12A Marine Square, Brighton BN2 1DL

Historic Building Report for Copse Mill Wright

March 2021 ii Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL Contents

1.0 Summary of Historic Building Report 1 2.0 Historical Background 4 3.0 Site Survey Descriptions 19 4.0 Assessment of Significance 45 5.0 Commentary on the Proposals 49

Appendix I - Statutory List Description 58 Appendix II - Planning Policy and Guidance 60

Contact information

Sarah Bridger (Senior Historic Buildings Advisor) E: [email protected] T: 020 7245 9888

London Office 12 Devonshire Street London, W1G 7AB www.donaldinsallassociates.co.uk

This report and all intellectual property rights in it and arising from it are the property of or are under licence to Donald Insall Associates or the client. Neither the whole nor any part of this report, nor any drawing, plan, other document or any information contained within it may be reproduced in any form without the prior written consent of Donald Insall Associates or the client as appropriate. All material in which the intellectual property rights have been licensed to DIA or the client and such rights belong to third parties may not be published or reproduced at all in any form, and any request for consent to the use of such material for publication or reproduction should be made directly to the owner of the intellectual property rights therein. Checked by PR.. Ordnance Survey map with the site marked in red [reproduced under license 100020449} 1.0 Summary of Historic Building Report

1.1 Introduction

Donald Insall Associates was commissioned by Copse Mill Wright in March 2021 to assist them in proposals for the refurbishment and subdivision of a maisonette into two flats on the lower ground and ground floor of 12a Marine Square, Brighton, BN2 1DL.

The investigation has comprised historical research, using both archival and secondary material, and a site inspection. A brief illustrated history of the site and building, with sources of reference and bibliography, is in Section 2; the site survey findings are in Section 3. The investigation has established the significance of the building, which is set out in Section 4.

Historic buildings are protected by law and in planning policy; the specific constraints for this building are summarised below. This report has been drafted to inform the design of proposals for the building by John Whiting, so that they comply with these requirements. Section 5 provides a justification of the scheme according to the relevant legislation, planning policy and guidance.

1.2 The Building and its Legal Status

12a Marine Square is a Grade-II listed building located in the East Cliff Conservation Area in the City of Brighton and Hove. The building was built from c.1850-4 in a vacant gap or passage between the terraces in the north-west corner of the Marine Square, which was originally developed in c.1824-6.

The proposed scheme requires planning permission and listed building consent. The statutory list description of the listed building is included in Appendix I and a summary of guidance on the conservation area provided by the local planning authority is in Appendix II, along with extracts of the relevant planning legalisation and guidance on the historic environment.

The Planning (Listed Buildings and Conservation Areas) Act 1990 is the legislative basis for decision-making on applications that relate to the historic environment. Sections 16, 66 and 72 of the Act impose statutory duties upon local planning authorities which, with regard to listed buildings, require the planning authority to have ‘special regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses’ and, in respect of conservation areas, that ‘special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area’.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan, unless material considerations indicate otherwise. The development plan applicable to the Site comprises Brighton and Hove’s City Plan Part 1 and The Local Plan 2005, with policies retained in March 2016. These two documents have policies that deal with development affecting the historic environment. Within the City Plan Part 1 this includes

1 Policy CP15 on Heritage, while the policies saved in the Local Plan 2005 include Policy HE1 on Listed Buildings and HE4 on the reinstatement of original features on listed buildings.

The courts have held that following the approach set out in the policies on the historic environment in the National Planning Policy Framework 2019 will effectively result in a decision-maker complying with its statutory duties. The Framework forms a material consideration for the purposes of section 38(6). At the heart of the Framework is ‘a presumption in favour of sustainable development’ and there are also specific policies relating to the historic environment. The Framework states that heritage assets are ‘an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations’. The Glossary to the National Planning Policy Framework defines a heritage asset as:

A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing).

The Framework, in paragraph 189, states that:

In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance.

Section 4 of this report – the assessment of significance – meets this requirement and is based on the research and site surveys presented in sections 2 and 3, which are of a sufficient level of detail to understand the potential impact of the proposals.

The Framework also, in paragraph 193, requires that:

When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.

The Framework goes on to state at paragraph 194 that:

Any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting) should require clear and convincing justification.

Section 5 of this report provides this clear and convincing justification.

2 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL The Framework requires that local planning authorities categorise harm as either ‘substantial’ or ‘less than substantial’. Where a proposed development will lead to ‘substantial harm to (or total loss of significance of) a designated heritage asset’, the Framework states, in paragraph 195, that:

… local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply: a) the nature of the heritage asset prevents all reasonable uses of the site; and b) no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and c) conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and d) the harm or loss is outweighed by the benefit of bringing the site back into use.

Where a development proposal will lead to ‘less than substantial harm’ to the significance of a designated heritage asset, the Framework states, in paragraph 196, that:

…this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

The Framework requires local planning authorities to look for opportunities for new development within conservation areas and within the setting of heritage assets to enhance or better reveal their significance. Paragraph 200 states that:

Proposals that preserve those elements of the setting that make a positive contribution to the asset (or which better reveal its significance) should be treated favourably.

3 2.0 Historical Background

2.1 The Development of East Cliff

The site of Marine Square was originally occupied by arable farmlands surrounding a small fishing village that is now known as Brighton Old Town. By the 1760s, the Old Town was nearing capacity and the land to the east of the town began to be developed along East Cliff, principally to meet the demand for new housing and lodgings as Brighton established itself as a seaside resort. The development began in the 1780s, extending to the east of the Old Town, and the layout of the new streets largely followed the pattern of the field drainage systems. The first roads to be constructed were Steine Street, Manchester Street, Charles Street, Broad Street, German Place (now Madeira Place) and New Steine Street.1

There was a lull in development in the 1790s as developers began to build on land to the north and west of the Old Town, and it was not until the 1820s that development reignited eastwards along the seafront. This was principally a result of the increased popularity of the town following the construction of the Royal Pavilion for the Prince Regent in 1815- 1822, together with the development of the seafront promenade, which encouraged speculative developers to build new houses for the upper and middle classes. The seafront promenade, which was essentially an industrial sea wall with a promenade walk known as Marine Parade, had begun to be developed in 1790 by the Old Town and continued to be built eastwards until about 1850.

Thomas Reed Kemp was the first to capitalise on the growing demand for housing and developed a new estate some way to the east of the Old Town and the Royal Pavilion, which was known as Kemp Town. On this land there was greater flexibility in how it could be drained, and the layout of the streets subsequently became more ambitious. Developers sought to reflect the popular squares and curved terraces that were being built by John Nash in Regent’s Street and Regent’s Park in London, which had also been successful at the Royal Crescent in Brighton, built between 1798-1807. Indeed, Kemp’s development began with Sussex Square and Lewis Crescent in 1823-7, which was designed by Charles Augustin Busby and Amon Wilds, with terraces facing onto a large rectangular garden on Sussex Square and a grand semi-circular sweep on Lewis Crescent, which was open to the sea to the south.2

2.1.1 The Design and Construction of Marine Square

Marine Square was built in c.1824-6 during the second wave of development that took place along the seafront. It was commissioned by the speculative developer Thomas Attree, the son of William Attree, a solicitor who also held the posts of the Clerk and Treasurer of the Brighton Town Commissioners, as well as the Clerk of Brighton Vestry. Thomas also trained as a solicitor and on the death of his father in 1810, he took up his positions as the Clerk and Treasurer. Thomas become one of the wealthiest and most influential men in Brighton and at some point before 1820, he bought the Manor of Atlingworth, which came with a large estate.

1 Brighton and Hove City Council. Brunswick Town Conservation Area. 1997 2 Ibid

4 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL The estate included an area of land situated between the Royal Crescent and Kemp Town, which Thomas decided to develop with Marine Square in c.1824, most probably following the establishment of Kemp Town in 1823.3

There are no known original drawings or records relating to the architect of Marine Square, but it was most probably designed by the architects Busby and Wilds, who worked almost exclusively to develop this part of Brighton. The layout of the square is first illustrated in Wallis’s 1836 map in Plate 2.1, which shows that the design of the square was similar to that of Sussex Square and Lewis Crescent, albeit on a much reduced scale.4 At the top of the square there was a central rectangular garden, flanked by three terraces on the north, east and west sides, while the south side was left often to afford views of the sea. To the south of the rectangular garden there was another small semi-circular lawn that was open to Marine Parade, framed by flat-fronted terraces to the east and west. The 1836 map also provides a fairly crude representation of the outline of the buildings on the square, and it shows a central projection on the northern terrace, which probably denotes the existing ground floor colonnade that was later infilled to the east and west and extended with first floor conservatories. The map also illustrates that the land to the north, on what is now St George’s Road, had yet to be developed along with the neighbouring mews, which were subsequently built on a narrow road called Portland Mews between Marine Square and Portland Place. Another mews may have also been intended to enclose the west side of the square, though this road remained undeveloped for some time, as shown on the 1853 map of Brighton [Plate 2.2].5

Marine Square was initially successful at the height of Brighton’s popularity as a seaside resort, but its gradual decline through the 19th century led to many of the houses being converted into schools and guest houses. In the late-19th and early-20th century, several of the houses on the square were converted into flats, a process which accelerated after end of the First World War and continued well into the late-20th century. However, despite the historic changes in the use and occupation of the buildings, the original Regency character and residential use of the square has survived relatively intact.

3 National Archives ‘Archive of Howlett and Clark of Brighton, Solicitors’. Online https://discovery.nationalarchives.gov.uk/details/r/2eec900d-b24d-4234- 9d61-bfc92487e459 4 Wallis’s Royal Edition of Brighton as it is, 1836 (The Keep Archive) 5 Brighton and its environs, 1853 (The Keep Archive)

5 2.1. Wallis’s 1836 map of Brighton showing the early development of Marine Square (The Keep Archive)

2.2. 1853 map of Brighton and its environs showing the expansion of the town around Marine Square (The Keep Archive)

6 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 2.2 The Building: 12a Marine Square

12a Marine Square, which was historically known as 12 ½ Marine Square, was built between 1850-1854 on the site of an original narrow gap or passage situated between the terraces on the north-west corner of the square. There appear to be no archival records relating to the construction the building, but the date of c.1850-2 has been suggested by Roger Amerena of the Brighton and Hove Conservation Advisory Group (CAG), who found that the cobbles/flint used in the bungaroosh construction appear to have originated from Brighton Beach, a practice which was prohibited after c.1850-1. The date was also asserted due to the honey- colour patina on the external brick, which suggests it came from a particular quarry that ceased to produce after c.1850-1. The building is omitted in the 1851 Post Office Directory of Sussex, though that is not to say it was not under construction at this time, but was certainly built by 1854 as it is listed in the street directories from that date. It should be noted that a complete collection of street directories were not available to be consulted at the time this report was written, due to safety measures introduced by The Keep in response to Covid-19, and consequently, the street directories of 1852-3 may shed further light on the date of the building’s construction.6

The plot of 12a Marine Square appears to have been omitted on the first known illustration of the square, contained in Wallis’s 1836 map in Plate 2.1, which depicts a crude outline of the terraces that lined the square.7 This gap is similarly omitted on W. Saunder’s 1850 map of Brighton in Plate 2.3.8 In the absence of any original drawings, it is unclear why a gap was left between the north and west terraces, but one theory is that it may have been used as a passage to bring horses round from rear mews to the front of houses, to avoid stable boys and servants’ using the public entrance off Marine Parade.

