beauty until it became a national park in 2010. It is outside but next to the Patcham Conservation Area.
Night time light pollution and the South Downs National Park as a dark skies reserve
In their consultation submission the council’s Environmental Protection team raised no objection to the plans. They did suggest a condition is applied requiring further details about lighting.
South Downs National Park Authority also raised no objection to the proposal.
The Officer’s Report for the Planning Committee recommended that a condition should be attached to any planning consent which will:
- control the level of lighting
- reduce light spill into residential properties
- minimise the impact on ecology
- ensure lower levels of lighting during night time hours
Pre-application consultation carried out by Royal Mail
We encourage applicants to engage with residents prior to the submission of a planning application and to carry out meaningful consultation. This isn’t a legal requirement however, and the type and amount of consultation is not specifically prescribed.
Site operations and traffic volumes beyond what is stated in the application once Royal Mail are on site
Whilst the Royal Mail’s business operation may continue to change over the coming years, we have to assess the application on the basis of the Royal Mail’s current submission. The submission relies on 360 employees working at the site, and around a maximum of 246 on any given day (except Sundays where there will be significantly reduced staff numbers).
The vibrations of such heavy traffic only metres away will have grave implications for All Saints church.
HGV traffic travelling to and from the site will not go via Church Hill and will remain a considerable distance from the Church.
The suitability of local roads for HGVs
In their consultation submission National Highways raised no objection, stating:
“We are satisfied that the impacts of the proposed development on this junction are now understood, and that specific mitigation of these impacts is not required. Further, the improvements associated with the Local Plan (once introduced) will provide additional capacity and result in a reduction in queues and delay across the junction, and this will not be compromised by the additional movements associated with the proposed development.”
National Highways recommended some conditions be attached to any planning consent. These can be seen in the published application documents.
Royal Mail contracts before planning permission was granted
When it became clear that many of the potential impacts of the proposal could be adequately mitigated, officers indicated to the applicant that they were supportive of the scheme. They also said that the recommendation going to the Planning Committee would be “minded to grant”,
It is normal practice when the case officer is in discussion with the applicant to indicate their views on a scheme. This is particularly true if it could be amended to overcome concerns. Councillors sitting on the Planning Committee decided at the meeting on 4 September that they agreed with the officers’ recommendation.
If Royal Mail decided to enter into contracts prior to planning permission being decided, that is a matter for them. This is entirely separate from the planning application process.
How the planning decision was made and the volume of objections
As the Local Planning Authority the council is responsible for deciding whether a planning application should be approved or refused. For major planning applications, such as Patcham Court Farm, this decision is made by the Planning Committee.
The Committee is made up of councillors from all political parties represented on the council and makes planning decisions on the council's behalf. Committee papers are published online a week ahead of each meeting, and the meetings are broadcast live on our website.
An application is judged against national planning policy and our local planning policie. It also takes into account other ‘material planning considerations’ including representations from the public and responses from specialist consultees such as highway and drainage officers.
Having reviewed the application documents and comments received, the committee members heard a presentation from council planning officers, representations from objectors, a submission by the developers and asked questions before debating and then voting to grant approval.
You can view the application by visiting our Planning Register and using the reference number BH2022/02232.
You can also view a video of the Planning Committee meeting.