Screening Opinion: Hove Gardens Phase 2, Bus Depot Car Park, Ellen Street

Applicant

Watkin Jones Group

Agent

Savills

Date Received

14 September 2021

Site

Hove Gardens Phase 2, Bus Depot Car Park, Ellen Street

Proposal

The proposals look to redevelop the site to provide an extension to the already approved Hove Gardens development (Phase 1). This comprises a further north-south orientated building rising part 10, part 14 storeys in height containing car and cycle parking at basement level (utilising the vehicular access in Phase 1), approximately 360sqm of employment floorspace at ground floor level, and 86 Build to Rent homes at upper levels.

The proposal does not comprise Schedule 1 development, as defined in the Town and Country Planning (Environmental Impact Assessment)Regulations 2017)(‘the EIA Regulations’).

The application site is not located within a ‘sensitive area’, as defined in regulation 2(1) of the EIA Regulations.

When considered cumulatively with Phase 1, as a single project, for the purposes of the EIA Regulations, the development as a whole would fall within Part 10(b) of Schedule 2 of the EIA Regulations which relates to ‘Urban Development Projects’ due to the provision of a total of 302 new dwellings.

For ‘Urban Development Projects, the thresholds are listed as follows:

1. “a development which includes more than 1 hectare of urban development which is not dwelling house development; or
2. a development which includes more than 150 dwellings; or
3. the overall area of the development exceeds 5 hectares. ”

The proposal exceeds 1 hectare of non-dwellinghouse development and also proposes up to 240 dwellings. Accordingly, consideration needs to be given, with reference to Schedule 3 to the EIA Regulations, as to whether the development would have the potential to result in ‘significant environmental effects’ which require an EIA

Development Area

0.086ha (approximately 0.5h acumulatively with Phase 1)

Nature, Scale and Design of Development

The proposed development to which this EIA Screening Opinion request relates comprises:

• buildings of up to 14 storeys in height;
• up to 370sqm (GIA) of commercial floorspace (Use Class E);
• up to 88 residential units (Use Class C3);
• basement level car parking;
• outdoor and indoor amenity space for residents; and
• public realm landscaping.

Phase 1 of the development was approved inOctober 2020,when the Council granted full planning permission for the comprehensive redevelopment of the neighbouring site, 1-3 Ellen Street, for a mixed-use development referred to as ‘Hove Gardens’ (LPA Ref. BH2020/00917). This permission includes the following:

• 1,662sqm (GIA) of employment floorspace (Use Class B1);
• 341sqm (GIA) of flexible employment and community floorspace (Use Classes B1 / D1 / D2);and
• 216 Build to Rent homes (Use Class C3)In buildings up to 18 storeys. The extant permission has been implemented and WJG are now on site undertaking pre-commencement works.

The two phases comprise a single project for the purposes of EIA.

1. Will the development involve actions that will cause physical changes in the locality (topography, land use, changes in waterbodies etc.)?

The proposed development (Phase 1 and Phase 2) is set within previously developed brownfield land.

The new mixed use development is expected to range from two to eighteen storeys. Whilst the taller buildings on site will be higher than the existing buildings, this increased height is not considered likely to give rise to any significant environmental effects. The overall footprint and character of development is not considered to result in any significant urbanising effects, and the proposed uses are of a similar nature and considered to be compatible with their immediate surroundings so no significant effects are anticipated in this regard.

No significant effects anticipated given proposed urban development within existing urban area

2. Will the development use natural resources such as land, soil, water, biodiversity, materials, or energy, especially resources that are non-renewable, in short supply or have low capacity to regenerate?

The development of the site would require the use of a range of common natural and man-made construction materials and resources to complete the build and fit-out of the scheme, and would make use of previously-developed land so the natural resource use is not considered to result in significant environmental impacts either during the construction or operational phases., or in cumulation with Phase 1.

No significant effects anticipated given urban environment and scale of project

3. Will the development involve the use, storage, production of substances or materials that could be harmful to people or the environment?

Unlikely but this matter would be addressed through other legislation including standard health and safety requirements, and the development would be expected to adopt best practice measures during the demolition, construction and implementation phase.

The proposed end use will not involve the handling or processing of substances or technologies that are likely to have a significant impact on the environment.

No significant effects anticipated, including in cumulation with Phase 1, given regulation via health and safety regulations.

4. Will the development produce significant volumes of wastes during construction, operation or decommissioning?

During the enabling works (including demolition) and construction phase, waste will be generated on-site with the highest quantities of waste typically generated during earthworks. Some of the materials that are brought to the site could also end up as waste due to over-ordering or damage. Construction and demolition on site can be controlled and implemented through a Construction Environmental Management Plan (CEMP) to be secured by condition on any future planning consent. It is anticipated that operational waste will mainly comprise household and commercial waste and recyclable material, but not on a scale that would result in significant environmental effects.