A slightly later map of Brighton and its environs, dating to 1853, is the first to illustrate the individual outline of the buildings in the terraces, and whilst the gap between Nos. 12 and 13 is not particularly apparent, it shows that the north and west terraces were constructed at right angles to one another, leaving a large plot that was open to St George’s Road to the north [Plate 2.4].9 Although the date of this map is later the date of construction asserted above, it seems likely the area was surveyed earlier than the date the map was published, which could account for the depiction of the vacant plot. At any rate, No.12a is listed in The Original Brighton and Hove Street Directory of July 1854 by W.J. Taylor, where it is noted to be an unoccupied ‘Furnished House’. The same reference is provided for the neighbouring building of 13 Marine Square.10

By 1859, No.12a is recorded in the Post Office Sussex Directory to have been occupied by the Misses Henderson as a ladies boarding school, together with 13 Marine Square.11 Although there is a five-year gap in the street directories, which should be examined when the archives reopen, it is tempting to speculative whether the unoccupied buildings were taken

6 The street directories listed in this report were consulted via The University of Leicester Special Collections Online 7 Wallis’s Royal Edition of Brighton as it is, 1836 (The Keep Archive) 8 W Saunders’s Stranger’s Guide to Brighton, 1850 (The Keep Archive) 9 Brighton and its environs, 1853 (The Keep Archive) 10 Taylor’s Original Brighton and Hove Street Directory, 1854 (University of Leicester Special Collections Online) 11 Post Office Directory of Sussex, 1859 (University of Leicester Special Collections Online)

7 2.3. W. Saunders’s 1850 map of Brighton (The Keep Archive)

2.4. 1853 map of Brighton showing the vaccant plot at the north-west corner of the square, which was later developed with No.12a (The Keep Archive)

8 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL up together in c.1854 and converted into a school. The early use of the building as a school may also explain the somewhat irregular internal layout of No.12a, as it could have been altered to provide large classrooms, bedrooms or dormitories for boarding pupils on each floor. Indeed, although the internal layout has clearly been altered since the 1850s, the position of the chimneybreast in the centre of the rooms on the south side of the plan would suggest that there were originally single large rooms of equal size on all floors of the building [see existing plan in Plate 2.5]. This would have been an unusual planform for a 19th century residential townhouse, where the second and third floors would have typically been subdivided to create separate bedrooms and dressing rooms. However, it seems unlikely that a partition would have existed to the east, divorcing the views of the square and sea from the main room, or to the west, where a partition is likely to have truncated the chimneybreast. Similarly, in the rooms to the north, there was also a single large chimneybreast in the west wall, which would further suggest there were single heated rooms on this side of the building, though lobbies could have feasibly existed within these rooms to create two cellular rooms. Furthermore, the architectural detail that survives within the interior is of the same detail throughout, without a distinction in hierarchy that would typical of a mid-19th century residential house, which was used to distinguish family rooms from the servants’ quarters.

The ladies school remained in Nos. 12a-13 from c.1859 until the mid-to- late-1870s. The school is recorded in the 1871 census as a ladies boarding school run by a headmistress called Matilda Henderson, accompanied by her sister Barbara.12 At the time of survey, there were also two teachers present including Sarah Seaton, an English teacher, and Ravel Devisine, a French teacher, as well as 10 boarding pupils who came from various locations including England, Wales and the East and West Indies [Plate 2.6].13 There were also 5 servants on site including a cook, two housemaids, a ladysmaid and a needlewoman. The footprint of the building first appears on the second edition of the 1875 Ordnance Survey map in Plate 2.7, which shows that it was built to its current footprint with a narrow frontage onto Marine Square, with a secondary entrance and yard to the north, which was accessible from a narrow alley off St George’s Road.14

On the departure of the school in the mid-to-late-1870s, the occupation of No.12a becomes a little unclear in the absence of a complete collection of street directories. However, the 1878 Post Office Directory of Sussex notes that No.12a was occupied by Mrs Matthews, which suggests that the building had been converted from a school into a private dwelling. Similarly, No. 13 was once again listed as a ‘Furnished House.’15 By 1890, the building was occupied by Mrs Baker, who had renamed it ‘The Nook’.16 In 1893, an advertisement was placed in the Sussex Agricultural Express for a new cook or scullery maid at The Nook in Marine Square, as shown in Plate 2.8, and improvements were made by Mrs Baker shortly after in 1898.17 In this year, Brighton Town Council granted approval for architectural alterations to the front elevation consisting of ‘Proposed New Windows at No.12a Marine Square (The Nook)’, as shown in Plate 2.9.18

12 Census records, 1851 and 1871 (Genealogist) 13 Ibid 14 Ordnance Survey Map, 1:2500, 1875 (London Metropolitan Archive) 15 Post Office Directory of Sussex, 1878 (University of Leicester Special Collections Online) 16 Kelly’s Directory of Sussex, 1890 (University of Leicester Special Collections Online) 17 Sussex Agricultural Express, 6 May 1893 (British Newspaper Archive) 18 Ref: DB/D/8/4489: 12a Marine Square, Brighton, 5 May 1898 (The Keep Archive)

9 2.5. The 1871 Census showing the occupation of Nos.12a and 13 with a ladies boarding school (Genealogist)

2.7. 1875 Ordnance Survey Map showing the early footprint of No.12a, including the narrow alleyway off St George’s Road (London Metropolitan Archive)

2.8. 1893 advertisement for a new cook or scullery maid at No. 12a, which had been renamed The Nook (British Newspaper Archive)

10 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 2.6. Existing floor plans of 12a Marine Square showing the irregular internal layout, 2020 (John Whiting Architect)

11 2.9. 1898 development plan showing the replacement of the windows and application of new architectural detail on the front elevation of No. 12a (The Keep Archive)

12 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL However, the front elevation was effectively redesigned from the first to third floors. The original mid-19th century sash windows were removed and replaced with Victorian-style casements with fixed multi-pane overlights, and the existing window openings on the second and third floor were increased in size. The elevation was also rebuilt or re-rendered with Portland Cement, together with the application of new architectural mouldings between the second and third floor.

Over the course of the early-20th century, the building was inhabited by various different occupants. The 1901 census records that the building was occupied by a woman called Emma Fenstow, who is listed as living on her own means together with a general domestic servant.19 However, she was quickly replaced by Mrs Bristow in 190520, followed by Harriet Mason, who was declared bankrupt while living at No. 12a in June 1908.21 The building was subsequently occupied by Elsie Owens, who was listed in the 1911 census with her two daughters, but by the 1922 census she had been replaced by a man named Sidney Thomas.22

There is very little archival information to indicate whether any architectural changes were made to the building over the course of the early-to-mid-20th century, but the footprint of the building is unchanged on the 1897, 1911 and 1930 Ordnance Survey Maps. The building was also photographed in 1947, and these photos show that no changes had been made to the front elevation following the alterations carried out in 1898 [Plates 2.10 and 2.11].23

Over the course of the late-20th and early-21st century, several planning and listed building consent applications were approved for various alterations to the building, but the historic plans were unavailable at the time of writing, as Brighton and Hove City Council Planning Archive closed due to the lockdown restrictions relating to Covid-19. Nevertheless, the decision notices record that in 1966, alterations were approved to the internal layout of No. 12a, together with the provision of an external fire-escape ladder, which was fixed to the exterior of the north wall.24 A second application made in 1970 lists the existing use of the building as a guest house, which suggests that the 1966 alterations may have been carried out for this purpose, but in 1970 the building was approved to be converted into flats. It seems likely the existing modern partitions that subdivide the original layout were inserted at this time, together with the kitchens and bathrooms on all four floors of the building. The Victorian casements and architectural mouldings on the second and third floor were also replaced at some point after the photograph taken in 1947, and it seems likely these alterations were also carried out at this time, together with the replacement of the original roof tiles with the existing modern cement tiles.

19 Census records, 1901 (Genealogist) 20 Kelly’s Directory of Sussex, 1905 (University of Leicester Special Collections Online) 21 Sussex Agricultural Express, June 1908 (British Newspaper Archive) 22 Census records, 1922 (Genealogist) 23 Photographs of the north and west sides of Marine Square, 1947 (Historic England Archive) 24 Decision notices for all planning and listed building consent applications relating to 12a Marine Square (Brighton and Hove City Council Planning Archive)

13 2.10. 1947 photograph showing the north-west corner of Marine Square (Historic England Archive)

2.11. 1947 photograph showing the front elevation of No. 12a, which retained the 1898 Victorian casements at this time (Historic England Archive)

14 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL In 2005, approval was granted for internal alterations to the second floor flat, including the removal of a modern partition in the south room, which appears to have reinstated the original open layout, while the bathroom on the north side was enlarged. In 2009, the 1966 fire escape ladder was removed from the north elevation [Plate 2.12].25

More recently, the rear or west wall of the building, which is constructed of mid-to-late-19 th century bungaroosh, became structural unstable. This appears to be due to a number of reasons, including changes that were carried out over the course of the late-20th and early-21st century. A timeline of these changes is listed below, together with a summary of their impact on the western wall. These works were carried out prior to the involvement of the client, who bought the building in October 2020, and the involvement of Donald Insall Associates.26

• In the c.1970s, the original roof tiles were replaced with cement tiles, which added considerable weight to the structural partitions and external walls of the building. • In 2003, the western chimneystack partly collapsed at the top of the roof, which was rebuilt in breeze block up to the eaves, but it was not rebuilt above the roofline. The collapse caused some bulging in the western wall, but the damage was repaired with new brick and bungaroosh. • Between 2009-2013, the existing windows in the west wall were replaced with new upvc windows, other than for two sash windows that were retained at ground and second floor level. These windows were installed without consent, prior to the involvement of the client or Donald Insall Associates. This caused cracking around the window openings, which has extended downwards with time. • In August 2016, the northern section of the wall collapsed into the garden of the neighbouring public house - the Barley Mow. A scaffold was subsequently erected and a strongboy prop was inserted into the hole in the wall, which was supported off a scaffold and weather protected with plywood and tarpaulin. This scaffold and strongboy prop with weather protection are still present. • In July 2019, a structural survey was carried out by Dixon Hurst Kemp Engineers, which observed that the outer layer of bungaroosh had delaminated from the brick chimneybreast behind, and that this chimneybreast was in poor condition with degraded and weak lime mortar. The report also noticed further movement in the rear wall, and openings made in the stairwell revealed that the flanking timber partitions were no longer adequately tied into the west flank wall. This report concluded that the existing wall had to be rebuilt. • In August 2019, a planning and listed building consent application was submitted for the demolition and reconstruction of the wall, faced in external render. This application was withdrawn following objections received from officers at Brighton and Hove City Council.

25 Ibid 26 This timeline has been extracted from the accompanying Structural Statement by HOP.

15 2.12. 2009 approved drawing showing the removal of the 1966 fire escape from the north elevation (Brighton and Hove City Council Planning Archive)

16 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL • Between October-November 2019, a temporary scaffold was designed by HOP engineers to prevent further outward movement and collapse, which included external horizontal walings. These were installed in February 2020 as emergency stabilising works. During the works, the wall continued to move and the tenants of the building were evacuated for safety. In order to stabilise the wall, emergency scaffold ties were inserted into the stairwell, together with buttressing across the garden of the neighbouring public house. • In September 2020, the previous owner put the building up for sale and it was bought by Copse Mill Wright. The wall is presently stable following the ties and buttresses added in February 2020, but the accompanying structural statement by HOP demonstrates that the wall is in urgent need of reconstruction.

In March 2021, an application to rebuild the structurally unsound west elevation was approved, in association with changes to the internal layout on the first, second and third floors.

2.3 Relevant Planning History27

66591 1966 Approved Internal alterations and provision of back wall ladder.

68-8000 May 1968 Refused Non-illuminated advert sign.

70-2287 November 1970 Approved Conversion of guest house into flats.

BH2005/00526/LB April 2005 Approved Flat 3: Internal alterations. Remove partition walls to make kitchen/lounge and extend bathroom.

BH2008/03213 January 2009 Approved Removal of 3 storey steel fire escape to the rear elevation.

BH2019/02473 August 2019 Withdrawn + BH2019/02472 Installation of structural bracing to west wall using scaffold to prevent further movement, proposed rebuilding of west wall replacing existing bungaroosh and brick wall with new white rendered wall.

BH2020/03456 March 2021 Approved + BH2020/03457 Demolition and rebuilding of the rear western wall, and associated internal and external repairs and refurbishment works.

