Plans to build a house in a back garden were refused for a fourth time because councillors considered the plot to be “too small”.
Previous applications for a detached house in the garden of 7 Woodland Drive, Hove, were turned down due to the design and lack of outdoor space.
Brighton and Hove City Council’s Planning Committee unanimously refused the application after hearing representations from a ward councillor, a neighbour and the developer’s agent.
Conservative councillor Vanessa Brown, who represents Hove Park ward, said that she was disappointed that officials had recommended the latest application for approval.
Councillor Brown said: “The present design takes up even more of the tiny plot. Yes, a very small extra bit of garden has been shaved off the garden of 7 Woodland Drive but it is very little and makes the garden of the original house even smaller.
“At the appeal hearing, it was stated that the application failed to provide adequate outside amenity space. This has not changed.”
A previous application was refused on appeal, with planning inspector Louise Gibbons saying that there was not enough outdoor space.
Councillor Brown was also concerned about overlooking and loss of privacy to two neighbouring houses.
She said that the digging that would be necessary at the site would almost certainly damage a 100-year-old cedar tree.
Neighbours opposed the plan, including retired solicitor Frances Valdes who told a virtual meeting of the council’s Planning Committee that the small size of the plot was at the heart of all the previous refusals.
Ms Valdes said: “Council arboriculturist Mr (Paul) Davey recommends refusal because of failure to protect a beautiful large old cedar tree, which is a few metres from the excavations of the underground floor and will overshadow the proposed house.
“(The officer’s report) claims Mr Davey recommends a condition to overcome his concern. No, he didn’t. He said that it should be refused but, if granted, there should be conditions.”
The plans were submitted by City Partnership Housing, which is run by the family of Brighton builder John Regan.
John and Sylvia Regan renovated the property after buying it almost 20 years ago. Their son Danny now controls the property business.
Their representative, Ian Coomber, of Absolute Planning, said that previous issues with the design had been addressed in the new application.
He said that the tree had never featured in any of the objections before and the proposals were improved.
Mr Coomber said: “While I do not in any way share this view, the argument tabled appears to be that the Hove Park area should be somehow excluded from the need to deliver new housing.
“It is entirely appropriate and equitable that the entire city equally takes its fair share of housing growth.”
Conservative councillor Carol Theobald said that she was surprised how tiny the plot was when she visited the site.
Councillor Theobald said: “The street scene is all bungalows so this would be out of keeping. It’s just not right to have that little house stuck there like that.”
Labour councillor Nick Childs also visited the site and said: “I’m not of the view that areas should be exempt from any development and meeting our housing targets.
“I didn’t feel the proposed house was in keeping and I did feel it is overdevelopment.”
Green councillor Leo Littman, who chairs the Planning Committee, said that he was generally a fan of back garden schemes.
And he agreed that no area of the city should be exempt from contributing to the housing supply but added: “This plot is still too small. It is too close to the neighbours. Although the previous rejections have not been on the basis of a threat to the tree, presumably the way this has been redesigned has put that tree under threat.”
Councillors refused to grant planning permission because the subdivision of the plot was unacceptable, leaving the new and retained plots too small.
They also said that there was not enough outdoor amenity space, they were concerned about the loss of the cedar tree and the property would not fit in with the street scene in Benett Avenue.
