Toads Hole Valley developer steps up the pressure

The Toads Hole Valley developer has stepped up the pressure on the council and neighbours with two new moves.

The developer has said that it will appeal to the government because its plans have not been decided within the legal time limit.

And the consortium has also submitted a duplicate application for outline planning permission to build 880 homes to Brighton and Hove City Council.

The site sits on a triangular slope between King George VI Avenue, known locally as Snakey Hill, and the A27 Brighton bypass. Downland Drive, in the west, overlooks the site.

Plans for a new Aldi supermarket by the roundabout at the eastern corner of the land are due to be decided next week. Read more here.

The council said: “The application for the development just south of the A27 near King George VI Avenue, includes plans for new homes, a school, community/sports facilities, offices and retail space.

“The duplicate application (BH2022/00203), submitted by Toads Hole Valley Limited, is identical to the latest version of the original application submitted at the end of 2018.

“Anyone wishing to comment on the application must do so again, even if they have submitted a comment before.

“The duplicate application means that councillors would still be given the opportunity to make a decision on whether to approve or refuse at a local level.

“This comes after the developer informed us of their intention to make an appeal to the Planning Inspectorate against non-determination of the original 2018 application (BH2018/03633).

“The original planning application for Toads Hall Valley was received in November 2018 and received more than 450 comments.

“As a result of issues raised by National Highways and council transport officers, the developers have had to reassess their transport case. This has taken some time and is reaching its conclusion.

“Unfortunately, National Highways has not been in a position to issue their opinion on the impact the development would have on the A27, especially the Dyke Road junction and roundabout, or the impact the proposal would have on local roads, making it impossible for the council to decide to grant or refuse the application.

“The conclusions will have an impact in relation to the traffic generated on nearby residential roads, including King George VI Avenue, which we know is a concern for local residents.

“It is essential we have this information before making any decision. We expect their opinion next month, but the timescale is out of our control.

“As a result of the overall delay with the application, the developer has given notice that they will be exercising their right to appeal to the Planning Inspectorate for what’s known as ‘non-determination’ – essentially where no decision has been made.

“This will result in the government appointing a planning inspector to hold a public inquiry to decide whether the current planning application is granted permission or refused.

“The inquiry would likely to be held in the late spring 2022.

“We remain keen to ensure that, when forecasts about the traffic impact on the local road network are finally assessed by National Highways and the council’s transport officers, councillors are given the opportunity to determine this significant application at a local level.

“The developers therefore are taking a ‘twin track’ approach where a duplicate application (to be determined at local level) runs alongside an appeal (to be determined by the Planning Inspectorate).

“A determination of this duplicate application would be made at a special meeting of the planning committee, most likely in March or April 2022. This meeting would either

• approve the current duplicate scheme where it is then possible the non-determination appeal against the original would be withdrawn or
• refuse the application which would then be used as part of the council’s evidence submission for the public inquiry

…

“Unfortunately, comments provided for the previous application cannot legally be carried forward from the original application to the duplicate application.

“This means anyone wishing to have their comments considered, including residents, community groups and other interested parties, will need to make a new submission by the published deadline.

“This can be either the same or updated to reflect any new or different issues that the latest version of the scheme may have for people.

“To make the process easier, the new application will only have the latest version of the proposals posted, which will significantly reduce the number of documents for people to review.

“The application (BH2022/00203) is now open for submissions.

“While comments received up to the day before will be verbally reported to the planning committee, anyone wishing to comment is encouraged to do so as soon as possible.

“The easiest way to do this is online, by registering with our planning register using this link https://planningapps.brighton-hove.gov.uk/online-applications/registrationWizard.do?action=start.”