27 Decision notices for all planning and listed building consent applications relating to 12a Marine Square (Brighton and Hove City Council Planning Archive)

17 2.4 Sources and Bibliography

Archives

Brighton and Hove City Council Planning Archives Decision notices for all planning and listed building consent applications relating to 12, 12a and 13 Marine Square. Please note that for applications pre-dating 2009, the development drawings were not available as the planning archives were closed due to the outbreak and lockdown restrictions pertaining to Covid-19

Britain from Above Aerial photos of Marine Square, 1926, 1927, 1936, 1937

British Newspaper Archive Sussex Agricultural Express, 6 May 1893, June 1908

Genealogist Census records, 1851, 1871, 1881, 1901, 1911, 1922

Historic England Archive Photographs of the north and west sides of Marine Square, 1947

London Metropolitan Archives Ordnance Survey Maps, 1:2500, 1875, 1897, 1911, 1930, 1953, 1973

The Keep Archive Ref: DB/D/8/4489: 12a Marine Square, Brighton, 5 May 1898

Maps:

Wallis’s Royal Edition of Brighton as it is, 1836 W Saunders’s Stranger’s Guide to Brighton, 1850 Brighton and its environs, 1853

University of Leicester Special Collections Online Pigot’s Sussex Directory, 1832, 1833, 1834, 1839 Taylor’s Original Brighton and Hove Directory, 1854 Post Office Directory of Sussex, 1851, 1859, 1866, 1878 Kelly’s Directory of Sussex, 1890, 1899, 1905, 1911, 1915

Published Sources

Books and Articles Pevsner, N. Buildings of England: Sussex Salzman, L. F. (ed.). ‘The borough of Brighton’ in A History of the County of Sussex: Volume 7, the Rape of Lewes. 1940, pp. 244-263 Brighton and Hove City Council. Brunswick Town Conservation Area. 1997 HOP Structural Engineers and Consultants, 12a Marine Square, Brighton: Report on Structural Condition of Western Flank Wall. November 2020

Websites The Regency Townhouse ‘Local History’. Online http://www.rth.org. uk/local-history National Archives ‘Archive of Howlett and Clark of Brighton, Solicitors’. Online https://discovery.nationalarchives.gov.uk/details/r/2eec900d- b24d-4234-9d61-bfc92487e459

18 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.0 Site Survey Descriptions

3.1 The Building

12a Marine Square was constructed between c.1850-4 on the site of an original narrow gap or passage situated between the terraces on the north-west corner of the square. The building was originally built with a Regency-style frontage to match the other buildings on the square. However, the front elevation was re-faced in 1898 when Victorian casements were added on the first to third floors, and the elevation was also re-faced in new render incorporating new architectural mouldings. The elevation was altered again in the late-20th century when the second and third floor windows were replaced new sashes, the windows on the first floor were altered with new glass, and the upper floors of the front elevation were once again re-faced with plain render. The side or north elevation of the building is rendered, with a small lightwell opening onto a rear yard with paired vaults, and the rear or west wall is constructed of exposed bungaroosh. The west wall is currently being rebuilt following seriously structural instability, in accordance with approved applications BH2020/03456 + BH2020/03457.

3.2 The Building Externally

3.2.1 Front (East) Elevation

The front elevation of the building faces onto the north-west corner of Marine Square [Plate 3.1]. The frontage is extremely narrow as it occupies an original gap or passage that existed between the north and west terraces. The ground floor of the frontage is set back, flush with No. 12 behind a small lightwell, but the entrance steps, first floor balcony, second and third floor windows project forward and truncate the corners of the front elevations of 12 and 13 Marine Square.

At lower ground floor level, the lightwell is scarcely visible from the street as it is concealed by the ground floor entrance steps and is enclosed with modern railings, but the elevations are rendered and painted and there is a detracting upvc door in the east wall. At ground floor level, there is a set of seemingly original curved entrance steps that are enclosed with spear-headed iron railings. The steps have been clad in inappropriate cement render that has cracked in multiple places, and the whole staircase is in need of repair [Plate 3.2]. At the top of the stairs there is a three-panel entrance door with applied boards to both the outer and inner face of the door, which suggests that there may be a historic door underneath. Either side of the door are oblong side lights, though the glass in the northern light has been removed, and a square fanlight above the door with original glass. The entrance door also has a flat-headed opening, which contrasts with the arched-headed openings on the original houses in the square.

At first to third floor, the front elevation was re-faced in 1898, as shown in Plate 2.9. However, the original curved first floor balcony and railings were retained, which match the railings on No. 13, but the round bay window was removed and replaced with a canted bay. The current bay window has a different footprint to that shown on the 1898 drawing, which would suggest that it has been altered or was built to a slightly different

19 3.1. The front elevation of 12a Marine Square showing the modern 3.2. The cement rendered and cracked front entrance steps, which are in windows and render on the second and third floors, 2020 (Donald Insall need of repair, 2020 (Donald Insall Associates) Associates)

3.3. The third floor of the north elevation, which is visible from the north- 3.4. The northern basement lightwell and modern metal balustrade to the east side of St George’s Road, 2020 (Donald Insall Associates) original lightwell stairs, 2020 (Donald Insall Associates)

20 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL arrangement, and the French doors and central overlight were replaced in the late-20th century with clear glass panes, which detract from the overall composition. In addition, the cornice and flashing on the roof of the bay window are in a poor condition and the whole structure is in need of repair. On the second and third floors, the Victorian casements were replaced in the late-20th century with two-over-two pane sash windows, which are of no significance. Modern cement render appears to have been re-applied to the front elevation, together with an inappropriate dark-coloured render or flashing over the parapet.

3.2.2 Side (North) Elevation

The side elevation of the building faces north onto a small lower-ground floor lightwell and yard, which is accessible from a narrow alleyway off St George’s Road and enclosed from it with a rendered brick wall with a modern door. This elevation is largely concealed in public views within the surrounding townscape and conservation area, but the third floor and roof are visible from the north-east side of St George’s Road, and angled views are also afforded from the public beer garden of The Barley Mow. The whole of the elevation is rendered [Plate 3.3]. At lower ground floor level there is an original lightwell with original stone stairs, which are of high significance, but a poor-quality replacement metal balustrade detracts from their appearance. Within the lower ground floor of the north elevation there are two modern windows, which detract from the coherence of the composition due to their lack of glazing bars, and a modern entrance door to the east, which is of no significance [Plate 3.4]. At ground level the yard is unkempt and in need of refurbishment, and the original sash window to the east has been replaced with a poor-quality modern door and overlight, which detract from the original composition [Plate 3.5]. An original sash survives to the west, which is of high significance, but is also in need of refurbishment [Plate 3.6]. On the first and second floor there are paired sash windows with rendered and painted cills, but all of the windows are modern aside from the east window on the first floor, which retains the top pane of an original sash, but the bottom pane has been replaced with a detracting modern casement. On the third floor the lower panes of the original sashes have similarly been replaced with modern casements [Plate 3.3].

3.2.3 Rear (West) Elevation

The west elevation faces onto the narrow alley off St. George’s Road and is constructed of bungaroosh set into 7 decorative bays. The bays are defined by vertical rows of structural bricks with quoins to create a patterned effect in the wall, and there are also horizontal bands or courses of brick on each floor between areas of flint and lime mortar.

The west wall is structurally unsound and has been since at least 2016. Following approval of applications BH2020/03456 + BH2020/03457, the west elevation is currently being dismantled and rebuilt in accordance with that permission. Prior to its reconstruction, at the start of 2021 it was being supported by temporary ties and props, as well as a full scaffold, which made it difficult to assess the elevation as a whole at the time of survey [Plate 3.7]. However, views from the scaffold show that on the lower ground floor, the original lightwell has been boarded over, and the elevation has been faced in modern cement render, together with part of the ground floor [Plate 3.8]. There are also patches of visually detracting cement render throughout the elevation, which appear to have been applied to hold the bungaroosh together [Plate 3.9], as well as several poor-quality bungaroosh repairs [Plate 3.10]. In the centre of the elevation,

21 3.5. The unkempt northern yard and lightwell, as well as the modern door 3.6. The original ground floor sash window that survives in the northern in the location of an original sash window, 2020 (Donald Insall Associates) elevation, 2020 (Donald Insall Associates)

3.7. The temporary ties, props and scaffold supporting the structurally 3.8. The modern cement render concealing the lower ground and part of unstable western elevation, 2020 (Donald Insall Associates) the ground floor of the western elevation, 2020 (Donald Insall Associates)

22 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL a seemingly original cast-iron downpipe has been constructed or set in the wall, which is now encased in modern cement render and covered in rust [Plate 3.11]. At roof level, the top of the western chimneystack collapsed in 2003 and the elevation has been badly rebuilt in modern brick, though the interior of the stack was rebuilt in breeze-block [Plate 3.12].

The windows at the rear of the stairwell, and those on the first and third floor, have been replaced with unconsented and visually detracting upvc casements. Only one original window survives on the ground floor, which is of high significance, and there is a modern timber sash in an original opening on the second floor, but this is of no significance in terms of its individual fabric. There is also a small modern casement window that appears to have been inserted at the rear of the ground floor, which detracts from the original composition of the western elevation.

3.2.3 Roof

The roof is an original mid-19th century pitched and hipped roof, but the original tiles have been replaced with modern cement tiles that detract from the appearance of the listed building. The weight of these tiles has also contributed to the structural instability of the west wall, as detailed in the accompanying Structural Statement by HOP.

23 3.9. The detracting areas of cement render that have been applied over 3.10. The poor-quality patch repairs to the original bungaroosh on the the original bunagroosh finish on the second floor of the western wall, western elevation at third floor level, 2020 (Donald Insall Associates) 2020 (Donald Insall Associates)

3.11. The original or historic cast-iron downpipe that has been built or set 3.12. The poor quality modern brick and bungaroosh repairs around into the west elevation, now encased with modern cement render, 2020 the eaves of the roof on the western elevation, 2020 (Donald Insall (Donald Insall Associates) Associates)

24 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.3 The Building Internally

The interior of 12a Marine Square has been greatly altered and in the absence of any original or historic development plans, it is difficult to determine the building’s original layout. However, as No.12a appears to have originally been occupied by a school, the plan form appears to have been set around single large rooms suited to classrooms, bedrooms or dormitories for boarding pupils. Indeed, the distribution of the surviving chimneybreasts would suggest that the building had single large rooms on the south side of the plan on all floors of the building, while the northern rooms could have similarly been arranged as one large room, or divided with a lobby to create two rooms, though the eastern room would have been unheated.

In 1970, No.12a was converted into flats and most of the existing plan form and internal fabric and appears to date from that period, aside from three original rooms defined by their cornices on the ground floor, together with the main staircase. This modern fabric, which includes intrusive partitions subdividing the seemingly original large rooms and original stairwell, is of no significance.

The following section should be read in conjunction with the numbered floor plans and date plans. It is also important to note that the scheme consented in March 2021 for the rebuilding of the western elevation and alteration / refurbishment of the first to third floors will soon be implemented. The internal layout and finishes will therefore be altered in the immediate future in accordance with that permission [application refs: BH2020/03456 + BH2020/03457].

3.3.1 Staircases

ST1 Principal external entrance stairs. These appear to be the original stone stairs with spear-headed metal railings, though the treads and risers have been encased in modern cement render, which has cracked in multiple places. The cause of the cracking should be investigated and the stairs repaired as necessary.

ST2 Main staircase and landings. The stair is mostly original and of high significance, though the balustrade has been replaced between the lower ground and ground floor with a solid masonry wall, which was presumably added in the mid-to-late 20th century when the building was converted into a guest house or flats, in order to comply with fire regulations. On the lower ground floor, fragments of the original closed string and the base of the newel post survive under the modern wall [Plate 3.13], but on the ground floor the balustrade appears to have been wholly replaced [Plate 3.14].

On the upper floors, the stair is original with timber treads and risers and an original balustrade composed of timber stick balusters set on an open string with a rounded mahogany handrail. Several of the balusters are damaged and in need of repair, and several of the original newel posts have also been replaced with inappropriate modern fittings [Plate 3.15]. On the half landings between the ground and third floor, there are original window openings with original panelled aprons, which are of high significance, but all of the windows are unconsented and visually detracting uPVC casements. On the main landings, the staircase compartment has been subdivided with modern partitions that enclose the entrances to the flats, which detract from the original layout and appearance of the listed

25 3.13. The solid modern wall that has replaced an original balustrade on 3.14. The modern partition truncating the ground floor of the original the lower ground floor of the internal staircase in ST2, 2020 (Donald Insall stairwell in ST2, 2020 (Donald Insall Associates) Associates)

3.15. The modern newel post on the second floor of the staircase in ST2, 3.16. The modern first floor partition that subdivides the original stairwell 2020 (Donald Insall Associates) in ST2, 2020 (Donald Insall Associates)

26 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL building [Plate 3.16]. On the third floor, the partition has also replaced the original staircase balustrade, which appears to have originally returned around the opening of the well [Plate 3.17].

The rear wall of the staircase compartment, which is built in bungaroosh, is structurally unsound and is currently being tied to the building with temporary supports, braces and props [Plate 3.18].