No significant effects anticipated, including in cumulation with Phase 1, with imposition of standard CEMP condition

5. Will the development give rise to significant noise, vibration, light, dust, odours during construction or operation?

During the demolition and construction phases, construction traffic and machinery will generate new sources of noise and vibration. The closest noise sensitive receptors to the site are the residential properties to the east and south of the site, in close proximity to the site. There may also be new residents in situ in Phase 1 of the development for at least part of the Phase 2 construction. However, Construction noise, vibration, light, dust and odours could be minimised through the use of standard best practice measures and compliance with relevant environmental protection. These measures would be detailed within a CEMP which would be secured by planning condition on any future planning consent.

Any changes in road traffic noise and vibration levels would be unlikely to have significant environmental effects. Any impacts considered to be a nuisance would be mitigated through regulation via the Environmental Protection Act.

While the cumulation of the development with Phase 1 means the timescale of construction, and associated impacts, would be extended, with the controls identified above it is not considered the impact would be significant.

No significant effects anticipated, within the meaning of the EIA Regulations, , including in cumulation with Phase 1, with imposition of standard conditions securing CEMP and controls over rooftop plant.

6. Does the proposal have the potential to release pollutants to air, land, or water?

During the construction phase the key air quality impacts would result from demolition and plant emissions. However the demolition and construction phase impacts could be controlled by a CEMP, including vehicle routing, which could be secured by planning condition on any future planning consent. The development is unlikely to result in a significant change in local traffic movements or in the vehicle composition on the local roads, so significant effects from these on air quality are not considered likely. During the construction phase of the proposed development, there will be a requirement for foundations to ensure structural integrity. This activity could mobilise any contaminants present, but given the previous uses of the site, and with the imposition of standard conditions, it is considered that the nature of any potential contaminants is not likely to be unusually complex or hazardous or would pose any significant environmental or health risk.

No significant effects anticipated, including in cumulation with Phase 1,given imposition of standard CEMP and contamination assessment conditions.

7. Are there areas on or around the location that are already subject to pollution or environmental damage –e.g. where existing environmental standards are exceeded, which could be affected by the project?

The site is not within an AQMA and is not expected to significantly affect those nearby, and it is not within or close to an area already subject to pollution or environmental damage.

No significant effects anticipated, within the meaning of the EIA Regulations, including in cumulation with Phase 1.

8. Is there a high risk of major accidents and/or disasters, including those caused by climate change, during construction or operation of the development that could have effects on people or the environment?

Operations do not pose significant risk in terms of major accident or disaster, particularly given standard planning, building control, and health/safetycontrols.

No significant effects anticipated.

9. Will the project result in social changes such as demography, traditional lifestyles, employment?

Unlikely. No changes anticipated. No significant effects anticipated.

10. Will the development pose significant risks to human health, for example due to water contamination or air pollution?

As the proposed development involves the redevelopment of previous hard standing, the extent of non-permeable surfaces will not change to any material degree. As such, adverse impacts on water quality through surface runoff are unlikely as a result, reducing the associated risk on human health. Through the implementation of a sustainable drainage strategy, which accompanies the planning application, it is considered that any water contamination risk, that could affect human receptors, can be effectively managed and eliminated.

Some noise impacts are anticipated during construction, but these could be controlled by standard CEMP conditions, and would be for a temporary period.

During the construction phase a CEMP condition could ensure emissions to air are satisfactorily controlled. Traffic impacts from the development are not anticipated to be so significant as to have significant environmental effects.

The cumulative impact of the development alongside Phase 1 is not considered to result in significant effects on human health.

No significant impacts anticipated, within the meaning of the EIA Regulations, subject to imposition of standard CEMP and contamination assessment conditions.

11. Are there areas on or around the location that are protected under international, national or local legislation for their ecological, landscape, cultural or other value that could be affected by the project?

The project site is within an urban setting and is of low ecological value. The site does not lie within or in close proximity to a ‘sensitive area’ as defined under the EIA Regulations.

The site is not within a conservation area and does not comprise any listed buildings. It is located near to the ‘Hove Station Conservation Area’, the Grade II listed Railway Station and the locally listed The Station public house.

Although the introduction of such a large building will impact upon the setting of the Hove Station Conservation Area and listed building, this is not considered to be significant, within the meaning of the EIA Regulations.

12. Are there any other areas around the location that are important for their ecology e.g. wetlands, riparian areas, river mouths, mountains, forests, coastal zones, the marine environment, nature reserves and parks that could be affected by the project?

No, None.

13. Are there any areas on or around the location that are used by protected or sensitive species of fauna or flora that could be affected by the project?

No, None. Urban environment so possibility of small pockets of protected species/habitat, but unlikely to be affected by project.

14. Are there any areas on or around the location that are used by protected or sensitive species of fauna or flora that could be affected by the project?

No, None.

15. Are there any areas or features of high landscape or scenic value on or around the location that could be affected by the project?

The development would be visible from Hove Park to the north. Verified views from here are to be required with any application and will be considered in assessing the acceptability of the scheme.