ST3 Secondary external entrance stairs accessed from the rear yard and alleyway off St George’s Road, which was presumably the original servants’ entrance. Original stone stairs with detracting modern metal balustrade [Plate 3.19].

27 3.17. The modern third floor partition that has replaced the original 3.18. The rear wall of the staircase compartment is structurally unsound staircase balustrade and truncated the original stairwell in ST2, 2020 and is currently tied to the building with temporary structure, 2020 (Donald Insall Associates) (Donald Insall Associates)

3.19. The original northern lightwell stairs in ST3, which has a detracting replacement balustrade, 2020 (Donald Insall Associates)

28 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.4.2 Lower ground floor

There is a modern concrete floor throughout the lower ground floor.

LG1 Hallway. Modern tiled floor, modern skirting, no cornice. ST2 is original but the balustrade has been replaced with a detracting solid masonry wall. Modern six-panel doors and architraves to LG2 and LG4, modern narrow four-panel door to LG7 and no door to LG6.

LG2 Living/dining room, presumably the original kitchen [Plate 3.20]. Modern six-panel door and architrave from LG1. All is modern ad of no significance aside from a large brick chimneybreast in the west wall, though the lintel has been raised at a later date. Modern concrete floor, no skirting. Modern door in the north wall opening onto the rear yard, together with two late- 20th century fixed-glazed windows, which detract from the appearance of the listed building. The underside of the window to the east has been boarded out in poor-quality chip board.

LG3 Rear lightwell and basement vaults. This area presumably functioned as the original servants’ entrance, with a lightwell to provide natural light into the kitchen in LG2 and give access into the coal stores on the north side of the lightwell. The lightwell and stairs in ST3 are both rendered and painted, but the paint is in a poor condition and the whole area is unkempt and is in need of restoration. The two basement vaults are original, but both are tanked and painted; the vault to the west has no door but the vault to the east has a modern glazed door [Plate 3.21] To the south there are two poor-quality modern windows to LG2, which detract from the original appearance of the listed building.

LG4 Bedroom. Modern six-panel door and architrave from LG1. All is modern and of no significance aside from a blocked chimneybreast in the south wall, which has been truncated with a modern partition enclosing LG5 and LG6. Modern concrete floor, plain modern skirting and no cornice. To the east there is a modern upvc door to an area under ST1, and to the west there are two modern doors and architraves to LG5 and LG6.

LG5 Store. Modern six-panel door and architrave. Plain room with completely modern fittings of no significance including a upvc window in the east wall [Plate 3.22]. The window has been blocked and subdivided by the modern partition between LG5 and LG6. Partly damaged ceiling shows surviving lath and plaster under modern finishes.

LG6 Bathroom. Modern six-panel door and architrave from LG4 and modern opening from LG1, but no door. Plain room with completely modern fittings of no significance including a upvc window in the west wall [Plate 3.23]. The window has been blocked and subdivided by the modern partition between LG5 and LG6.

LG7 W.C. Modern four-panel door and architrave from LG1. Plain room with completely modern fittings of no significance. The rear wall and ceiling of this room is currently braced and supported with props [Plate 3.24].

29 St2 St2 F6 F3 St2 S4 T6 F4 S3 T4 T3 F5 S5 T1 T2 F2 F1 S1 S2 T5

LG7 G5 G6 G4 LG5 LG3 G2 LG6 St3 St3 LG2 G3 St2 G7 St2 LG4 G1 LG1 G8 St1

3.20. The modern finishes in what appears to have been the original kitchen in LG2, 2020 (Donald Insall Associates)

30 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.21. The tanked original vault on the west side of the lightwell in LG3, 3.22. The plain modern finishes and modern wall dividing a window in the 2020 (Donald Insall Associates) west wall of LG5, 2020 (Donald Insall Associates)

3.23. The modern bathroom and wall dividing a window in the west wall of 3.24. The modern toilet and temporary restraints in LG7, 2020 (Donald LG6, 2020 (Donald Insall Associates) Insall Associates)

31 3.4.3 Ground floor

G1 Entrance hall. The entrance door appears to have been boarded over with applied mouldings on the outer face and plain board to the inner face, and so a historic door may survive underneath. The architrave appears to date to the mid-to-late-19th century with a square-glazed fanlight.

The interior of the entrance hall has an original decorative cornice, which is of high significance, and some sections of original skirting [Plate 3.25]. There are detracting built-in cupboards on the south wall and an original architrave in the north wall to G2. The door has been boarded over on both sides, but a historic door may survive underneath.

G2 Hallway. Original egg and dart cornice and some sections of original skirting, both of which are truncated by a modern partition enclosing the ground floor flat, which visually detracts from the original appearance of the hallway and the layout of the listed building. All else is modern and of no significance including plain doors to G4 and G5, modern skirting, carpet and the solid masonry wall enclosing the lower ground floor flight of the staircase in ST2.

G3 Bedroom. Plain modern door and architrave from G2, which are of no significance. Original features of high significance include the cornice, sections of original skirting, blocked original chimneybreast in the south wall and original 6-over-6 sash and architrave in the west wall, with a panelled apron [Plate 3.26]. Picture rail is likely to be late-19th or early- 20th century. To the north there is a modern 3/4 height wall enclosing the bathroom in G4, which detracts from the original layout.

G4 Bathroom. Modern door and architrave from G2 and modern bathroom fittings, which are of no significance. This room has been created by the insertion of new partition in the original extent of room G3.

G5 Corridor. All is modern, including the window in the west wall, aside from a section of cornice that survives at the north-west end of the corridor, in what is likely to have been a single room comprised of G5, G6, G7 and G8 [Plate 3.27]. The same cornice also partly survives in G8 and these sections could be used to inform a scheme of restoration.

G6 Bedroom. This room is likely to have originally comprised a single room with the north section of corridor in G5 and the rooms in G7 and G8, but it is now subdivided with detracting modern partitions. To the north there is an original six-over-six sash window and architrave, which are of high significance, and to the west there is a blocked original chimneybreast, but all else is modern including the partitions, cornice, skirting, door, architrave and picture rail, which are of no significance. The south partition also detracts from the original layout as it truncates the western chimneybreast.

G7 Bedroom. This room is likely to have originally comprised a single room with the north section of corridor in G5 and the rooms in G6 and G8, but it is now subdivided with detracting modern partitions. To the north there

32 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL St2 St2 F6 F3 St2 S4 T6 F4 S3 T4 T3 F5 S5 T1 T2 F2 F1 S1 S2 T5

LG7 G5 G6 G4 LG5 LG3 G2 LG6 St3 St3 LG2 G3 St2 G7 St2 LG4 G1 LG1 G8 St1

3.26. The original sash window, panelled architrave, apron and cornice in G3, 2020 (Donald Insall Associates)

33 is an original window opening and architrave, which would have matched that in G6, but the original window has been removed and replaced with an inappropriate and visually detracting modern door linking with the corridor in G8 [Plate 3.28]. All else is modern including the partitions, cornice, skirting, door, dado panelling and picture rail, which are of no significance.

G8 Corridor. This room is likely to have originally comprised a single room with the north section of corridor in G5 and the rooms in G6 and G7, but it is now subdivided with modern partitions. Modern door and architrave from G2 and intrusive and detracting modern door to the north, which exits through an original window opening in G7. The corridor has a suspended ceiling but the original cornice partially survives above, which is visible within the void [Plate 3.29]. The same cornice also partly survives in G5 and these sections could be used to inform a scheme of restoration.

34 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.25. The original ground floor entrance hall in G1, which retains an 3.27. The original cornice that survives in the corridor of G5, 2020 original cornice, 2020 (Donald Insall Associates) (Donald Insall Associates)

3.28. The detracting modern corridor and door in the location of an 3.29. The original cornice that survives above a suspended ceiling in original window in G7, 2020 (Donald Insall Associates) G8, which is likely to have formed a single room with G5, G6 and G7, 2020 (Donald Insall Associates)

35 3.4.4 First floor

F1 Landing. Late-20th century visually detracting partition with glazed upper section, which truncates the original landing of the stairwell in ST2 and also subdivides an original cornice. Modern doors to F2 and F5 that are of no significance.

F2 Bedroom. To the north there is an original window opening and architrave with a panelled apron, together with the top pane of the original six- over-six sash window, but the bottom pane has been replaced with a visually detracting timber casement [Plate 3.30]. All else is modern including the partitions, cornice, skirting, door and architrave, which are of no significance.

F3 Bedroom. To the north there is an original window opening, but the sash has been replaced with a modern post 2009 (see Plate 2.12) four-over- four pane sash window, which is of no particular significance. To the west there is also a blocked original chimneybreast, which is truncated by the detracting modern partition between F3 and F4. All else is modern including the partitions, cornice, skirting, door and architrave, which are of no significance.

F4 Bathroom. To the west there is a modern riser, but behind this there are remains of the original lath and plaster over the rear wall, as well as the corner of the truncated chimneybreast between rooms F3 and F4. All else is modern including the partitions, bathroom fittings, skirting, door and architrave, which are of no significance.

F5 Living/dining room. This room is likely to have originally comprised a single room with F6. There is a blocked original chimneybreast to the south, which is truncated by the detracting partition to F6, and to the west there is an altered late-19th century canted bay window, which is presumably what survives of the window approved in 1898, as shown in Plate 2.9. However, the footprint of the window is different to that shown on the plan, which suggests that it may have been altered, and the windows and doors have all been replaced apart from two glazed overlights [Plate 3.31].

Elsewhere there are some sections of original timber skirting, but the majority of the room has modern finishes of no significance including the door and architrave from F1 and a modern picture rail. There is also a poor quality cornice that detracts from the original mid-19th century character and appearance of the listed building [Plate 3.32].

F6 Kitchen. This room is likely to have originally comprised a single room with F5. All is modern and of no significance aside from the original architrave and panelled apron around the modern upvc window in the west wall [Plate 3.33].

36 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL St2 St2 F6 F3 St2 S4 T6 F4 S3 T4 T3 F5 S5 T1 T2 F2 F1 S1 S2 T5

LG7 G5 G6 G4 LG5 LG3 G2 LG6 St3 St3 LG2 G3 St2 G7 St2 LG4 G1 LG1 G8 St1

3.31. The 1898 bay window, which has since been altered with modern doors and replacement glass in F5, 2020 (Donald Insall Associates)

37 3.30. The part original sash window and architrave in F2, 2020 (Donald 3.33. The modern window and altered original architrave and panelled Insall Associates) apron in F6, 2020 (Donald Insall Associates)

3.32 The modern partition that truncates the original chimneybreast in F5, together with the detracting modern cornice, 2020 (Donald Insall Associates)

38 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.4.5 Second floor

S1 Landing. Late-20th century visually detracting partition with glazed upper section. The partition truncates the original landing of the stairwell in ST2 and also subdivides an original cornice, though the latter has been replaced beyond the partition within the landing of the flat [Plate 3.34]. Two original architraves of high significance to S2 and S5, which suggest these are the original location of the doorways, though the doors are modern replacements of no significance.

S2 Bedroom. Modern door of no significance but original architrave of high significance. To the north there is an original window opening with an original architrave and panelled apron, but the sash is a modern double- glazed replacement with a modern glazing bar pattern that is of no significance. All else is modern including the cornice and skirting, which are of no significance.

S3 Bedroom. Modern door and architrave of no significance. To the north there is an original window opening with an original architrave and panelled apron, but the sash is a modern double-glazed replacement with a modern glazing bar pattern that is of no significance. All else is modern including the cornice and skirting, which are of no significance, and there is a detracting partition between S3 and S4 which truncates an original chimneybreast in the west wall [Plate 3.35].

S4 Bathroom. Modern door and architrave. All is modern including the bathroom fittings, cornice and skirting, which are of no significance, and there is a detracting partition between S3 and S4 which truncates an original chimneybreast in the west wall [Plate 3.36].

S5 Living/dining room. This room appears to be in its original layout with an original architrave from S1, but the door is a modern replacement. All of the internal fittings are also modern and of no significance aside from an original chimneybreast in the south wall, and an original architrave and panelled apron to the west window [Plate 3.37]. The modern fittings include a modern cornice, downlights, double-glazed sash windows to the east and west and a poor-quality replacement chimneypiece [Plate 3.38].

39 St2 St2 F6 F3 St2 S4 T6 F4 S3 T4 T3 F5 S5 T1 T2 F2 F1 S1 S2 T5

LG7 G5 G6 G4 LG5 LG3 G2 LG6 St3 St3 LG2 G3 St2 G7 St2 LG4 G1 LG1 G8 St1

3.34. The original cornice in the stairwell to the left and the modern replacement cornice in S1 to the right, 2020 (Donald Insall Associates)

40 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 3.35. The modern cornice and blocked original chimneybreast in S3, 3.36. The modern cornice and bathroom fittings in S4, 2020 (Donald 2020 (Donald Insall Associates) Insall Associates)

3.37. The modern window but original architrave in S5, together with the 3.38. The modern cornice and poor-quality chimneypiece in S5, 2020 modern open-plan kitchen, 2020 (Donald Insall Associates) (Donald Insall Associates)

41 3.4.6 Third floor

T1 Landing. Late-20th century visually detracting partition that truncates the original landing of the stairwell in ST2. It also appears to have replaced the rear section of the staircase balustrade, which would have run around the length of the stairwell.

T2 Bedroom. Modern door and architrave of no significance. It is likely that the wall dividing T2 and T3 is modern, as it truncates the northern window in T2 [Plate 3.39]. To the north there is a damaged original window architrave and panelled apron, though the panels have been boarded over. The top pane of the original sash has also been retained, but the lower half of the window has been replaced with a visually detracting modern casement. All else is modern including the door, architrave, cornice and skirting, which are of no significance.

T3 Kitchen. Original four-panelled door, which has been relocated from its original position to this new opening, and modern architrave of no significance. To the north there is an original window opening, but the architrave is modern and the bottom pane of the sash has been replaced with a visually detracting modern casement [Plate 3.40]. All else is modern including the door, architrave, cornice and skirting, which are of no significance, and there is a detracting modern partition between T3 and T4 which truncates an original chimneybreast in the west wall.

T4 Bathroom. Modern door and architrave of no significance. All is modern including the bathroom fittings, cornice and skirting, which are of no significance, and there is a detracting partition between T3 and T4, which truncates an original chimneybreast in the west wall.

T5 Bedroom. Original architrave and four-panelled door from T1, which is likely to have been the original entrance to a large room now occupied by T5 and T6 [Plate 3.41]. All else is modern including the cornice, skirting, a late-20th century sash window to the east and what appears to be a modern partition to the west, which are of no significance.

T6 Living room. Original four panelled door and inner face of original architrave, modern architrave to T1. This door is thinner than the rebate of the architrave, which suggests that the two elements have been removed from their original positions and combined to form this new opening. This room is likely to have been a larger room comprised of T5 and T6, but it appears to have been subdivided with a modern partition [Plate 3.42]. To the west there is an original window opening with an architrave and panelled apron, but the window is a modern replacement that is of no significance [Plate 3.43]. All else is modern including the cornice and skirting, which are of no significance, but an exposed piece of fabric on the western rear wall indicates there is historic lath and plaster under the modern finishes.

42 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL St2 St2 F6 F3 St2 S4 T6 F4 S3 T4 T3 F5 S5 T1 T2 F2 F1 S1 S2 T5

LG7 G5 G6 G4 LG5 LG3 G2 LG6 St3 St3 LG2 G3 St2 G7 St2 LG4 G1 LG1 G8 St1

3.39. The partition truncating an original window architrave in T2. The 3.40. The modern cornice and window architrave in T3, though the window has been partly replaced with a modern casement, 2020 (Donald panelled apron is original, 2020 (Donald Insall Associates) Insall Associates)

43 3.42. The modern cornice and blocked chimneybreast in T6, 2020 (Donald Insall Associates)

3.41. An original 19th century architrave and four-panelled door in T5, 2020 (Donald Insall Associates)

3.43. The original window archirave and panelled apron in T6, 2020 (Donald Insall Associates)

44 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 4.0 Assessment of Significance

4.1 The Listed Building: 12a Marine Square

12a Marine Square, which was historically known as 12 ½ Marine Square, is a later infill building built between c.1850-1854 on the site of an original narrow gap or passage situated between the terraces on the north-west corner of Marine Square. In the absence of any original archive drawings, it is not known who designed or constructed the building, but it appears to have been erected as a speculative townhouse with a rendered Regency-style elevation to Marine Square with multi-pane sash windows, and bungaroosh elevations to the rear. Despite the building’s original construction as a townhouse, it appears to have been quickly converted into a ladies boarding school in tandem with 13 Marine Square, who occupied the site from c.1859-c.1876. The building was later occupied as a private house, followed by a guest house in the mid-20th century, but in the 1970s it was converted into flats.

No.12a is historically significant for its role in the early-to-mid-19th century development of Marine Square, as it was constructed at a time when space was at a premium in the fashionable Regency squares centred along the seafront, which chart the history and development of this part of Brighton and Hove.

The building is also of architectural or aesthetic significance, though it has been greatly altered and some parts of the building are of greater significance than others. The primary architectural significance principally resides in the external elevations. However, while the front elevation is the most prominent, it has suffered from a number of poor quality alterations that detract from the appearance of the building and its group value with the neighbouring terraces, which it was originally designed to complement. The alterations have included the over-boarding of the front entrance door; the replacement of the first floor bay window in 1898, which has since been altered again with new windows that detract from the overall composition; the enlargement of the size of the second and third floor windows and their replacement with historically incorrect post-war sashes, and the cement rendering of the parapet. The rear or north elevation, while less visible in the townscape and conservation area, retains more its original mid-19th century composition, but it has similarly been altered with new render and several inappropriate windows, particularly on the lower ground, ground and second floor. These windows have mismatched glazing bar patterns that detract from the coherence of the original composition, but one original window survives on the ground floor, together with the top panes of the original sashes on the first and third floor. These windows, while altered, are of high significance and could be used inform the reinstatement of the original composition.

The west elevation also retains its original composition and bungaroosh construction, which is exposed on the first-to-third floor, but covered in detracting cement render on the ground floor. The original lower ground floor lightwell has also been infilled. The elevation is of high significance overall and the exposed bungaroosh makes a contribution to public and private view points within the conservation area, but the original windows have all been replaced other than one original sash on the ground floor, which is of high significance. Some of the windows have been replaced

45 19th century fabric 20th century fabric

46 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL with unconsented and visually detracting upvc casements, which are proposed to be replaced as part of this application. The west elevation has suffered significant structural defects, including the collapse of the top of the chimneystack, and is required to be rebuilt. It is currently held together by props, supports and restraints tied through the elevation, and while these do not detract from the significance of the building, the defect has placed considerable risk on the wider integrity of the structure and the significance of the listed building as a whole.

The roof is similarly original in its structure and form and is thus of high significance, but the original tiles have been replaced with unsightly and inappropriate cement tiles. These tiles visually detract from the appearance of the building, particularly in views from the south side of Marine Square and in views from the north on St George’s Road. The cement tiles have also increased the stress and weight bearing down on the west wall, and should be removed for structural reasons.

The interior of the building has been substantially altered and is of varying degrees of significance. The original layout is hard to discern as the planform is not typical of a 19th century townhouse, though it may be that it was altered or re-designed for the ladies school as the chimneybreast on the south side of the building suggests there were single large rooms throughout. The current layout appears to have been inserted when the building was converted into flats in the 1970s and the original layout, fixtures and fittings have generally been lost or altered throughout, and these modern elements are of no architectural or historic significance.

Where the original layout and fittings do survive, principally in the stairwell, the entrance hall and south-west room on the ground floor, these are of high significance, together with the majority of the original window architraves and panelled aprons. Two original architraves also survive on the second floor, as well as three doors and architraves on the third floor, but the latter have been relocated to new positions in the modern layout. These surviving elements are not without alteration and the staircase has been altered by the loss of the original balustrade between the lower ground and ground floor, the addition of detracting partitions subdividing the original stairwell and cornices, as well as the loss of the balustrade around the well on the third floor. The south-west room on the ground floor has been altered by the insertion of a modern bathroom pod, though this sits below the cornice so the original extent of the room can be appreciated. In northern set of rooms on the ground floor, which originally comprised a single room, there are also isolated fragments of original cornice that could be used to inform a reinstatement.

4.2 The East Cliff Conservation Area

12a Marine Square is located in the north-west corner of the square, which is within the East Cliff Conservation Area. The conservation area was designated in 1973 for its association with the growth of Brighton as a seaside resort, and is predominately concentrated on the Regency and Victorian developments stretching from Kemp Town in the east to the Old Town in the west. The heart of the conservation area is characterised by its original surviving network of individually-designed Regency squares and terraces, set out on spacious streets that are interspersed with more intimate mews buildings. Marine Square is relatively intact and is an exceptional example of a Regency square, and is thus reflective of the salient character of the conservation area.

47 12a Marine Square is a later infill building that was constructed in a corner gap or passage between the original terraces on the north-west side of the square. The building reflects the historic development and evolution of Marine Square as Brighton became more densely populated with townhouses and guest houses through the 19th century, and while it makes a positive contribution to the conservation area overall, the architecture and composition of the front elevation has been greatly altered. Indeed, several elements detract from the buildings appearance and its contribution to the Regency character of Marine Square including the cement rendered entrance steps; the altered first floor bay window; the modern sashes with contrasting glazing-bar patterns on the second and third floor and the cement rendered parapet. The parapet is particularly visible from the south-east side of the square and visually detracts the composition of the square as a whole, which is unified by its white- stucco parapets.

The side and rear elevations make less of a contribution to the overall character and appearance of the conservation area, as they are largely concealed within public views by the built townscape on St George’s Road. However, there is an angled view of the north elevation from St George’s Road, where the third floor and roof are visible above the Kemptown Bookshop, and a separate view of the north and west elevations from the public beer garden of The Barley Mow. These elevations are much simpler and reflect the back-of-terrace character that defines this part of the conservation area, but the modern third floor casements to the north and upvc windows to the west, together with the cement roof tiles, detract.

48 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 5.0 Commentary on the Proposals

The proposed scheme seeks to refurbish the lower ground and ground floors of 12a Marine Square and subdivide the existing maisonette into two separate flats. The proposals follow from the scheme consented in March 2021 for the ‘demolition and rebuilding of the rear western wall, and associated internal and external repairs and refurbishment works’. As part of this application, internal layout changes and refurbishment works were approved to the first-to-third floor [application refs: BH2020/03456 + BH2020/03457], but the refurbishment and alteration of the lower ground and ground floor were excluded from this application. It is now proposed to refurbish these floors in association with the approved scheme.

The following sections should be read in connection with the numbered floor plans and date plans contained in this report, as well as the existing, demolition and proposed drawings by John Whiting, and the previously approved drawings of applications BH2020/03456 + BH2020/03457.

5.1 Description of the Proposals and their Impact on the Listed Building and Conservation Area

Exterior

Front (east) elevation

The front elevation has been considerably altered, first in 1898 when it was refaced with a late-Victorian style elevation [see Plate 2.9], and again in the post-war era when much of this decoration was replaced with inappropriate modern fittings. It is proposed to enhance the character and appearance of this elevation by repairing the cracked front entrance steps, which appear to have been clad in cement render, and remove the modern board over the ground floor entrance door to reinstate the original four-panelled door underneath. The modern obscured glass in the side lights would also be removed and replaced with clear glass. At lower ground floor level, the poor quality and detracting Upvc door would be replaced with a timber-glazed door with large glazing bars, to maximise light into the lower ground floor flat. These proposals would better reveal the original design and appearance of the listed building, and would considerably enhance the primary significance founded in the front elevation, while also improving the setting of the neighbouring listed buildings on Marine Square.

Rear (west) elevation

The western elevation was approved to be demolished and rebuilt in March 2021, following serious structural instability. In accordance with that permission, the original windows on the first to third floor were approved to be refurbished, or replaced with sashes to match the originals, where they were Upvc replacements. The existing windows on the lower ground and ground floor were approved to be retained.It is now proposed to replace the Upvc window in the covered lower ground floor lightwell with a 3-over-6 sash to match the original, and uncover the lightwell to restore this original feature. At ground floor level, it is also proposed to refurbish the original 6-over-6 sash window that survives to the south, and replace the poor-quality modern timber casement window adjacent with a 2-over-

49 2 sash better suited to the original size of the opening. Collectively, these proposals would enhance and better reveal the original layout, appearance and overall significance of the listed building.