No significant effects anticipated given location within an urban environment.

16. Is the project in a location where it is likely to be highly visible to many people?

No. Given the scale of the proposed development, it is likely to be highly visible to many people, but within an urban context the effect of the change resulting is not considered to be significant.

17. Are there routes on/around the location that are used by the public for access to recreation or other facilities that could be affected by the project?

No. The application site is within an urban area, with routes linking to recreation and other facilities, but these are not expected to be disrupted by the development.

18. Are there any routes on or around location that are susceptible to congestion or cause environmental problems, that could be affected by the project?

No. The development could increase vehicle movements around the site (especially during construction)but the increase in movements is not considered to result in significant environmental effects.

19. Are there any features of historic or cultural importance on or around the location that could be affected by the project?

No, see response to question 11

20. Will there be any loss of Greenfield land?

No. The site comprises previously developed land.

21. Are there existing land uses around the location that could be affected by the project?

 

The site lies within a mixed use area comprising residential to the south with offices to west and commercial properties to the north and west. It is considered that the proposed uses of the development are compatible with existing uses in the area, and with those in Phase 1.

No significant effects anticipated as urban development proposed within existing urban area.

22. Are there areas on or around the location that are densely populated or built-up, that could be affected by the project?

The surrounding area is densely populated with 10 storey tower blocks to the south. Impact on these in terms of sunlight/daylight and overlooking would be considered as part of any application. The impact is not considered to be significant, within the meaning of the EIA Regulation.

No significant effects anticipated as urban development proposed within existing urban area.

23. Are there areas on or around the location that are occupied by sensitive land uses e.g. hospitals, schools, community facilities that could be affected by the project?

No, see response to question 21

24. Are there any areas in or near the application site that contain high quality or scarce resources that could be affected by the development, e.g. groundwater resources, forestry, agriculture, tourism, minerals?

No, none.

25. Is the location susceptible to earthquakes, subsidence, landslides, erosion, flooding, or adverse climatic conditions that could cause the project to present environmental problems?

No.

26. Are there plans for future land uses on or around the site that could be affected by the project?

The development is Phase 2 of the wider development, with Phase 1 granted planning permission under BH2020/00917.Even considering the two phases as a single project for the purposes of EIA, the development is not considered to cumulatively result in significant environmental impacts within the meaning of the EIA Regulations.

There are some proposals for redevelopment of the bus depot to the north and the office buildings to the west but the proposal is not considered to result in significant cumulative affects alongside these.

No significant cumulative impacts anticipated.

27. Is there a potential for transboundary impacts?

Unlikely. Site is not near any boundaries. No significant effects identified.

28. Will any effects be unusual in the area or particularly complex?

Unlikely. No complex effects anticipated. No significant effects identified, given controls in place through planning and building control regimes.

This Screening Opinion relates to a proposal for redevelopment of the land to provide up to 86 residential, build-to-rent flats along with up to 370sqm (GIA) of commercial floorspace. This has been considered as a single project, alongwith the adjacent consented scheme known as Phase 1 which will provide for 216 Build To Rentflats and approximately 2000sqm of commercial/community floorspace.

Because the project, as a whole, falls within Schedule 2 to the EIA Regulations, and it exceeds the threshold set out in column 2 to Schedule 2, consideration must be given to the need for EIA.

Guidance for determining whether a proposal is EIA development is provided in National Planning Practice Guidance: Environmental Impact Assessment (revised 28 July 2017) to aid local planning authorities to determine whether a project is likely to have significant environmental effects. This includes ‘Annex: indicative screening thresholds’ which it states are “indicative only and are intended to help determine whether significant effects are likely”.

For part 10(b)–urban development projects the Annex notes that

“EIA is unlikely to be required for the redevelopment of land unless the new development is on a significantly greater scale than the previous use, or the types of impact are of a markedly different nature or there is a high level of contamination. Sites which have not previously been intensively developed:

1. area of the scheme is more than 5 hectares; or
2. it would provide a total of more than 10,000 m2of new commercial floorspace; or
3. the development would have significant urbanising effects in a previously non-urbanised area (e.g. a new development of more than 1,000 dwellings).”

The ‘key issues to consider’ are identified as “the physical scale of such developments, potential increase in traffic, emissions and noise”.

In this case the proposed development would not exceed any of the above thresholds, and as noted in the table above, the potential increase in traffic, emissions and noise is not considered to result in significant environmental impacts, within the meaning of the EIA Regulations.

Taking into account the above and the criterial in Schedule 3 of the EIA Regulations, it is considered that the proposal does not have the potential for significant environmental impact within the meaning of the EIA Regulations.

In the opinion of the Local Planning Authority, the development would not require an Environmental Impact Assessment.

Signed:

Robin Hodgetts, Principal Planning Officer

Date: 8 October 2021

Reviewed:

Jane Moseley, Planning Manager

Date: 8 October 2021