Rear (north) elevation

The north elevation would similarly be enhanced by the replacement of inappropriate and visually detracting modern windows. The modern casements at lower ground floor level would be replaced with timber- framed sash windows of the original 3-over-6 design, together with a new timber-glazed door in the eastern entrance suited to the mid-19th century appearance of the building. At ground floor level, the original window to the west would be refurbished and provided with a Juliette balcony so it could be safely opened over the lightwell area, and the detracting modern door to the east would be removed and replaced with an original sash to match.

To the rear, within the lightwell, the whole area would be cleaned and refurbished, and the top of the exposed vaults would be covered over with earth and a new floor surface, as they would have been originally. The original stone staircase to the lower ground floor would be retained (ST3), but the detracting modern balustrade would be removed and replaced with a new balustrade of the original design, with stick metal balusters caulked into the stone treads around the lightwell opening, with a flat elliptical top rail. Within the boundary wall enclosing the lightwell from the western alleyway, it is also proposed to replace the modern door with a new timber- boarded door with ledges, which would better reveal the original character and status of this area, and refurbish the wall as necessary.

These proposals would further reinstate the original composition and external detail of the listed building, and would thus considerably enhance its overall significance.

Interior

Lower Ground Floor

At lower ground floor level, it is proposed to convert the existing lower- ground and ground floor maisonette into two separate flats. This would be achieved by removing the visually detracting partition at the base of the ground floor stairwell, and relocating it to the rear of the corridor (G2). The opening in the rear of the corridor would also be blocked to allow for independent access to the lower ground floor staircase from the communal corridor. The lower ground floor stair has been altered by the addition of a solid brick wall in place of the original balustrade, and it is proposed to remove this wall and restore the balustrade with stick balusters on a closed string with a rounded timber handrail. This would ensure the stair would suit the hierarchy and status of the lower floor, and the proposal would considerably enhance and better reveal the original design and significance of the listed building.

Very few alterations are proposed to the layout of the lower-ground floor, but a new simple skirting would be provided throughout, which would be proportionate to the floor to ceiling height and original status of the lower ground floor. In the corridor (LG1), it is proposed to retain the toilet at the rear, but provide new sanitary fittings and a door to enclose the toilet and bathroom from the corridor. In the northern room (LG2), it is proposed to retain the existing layout and provide a new kitchen on the west wall, together with the replacement of the unsightly modern casements in the

50 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL north wall with two new sash windows to the original 3-over-6 design. This would considerably enhance the original composition and internal mid-19th century character of the listed building.

To the south of the plan, the modern partitions enclosing the store and bathrooms (LG5 and LG6) would be replaced with a new partition to the east enclosing an open-plan dressing room and bathroom. This would provide the benefit of exposing the currently subdivided chimneybreast on the south wall and window in the west wall, which would be replaced from the unconsented upvc casement to a new 3-over-6 sash window of the original design. The external lightwell would also be reinstated, which would better reveal the original design of the listed building, while enhancing the level of light and quality of residential amenity in the lower ground floor flat.

New floor finishes would be provided throughout the lower ground floor, replacing modern floor finishes over concrete, which would cause no harm to the fabric or significance of the listed building.

Ground floor

At ground floor level, it is proposed to retain the entrance hall as the main entrance into the building (G1), and refurbish the existing original fittings. As descried above, the existing maisonette on the ground and lower ground floor would be subdivided to form two separate flats. The visually intrusive partition that subdivides the ground floor staircase would be removed and set back to the rear of the hallway, which would expose the original cornice and allow for the reinstatement of the missing staircase balustrade (G2). The balustrade would match the detail of the existing balustrade on the upper floors, and would include a curved newel post and curtail step at the base of the stair, and timber stick balusters on an open string with a rounded timber handrail. This would restore one of the most significant surviving elements of the interior of the building, and would be a considerable benefit of the scheme.

The entrance to the ground floor flat would be relocated to an existing door on the north side of the hallway. In the northern rooms (comprised of G5-G8), it is proposed to remove the modern partitions and reinstate the original layout of a single large room. The chimneybreast on the west wall, which is approved to be rebuilt in accordance with the permission for applications BH2020/03456 + BH2020/03457, would be reinstated to its original proportions and a new decorative chimneypiece would be provided that would suit the date and style of the property. Fragments of the original cornice and skirting survive on the east and south walls, and these would be used to inform a reinstatement of the original cornice and skirting around the whole extent of the room. There would be a new lobby in the south-east corner of the room, but on balance the proposals would still present an improvement to the existing layout. In addition, the lobby would be scribed around the existing cornice (which is presently concealed and would be exposed), and would be constructed with curved walls to mark it as a distinctly modern addition to the plan. Collectively, these alterations would considerably enhance the character of this principal ground floor room, and would better reveal the significance of the listed building.

In the south room (G3), it is proposed to block the entrance to the modern bathroom pod and lower ground floor staircase from the communal corridor (G1), in order to create an enclosed hallway between the north and south rooms. The door to bathroom is clearly modern as it is has a

51 modern leaf and architrave, and the opening is also narrower than the original doors that survive elsewhere on this floor. It appears to have been inserted in connection with the bathroom pod in the c.1970s, and it is therefore proposed to block this opening so it is flush with the hallway wall, in order to reinstate the original layout. The modern door to the bedroom would also be repositioned and replaced with a more appropriate four-panelled door, and the bathroom pod would be rebuilt with similar three-quarter height partitions set below the original cornice, so the original extent and features of the room would remain appreciable. As the bathroom pod is existing, its reconstruction would have a neutral impact on the overall significance of the listed building.

5.2 Justification of the Proposals and Conclusion

As described in the preceding sections, the special architectural and historic interest of 12a Marine Square principally resides in its external elevations and the group-value the building has with the neighbouring terraces. Some elements, such as modern windows in the front and rear elevations, detract from its significance. The interior of the building is of secondary significance and has lost most of its original layout, fixtures and fittings, which largely date to the 1970s. Where the interior has been altered, principally on the lower ground, first, second and third floors, it is of low or no interest, but where the plan form and fittings do survive in the stairwell and on the ground floor, they are of high architectural and historic interest.

The proposed scheme has sought to respond to the significance of the listed building by removing detracting layouts to reinstate the original plan form, such as that in the ground floor rear room (G5-G8) and ground floor stairwell, to expose original features such as the west chimneybreast and cornices. In addition, missing original features throughout including cornices, skirtings, windows and the balustrade to the lower ground and ground floor staircase would also be reinstated wherever feasibly possible. In heritage terms, the works would be wholly beneficial and would enhance and not harm the significance of the listed building.

In regards to the conservation area, as the proposals would be largely internal, or would be concealed in public conservation area views, they would have no impact on the public character and appearance of the East Cliff Conservation Area. However, the external alterations would enhance private conservation area views, particularly of the north and west elevations, which would be refurbished to their original appearance through the replacement of visually detracting windows and doors, and the reinstatement of the north and western lightwells.

Brighton and Hove’s Development Plans

As explained in Section 1.2, Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan, unless material considerations indicate otherwise. The development plan applicable to 12a Marine Square comprises Brighton and Hove’s City Plan Part 1 and The Local Plan 2005, with policies retained in March 2016. These two documents include policies that deal with development affecting the historic environment, and the policies relevant to this application include Policy CP15 of the City Plan Part 1, which states:

52 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL CP15 Heritage The council will work with partners to promote the city’s heritage and to ensure that the historic environment plays an integral part in the wider social, cultural, economic and environmental future of the city through the following aims:

1. The city’s historic environment will be conserved and enhanced in accordance with its identified significance, giving the greatest weight to designated heritage assets and their settings and prioritising positive action for those assets at risk through, neglect, decay, vacancy or other threats. The council will further ensure that the city’s built heritage guides local distinctiveness for new development in historic areas and heritage settings;

The following policies of the Local Plan 2005 are also relevant in relation to listed buildings:

HE1 Listed Buildings Proposals involving the alteration, extension, or change of use of a listed building will only be permitted where:

a. the proposal would not have any adverse effect on the architectural and historic character or appearance of the interior or exterior of the building or its setting; and b. the proposal respects the scale, design, materials and finishes of the existing building(s), and preserves its historic fabric.

HE4 Reinstatement of original features on listed buildings Where appropriate, the planning authority will require - in conjunction with applications for a change of use, alteration or refurbishment - the reinstatement of original features on listed buildings, such as: mouldings, traditional doors and windows.

It is important to preserve and where possible to reinstate original features of buildings that are protected due to their special historical / architectural interest. The planning authority will take the opportunity, therefore, to secure enhancements to these buildings for the benefit of the wider community and to enable future generations to experience the buildings and learn from them. Neither conjectural restorations nor restoration work that would destroy important later phases of a building’s development will be permitted.

The implementation of this Policy may be assisted by obtaining advice at an early stage in the preparation of proposals from the council’s Design and Conservation team. Grants may also be available toward the cost of reinstating traditional shopfronts or missing architectural features.

Policy HE6 in regards to conservation areas is also applicable:

HE6 Development within or affecting the setting of conservation areas Proposals within or affecting the setting of a conservation area should preserve or enhance the character or appearance of the area and should show:

53 a. a consistently high standard of design and detailing reflecting the scale and character or appearance of the area, including the layout of the streets, development patterns, building lines and building forms; b. the use of building materials and finishes which are sympathetic to the area; c. no harmful impact on the townscape and roofscape of the conservation area; d. the retention and protection of trees, gardens, spaces between buildings, and other open areas which contribute to the character or appearance of the area; e. where appropriate, the removal of unsightly and inappropriate features or details; and f. the retention and, where appropriate, the reinstatement of original features such as chimneys, chimney pots, gates, railings and shopfronts and small scale architectural details such as mouldings which individually or cumulatively contribute to the character or appearance of the area.

Proposals that are likely to have an adverse impact on the character or appearance of a conservation area will not be permitted.

The proposed scheme would enhance and not harm the significance of the listed building and character and appearance of the conservation area and as such, it would comply with Policy CP15 as the proposals would ‘conserve and enhance’ these designated heritage assets in accordance with their significance.

The proposals would also comply with Policy HE1 as they would enhance the architectural and historic interest of the listed building, and would not have an ‘adverse effect on…the interior or exterior of the building or its setting.’ The proposals would also respect the scale, design and materials of the building by reinstating finishes to match the original building, and would reinstate missing original features wherever possible, in accordance with Policy HE4.

Finally, the proposals would also comply with Policy HE6 on conservation areas, as the proposals would preserve and enhance its character and appearance, and would improve the local townscape. Indeed, building materials sympathetic to the area would be used in accordance with part b, unsightly features would be removed in accordance with part e, and original features would be retained or reinstated in accordance with part f.

Planning (Listed Buildings and Conservation Areas) Act 1990

The Act forms the legal basis for decision making where a proposed development will impact listed buildings or a conservation area. For listed buildings it sets out that the decision maker shall have ‘special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’ (s. 16 and 66), and for conservation areas, that ‘special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that [conservation] area’ (s. 72).

54 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL These statutory requirements set a high bar for allowing development that would harm heritage assets. However, the statutory requirements must be viewed in light of the relevant heritage policies in the National Planning Policy Framework (NPPF). As noted by the court in Mordue v Secretary of State for Communities and Local Government (2015): ‘Paragraph 134 of the NPPF appears as part of a fasciculus of paragraphs, set out above, which lay down an approach which corresponds with the duty in section 66(1). Generally, a decision-maker who works through those paragraphs in accordance with their terms will have complied with the section 66(1) duty.’ Although the court was concerned with the previous version of the NPPF and section 66 specifically, the same approach is considered appropriate in respect of the heritage policies in the current NPPF and in respect of the section 16 and 72 duties. It is therefore important to consider the proposed development against the relevant NPPF policies.

National Planning Policy Framework

The proposed works must also be justified in terms of the National Planning Policy Framework (NPPF). As outlined in the proceeding section, the proposed works would cause no harm to the significance of the listed building or conservation area, and the designated heritage assets would therefore be conserved in a manner proportionate to their significance, in accordance with paragraph 193 of the NPPF.

Is it however helpful to consider the benefits of the scheme to inform the wider planning context. Public benefits that follow from development can be anything that delivers economic, social or environmental progress, and may also include heritage benefits. The National Planning Practice Guidance makes clear that heritage benefits are considered to be public benefits, and can apply even if they are not visible to the wider public. The guidance states in paragraph 20 that:

Public benefits may follow from many developments and could be anything that delivers economic, social or environmental objectives as described in the National Planning Policy Framework (paragraph 8). Public benefits should flow from the proposed development. They should be of a nature or scale to be of benefit to the public at large and not just be a private benefit. However, benefits do not always have to be visible or accessible to the public in order to be genuine public benefits, for example, works to a listed private dwelling which secure its future as a designated heritage asset could be a public benefit.

Examples of heritage benefits may include:

• sustaining or enhancing the significance of a heritage asset and the contribution of its setting • reducing or removing risks to a heritage asset • securing the optimum viable use of a heritage asset in support of its long term conservation

55 In accordance with this guidance, the benefits of the scheme include:

• The improvement in the quality and quantum of residential accommodation, which would in turn improve the long-term viability of the listed building in its optimum-viable use as residential flats; • The reinstatement of sash windows to the original design to the rear and west elevations, which would enhance the significance of the listed building and its contribution to the character and appearance of the conservation area; • Reinstating the original lower-ground floor lightwell on the west elevation; • Reinstating the original extent of the northern lightwell by re- covering the exposed vaults; • Replacing the modern balustrade to the rear lightwell entrance steps with a new balustrade of the original design; • Replacing the modern door in the alleyway wall with a new door of the original mid-19th century design; • Reinstating the missing staircase balustrade between the lower ground and ground floor to the original design; • Removing detracting partitions that subdivide the south lower ground floor room and reinstating the original layout, including the exposure of the original chimneybreast; • Removing detracting partitions that subdivide the original stairwell and cornices on the ground floor; • Removing modern partitions that subdivide the original western window opening on the lower ground floor; • Removing detracting partitions that subdivide the original north ground floor room and reinstating the original layout as far as possible, including the exposure of the original chimneybreast and reinstatement of a chimneypiece; • Reinstating the original cornice and skirting in the north ground floor room, in association with its reinstated layout; • The addition of 1 new residential unit, which would contribute to the borough’s housing targets.

These benefits should also be viewed in the context of the consented application for the rebuilding of the west elevation and refurbishment of the upper floors [application refs: BH2020/03456 + BH2020/03457]. The refurbishment is a holistic scheme that was split into two separate applications for planning purposes, but when the two applications are considered together, in heritage terms the works would considerably enhance and better reveal the significance of the listed building as a whole. Indeed, the list of benefits is compelling and would be nothing short of a wholesale restoration of its original external character and appearance, which would not only enhance the significance of the listed building, but would also enhance the setting of the neighbouring listed buildings and the character and appearance of the conservation area. The benefits of the consented scheme include:

• Securing the structural stability of the building and removing risk to the rest of the structure, which would in turn secure the long- term conservation of the listed building and its contribution to the East Cliff Conservation Area;

56 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL • The improvement in the quality and quantum of residential accommodation, which would in turn improve the long-term viability of the listed building in its optimum-viable use as residential flats; • The reinstatement of sash windows to the original design across the front, rear and west elevations, which would also enhance the group value the building has with Marine Square and its contribution to the character and appearance of the conservation area; • Repair of the cracked front entrance steps; • The removal of modern board and the reveal of the original entrance door; • Replacing the cement roof tiles with new natural slates; • Reinstating the missing staircase balustrade around the original well on the third floor to the original design; • Removing detracting partitions that subdivide the original stairwell on the third floor; • Reinstating the original layout in the southern rooms on the first and third floor; • Reinstating appropriate mid-19th century style chimneypieces on the first and third floor; • Reinstating a larger door opening to the south room on the first floor, with a reused original door that would better reflect the original proportions of the opening; and • Reinstating appropriate mid-19th century style cornices and skirtings throughout, which would have been designed to suit the relevant scale, status and hierarchy of each floor.

It is therefore the conclusion of this report that the works would be acceptable in as far as they relate to the historic environment and they should receive listed building consent.

57 Appendix I - Statutory List Description

Nos. 4-28 Marine Square, and attached railings

Date first listed: 13-Oct-1952 List Entry Number: 1381760 Grade: II

Terraced houses. c1824. Possibly designed by Amon Wilds and Charles Augustin Busby. Stucco to all except Nos 16 and 20, recovered in rough cast, and Nos 6-8 and 10-12, which have a stucco basement, first floor and cornice with brick in Flemish bond and lintels of gauged brick to the first and second floors. Roof obscured by blocking course. The square is laid out on a U-shaped plan; the houses in the left and right arms (Nos 4-12 and 20-28) were originally of identical design, those in the centre range are of a different design and on a grander scale.

EXTERIOR: each side unit has 4 storeys over basement, 3 windows each. Steps up to round-arched entry with fanlight. Ground floor rusticated. To the side of the entrance a segmental bay with tripartite, flat-arched windows. Verandah with cast-iron railings, brackets and stanchions to first floor; in the centre of the verandah is another segmental bay, this one also with tripartite, flat-arched windows, but on a different axis and broader than the one below. Convex roof to bay and lean-to roof to verandah of metal. All windows flat arched. Cornice and blocking course above. Individual features include: decorative glazing to fanlights of Nos 7-8 and 23-25; banded rustication to No.22; doors of original design to Nos 4, 25, and 28; storey band between second and third floor of No.5; cornice to second floor windows of No.10; Nos 6-8; mid to late C19 window guards and parapet railing to No.23; sashes of original design to ground floor of Nos 11 and 23; to first-floor bay of Nos 6-8, 11, 23-24, and 27; to second floor of Nos 6, 11, 23-24, 26 (top sashes only), and 27; to third floor of Nos 6, 11, 23-24, and 27. The verandahs are gone from Nos 12, 26, and 27. Nos 9, 22, and 28 have been extensively remodelled in the mid to late C19. In No.9 a full-height canted bay with tripartite, flat-arched windows replaced the segmental bays; verandah has a hipped roof; to left of bay on the second and third floors is a flat-arched, blocked window with floating cornice supported by console brackets; storey band between second and third floors; cornice; the round-arched entrance set, rusticated base, and verandah railings are original. No.22 has narrowly banded rustication on the ground floor; round-arched entrance has a hood moulding consisting of a modillioned cornice and volute keystone; the bay is moulded at bottom with closely spaced console brackets, and at its corner are fluted pilasters from which spring brackets supporting the verandah; 2 brackets over the entrance and one at the party wall are of the same design but larger; rectangular verandah with roof supported by wood brackets cut in a series of “C” curves; the fascia of the verandah floor is ornamented by a frieze of circles; the second-floor windows are intersected by a panelled blind parapet, and cornice which is interrupted by 3 console brackets supporting ball finials; between the second and third floors is a storey band ornamented with fluting and bars, a pattern repeated in the third floor cornice. No.28 has a round-arched entrance with architrave which intersects at the springing of the arch a horizontal band ornamented with a guilloche moulding; this band is interrupted by the bay but resumes

58 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL at the far wall; 3-storey porch rising from the first through the third floors, rectangular in plan, with cast-iron railings and stanchions in an interlace pattern.

No.12a is a mid to late C19 insertion with flat-arched entry; 4 storeys over basement. Stacks to party walls of all. Railings to stairs and areas. Centre range: each unit has 4 storeys and an attic over half basement; the central unit, No.6, has 3 windows, the end units have one broad window each, and the units between centre and ends have 2 windows each. This group of 7 houses is treated as a bilaterally symmetrical composition, with the wider centre unit treated as a projecting pavilion framed by giant Tuscan pilasters to the first and second floors. The end units project further forward than the centre, and between them runs a continuous Doric colonnade forming a porch to the ground floors of all and a verandah above; the Doric columns are paired at the line of the party walls, leaving a large space in front of the ground-floor windows of the intermediate units; there are separate first-floor verandahs to the end pavilions. Only the verandah of Nos 18-19 preserves the original cast-iron brackets, railings and stanchions. The rest have been enclosed by C20 glazing. The ground floor has banded rustication, becoming voussoirs and keystones over each round-arched entrance with fanlight; these are reached by a short set of stairs. Sill bands to second floor windows; continuous entablature between third floor and attic; entablature and blocking course to attic. All windows flat arched; to the left of end units entries are flat-arched tripartite windows with a keystone in the centre of the lintel. Individual features include: decorative glazing to fanlight of No.18; projecting sill and cast-iron window guard to ground floor of No.19; sashes of original design to first-floor French doors of end units.

INTERIOR: not inspected. The whole of Marine Square (Nos 4-28 consecutive) form a most important group with Nos 111-119 (consecutive), 122-133 (consecutive), and 133A Marine Parade (qv). Nos 22-28 (consecutive) Marine Square were listed on 20/08/71. (Carder T: The Encyclopaedia of Brighton: Lewes: 1990-).

59 Appendix II - Planning Policy and Guidance

Planning (Listed Buildings and Conservation Areas) Act 1990

The Act is legislative basis for decision making on applications that relate to the historic environment.

Sections 16, 66 and 72 of the Act impose a statutory duty upon local planning authorities to consider the impact of proposals upon listed buildings and conservation areas.

Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that:

[…] in considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Similarly, section 66 of the above Act states that:

In considering whether to grant permission for development which affects a listed building or its setting, the local planning authority, or as the case may be the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Similarly, section 72(I) of the above Act states that:

[…] with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a conservation area.

Local Policy and Guidance

Brighton and Hove City Council

The City Plan Part 1 2016

The following policies contained in the City Plan Part 1 are relevant to the proposals.

CP15 Heritage

The council will work with partners to promote the city’s heritage and to ensure that the historic environment plays an integral part in the wider social, cultural, economic and environmental future of the city through the following aims:

60 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL 1. The city’s historic environment will be conserved and enhanced in accordance with its identified significance, giving the greatest weight to designated heritage assets and their settings and prioritising positive action for those assets at risk through, neglect, decay, vacancy or other threats. The council will further ensure that the city’s built heritage guides local distinctiveness for new development in historic areas and heritage settings; 2. Where proposals are promoted for their contribution to mitigating climate change, the public benefit of this will be weighed against any harm which may be caused to the significance of the heritage asset or its setting; and 3. The Conservation Strategy will be taken forward and reviewed as a framework for future conservation area management proposals; to provide criteria for future conservation area designations and other local designations, controls and priorities; and to set out the council’s approach to dealing with heritage at risk.

The Local Plan 2005

The following policies in the Brighton and Hove Local Plan are also relevant:

HE1 Listed Buildings

Proposals involving the alteration, extension, or change of use of a listed building will only be permitted where:

a. the proposal would not have any adverse effect on the architectural and historic character or appearance of the interior or exterior of the building or its setting; and b. the proposal respects the scale, design, materials and finishes of the existing building(s), and preserves its historic fabric.

HE4 Reinstatement of original features on listed buildings

Where appropriate, the planning authority will require - in conjunction with applications for a change of use, alteration or refurbishment - the reinstatement of original features on listed buildings, such as: mouldings, traditional doors and windows.

It is important to preserve and where possible to reinstate original features of buildings that are protected due to their special historical / architectural interest. The planning authority will take the opportunity, therefore, to secure enhancements to these buildings for the benefit of the wider community and to enable future generations to experience the buildings and learn from them. Neither conjectural restorations nor restoration work that would destroy important later phases of a building’s development will be permitted.

The implementation of this Policy may be assisted by obtaining advice at an early stage in the preparation of proposals from the council’s Design and Conservation team. Grants may also be available toward the cost of reinstating traditional shopfronts or missing architectural features.

61 HE6 Development within or affecting the setting of conservation areas

Proposals within or affecting the setting of a conservation area should preserve or enhance the character or appearance of the area and should show:

a. a consistently high standard of design and detailing reflecting the scale and character or appearance of the area, including the layout of the streets, development patterns, building lines and building forms; b. the use of building materials and finishes which are sympathetic to the area; c. no harmful impact on the townscape and roofscape of the conservation area; d. the retention and protection of trees, gardens, spaces between buildings, and other open areas which contribute to the character or appearance of the area; e. where appropriate, the removal of unsightly and inappropriate features or details; and f. the retention and, where appropriate, the reinstatement of original features such as chimneys, chimney pots, gates, railings and shopfronts and small scale architectural details such as mouldings which individually or cumulatively contribute to the character or appearance of the area.

Proposals that are likely to have an adverse impact on the character or appearance of a conservation area will not be permitted.

QD14 Extensions and alterations

Planning permission for extensions or alterations to existing buildings, including the formation of rooms in the roof, will only be granted if the proposed development:

a) is well designed, sited and detailed in relation to the property to be extended, adjoining properties and to the surrounding area; b) would not result in significant noise disturbance or loss of privacy, outlook, daylight / sunlight or amenity to neighbouring properties; c) takes account of the existing space around buildings and the character of the area and an appropriate gap is retained between the extension and the joint boundary to prevent a terracing effect where this would be detrimental to the character of the area; and d) uses materials sympathetic to the parent building.

East Cliff Conservation Area

East Cliff Conservation Area was first designated in 1973 for its association with the growth of Brighton as a Regency and Victorian seaside resort. The conservation area was extended to the north in 1977, 1989 and 1991. It now covers an area of approximately 60 hectares and contains 589 statutory listed buildings and 86 locally listed buildings.

62 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL National Policy

National Planning Policy Framework

Any proposals for consent relating to heritage assets are subject to the policies of the NPPF (February 2019). This sets out the Government’s planning policies for England and how these are expected to be applied. With regard to ‘Conserving and enhancing the historic environment’, the framework requires proposals relating to heritage assets to be justified and an explanation of their effect on the heritage asset’s significance provided.

Paragraph 7 of the Framework states that the purpose of the planning system is to ‘contribute to the achievement of sustainable development’ and that, at a very high level, ‘the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs.

At paragraph 8, the document expands on this as follows:

Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives:

a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and

c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy. and notes at paragraph 10:

10. So that sustainable development is pursued in a positive way, at the heart of the Framework is a presumption in favour of sustainable development (paragraph 11).

With regard to the significance of a heritage asset, the framework contains the following policies:

63 190. Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal.

In determining applications local planning authorities are required to take account of significance, viability, sustainability and local character and distinctiveness. Paragraph 192 of the NPPF identifies the following criteria in relation to this:

a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and c) the desirability of new development making a positive contribution to local character and distinctiveness.

With regard to potential ‘harm’ to the significance designated heritage asset, in paragraph 193 the framework states the following:

…great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether the any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.

The Framework goes on to state at paragraph 194 that:

Any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting) should require clear and convincing justification.

Where a proposed development will lead to ‘substantial harm’ to or total loss of significance of a designated heritage asset paragraph 195 of the NPPF states that:

…local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply:

a) the nature of the heritage asset prevents all reasonable uses of the site; and b) no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and c) conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and d) the harm or loss is outweighed by the benefit of bringing the site back into use.

64 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL With regard to ‘less than substantial harm’ to the significance of a designated heritage asset, of the NPPF states the following;

196. Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

In terms of non-designated heritage assets, the NPPF states:

197. The effect of an application on the significance of a non- designated heritage asset should be taken into account in determining the application. In weighing applications that affect directly or indirectly non-designated heritage assets, a balance judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

The Framework requires local planning authorities to look for opportunities for new development within conservation areas and world heritage sites and within the setting of heritage assets to enhance or better reveal their significance. Paragraph 200 states that:

Proposals that preserve those elements of the setting that make a positive contribution to the asset (or which better reveal its significance) should be treated favourably.

Concerning conservation areas and world heritage sites it states, in paragraph 201, that:

Not all elements of a Conservation Area or World Heritage Site will necessarily contribute to its significance. Loss of a building (or other element) which makes a positive contribution to the significance of the Conservation Area or World Heritage Site should be treated either as substantial harm under paragraph 195 or less than substantial harm under paragraph 196, as appropriate, taking into account the relative significance of the element affected and its contribution to the significance of the Conservation Area or World Heritage Site as a whole.

National Planning Practice Guidance

The National Planning Practice Guidance (NPPG) was published on the 23rd July 2019 to support the National Planning Policy Framework (NPPF) 2019 and the planning system. It includes particular guidance on matters relating to protecting the historic environment in the section: Conserving and Enhancing the Historic Environment.

The relevant guidance is as follows:

Paragraph 2: What is meant by the conservation and enhancement of the historic environment?

Conservation is an active process of maintenance and managing change. It requires a flexible and thoughtful approach to get the best out of assets as diverse as listed buildings in every day use and as yet undiscovered, undesignated buried remains of archaeological interest.

65 In the case of buildings, generally the risks of neglect and decay of heritage assets are best addressed through ensuring that they remain in active use that is consistent with their conservation. Ensuring such heritage assets remain used and valued is likely to require sympathetic changes to be made from time to time. In the case of archaeological sites, many have no active use, and so for those kinds of sites, periodic changes may not be necessary, though on-going management remains important.

Where changes are proposed, the National Planning Policy Framework sets out a clear framework for both plan-making and decision-making in respect of applications for planning permission and listed building consent to ensure that heritage assets are conserved, and where appropriate enhanced, in a manner that is consistent with their significance and thereby achieving sustainable development. Heritage assets are either designated heritage assets or non-designated heritage assets.

Part of the public value of heritage assets is the contribution that they can make to understanding and interpreting our past. So where the complete or partial loss of a heritage asset is justified (noting that the ability to record evidence of our past should not be a factor in deciding whether such loss should be permitted), the aim then is to:

• capture and record the evidence of the asset’s significance which is to be lost • interpret its contribution to the understanding of our past; and • make that publicly available (National Planning Policy Framework paragraph 199)

Paragraph 6: What is “significance”?

‘Significance’ in terms of heritage-related planning policy is defined in the Glossary of the National Planning Policy Framework as the value of a heritage asset to this and future generations because of its heritage interest. Significance derives not only from a heritage asset’s physical presence, but also from its setting.

The National Planning Policy Framework definition further states that in the planning context heritage interest may be archaeological, architectural, artistic or historic. This can be interpreted as follows:

• archaeological interest: As defined in the Glossary to the National Planning Policy Framework, there will be archaeological interest in a heritage asset if it holds, or potentially holds, evidence of past human activity worthy of expert investigation at some point. • architectural and artistic interest: These are interests in the design and general aesthetics of a place. They can arise from conscious design or fortuitously from the way the heritage asset has evolved. More specifically, architectural interest is an interest in the art or science of the design, construction, craftsmanship and decoration of buildings and structures of all types. Artistic interest is an interest in other human creative skill, like sculpture. • historic interest: An interest in past lives and events (including pre-historic). Heritage assets can illustrate or be associated with them. Heritage assets with historic interest not only provide a material record of our nation’s history, but can also provide

66 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL meaning for communities derived from their collective experience of a place and can symbolise wider values such as faith and cultural identity.

In legislation and designation criteria, the terms ‘special architectural or historic interest’ of a listed building and the ‘national importance’ of a scheduled monument are used to describe all or part of what, in planning terms, is referred to as the identified heritage asset’s significance.

Paragraph 7: Why is ‘significance’ important in decision-taking?

Heritage assets may be affected by direct physical change or by change in their setting. Being able to properly assess the nature, extent and importance of the significance of a heritage asset, and the contribution of its setting, is very important to understanding the potential impact and acceptability of development proposals.

Paragraph 13: What is the setting of a heritage asset and how should it be taken into account?

The setting of a heritage asset is defined in the Glossary of the National Planning Policy Framework.

All heritage assets have a setting, irrespective of the form in which they survive and whether they are designated or not. The setting of a heritage asset and the asset’s curtilage may not have the same extent.

The extent and importance of setting is often expressed by reference to the visual relationship between the asset and the proposed development and associated visual/physical considerations. Although views of or from an asset will play an important part in the assessment of impacts on setting, the way in which we experience an asset in its setting is also influenced by other environmental factors such as noise, dust, smell and vibration from other land uses in the vicinity, and by our understanding of the historic relationship between places. For example, buildings that are in close proximity but are not visible from each other may have a historic or aesthetic connection that amplifies the experience of the significance of each.

The contribution that setting makes to the significance of the heritage asset does not depend on there being public rights of way or an ability to otherwise access or experience that setting. The contribution may vary over time.

When assessing any application which may affect the setting of a heritage asset, local planning authorities may need to consider the implications of cumulative change. They may also need to consider the fact that developments which materially detract from the asset’s significance may also damage its economic viability now, or in the future, thereby threatening its ongoing conservation.

Paragraph 15: What is the optimum viable use for a heritage asset and how is it taken into account in planning decisions?

The vast majority of heritage assets are in private hands. Thus, sustaining heritage assets in the long term often requires an incentive for their active conservation. Putting heritage assets to a viable use is likely to lead to the investment in their maintenance necessary for their long- term conservation.

67 By their nature, some heritage assets have limited or even no economic end use. A scheduled monument in a rural area may preclude any use of the land other than as a pasture, whereas a listed building may potentially have a variety of alternative uses such as residential, commercial and leisure.

In a small number of cases a heritage asset may be capable of active use in theory but be so important and sensitive to change that alterations to accommodate a viable use would lead to an unacceptable loss of significance.

It is important that any use is viable, not just for the owner, but also for the future conservation of the asset: a series of failed ventures could result in a number of unnecessary harmful changes being made to the asset.

If there is only one viable use, that use is the optimum viable use. If there is a range of alternative economically viable uses, the optimum viable use is the one likely to cause the least harm to the significance of the asset, not just through necessary initial changes, but also as a result of subsequent wear and tear and likely future changes. The optimum viable use may not necessarily be the most economically viable one. Nor need it be the original use. However, if from a conservation point of view there is no real difference between alternative economically viable uses, then the choice of use is a decision for the owner, subject of course to obtaining any necessary consents.

Harmful development may sometimes be justified in the interests of realising the optimum viable use of an asset, notwithstanding the loss of significance caused, and provided the harm is minimised. The policy on addressing substantial and less than substantial harm is set out in paragraphs193-196 of the National Planning Policy Framework.

Paragraph 18: How can the possibility of harm to a heritage asset be assessed?

What matters in assessing whether a proposal might cause harm is the impact on the significance of the heritage asset. As the National Planning Policy Framework makes clear, significance derives not only from a heritage asset’s physical presence, but also from its setting.

Proposed development affecting a heritage asset may have no impact on its significance or may enhance its significance and therefore cause no harm to the heritage asset. Where potential harm to designated heritage assets is identified, it needs to be categorised as either less than substantial harm or substantial harm (which includes total loss) in order to identify which policies in the National Planning Policy Framework (paragraphs 194-196) apply.

Within each category of harm (which category applies should be explicitly identified), the extent of the harm may vary and should be clearly articulated.

Whether a proposal causes substantial harm will be a judgment for the decision-maker, having regard to the circumstances of the case and the policy in the National Planning Policy Framework. In general terms, substantial harm is a high test, so it may not arise in many cases. For example, in determining whether works to a listed building constitute substantial harm, an important consideration would be whether the

68 Donald Insall Associates | 12a Marine Square, Brighton, BN2 1DL adverse impact seriously affects a key element of its special architectural or historic interest. It is the degree of harm to the asset’s significance rather than the scale of the development that is to be assessed. The harm may arise from works to the asset or from development within its setting.

While the impact of total destruction is obvious, partial destruction is likely to have a considerable impact but, depending on the circumstances, it may still be less than substantial harm or conceivably not harmful at all, for example, when removing later additions to historic buildings where those additions are inappropriate and harm the buildings’ significance. Similarly, works that are moderate or minor in scale are likely to cause less than substantial harm or no harm at all. However, even minor works have the potential to cause substantial harm, depending on the nature of their impact on the asset and its setting.

The National Planning Policy Framework confirms that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). It also makes clear that any harm to a designated heritage asset requires clear and convincing justification and sets out certain assets in respect of which harm should be exceptional/wholly exceptional (see National Planning Policy Framework, paragraph 194). Paragraph 20: What is meant by the term public benefits?

The National Planning Policy Framework requires any harm to designated heritage assets to be weighed against the public benefits of the proposal.

Public benefits may follow from many developments and could be anything that delivers economic, social or environmental objectives as described in the National Planning Policy Framework (paragraph 8). Public benefits should flow from the proposed development. They should be of a nature or scale to be of benefit to the public at large and not just be a private benefit. However, benefits do not always have to be visible or accessible to the public in order to be genuine public benefits, for example, works to a listed private dwelling which secure its future as a designated heritage asset could be a public benefit.

Examples of heritage benefits may include:

• sustaining or enhancing the significance of a heritage asset and the contribution of its setting • reducing or removing risks to a heritage asset • securing the optimum viable use of a heritage asset in support of its long term conservation

Other Relevant Policy Documents

Historic England: Historic Environment Good Practice Advice in Planning (March 2015)

Historic England: Conservation Principles and Assessment (2008)

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