Meeting documents

Development Control Committee
Wednesday, 3rd June, 2015 2.00 pm

Development Control Minutes

Date:
Wednesday, 4th March, 2015
Time:
14:00
Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
688 Apologies and substitutions.
 Apologies for absence were received from Councillors E A Day (Substitute: Councillor Jarvis), D A Garston (Substitute: Councillor J Garston) and J McMahon.
689 Declarations of interest.
 The following interests were declared at the meeting:

(a) Councillor Betson - 14/01744/BC4M - Disqualifying non-pecuniary interest: Councillor appointed member of the South Essex Homes Board (attended pursuant to the dispensation agreed by the Standards Committee at its meeting on 19th February 2015, under S.33 of the Localism Act 2011 to participate in the debate and vote - Minute 656 refers);

(b) Councillor Betson - 14/01708/FULM - Non-pecuniary interest: Friends live in the area;

(c) Councillor Borton - 14/01462/FULM - Non-pecuniary interest: Resident of Pleasant Road is known to her;

(d) Councillor Crystall - 15/00086/FUL - Non-pecuniary interest: Friend lives in Percy Road;

(e) Councillor J Garston - 14/01462/FULM - Pecuniary interest (withdrew);

(f) Councillor A P Jones - 14/01672/BC4M - Disqualifying non-pecuniary interest (portfolio holder) (withdrew);

(g) Councillor A P Jones - 14/01964/FULM - Disqualifying non-pecuniary interest (portfolio holder) (withdrew).

(NOTE: Councillor Assenheim was not in attendance for consideration of application 14/01744/BC4M)
690 Minutes of the Meeting held on Wednesday, 10th December, 2014
  • Minutes
Resolved:

That the Minutes of the meeting held on Wednesday 10th December 2014 be received, confirmed as a correct record and signed.
691 Minutes of the Meeting held on Wednesday, 14th January, 2015
  • Minutes
Resolved:

That the Minutes of the meeting held on Wednesday 14th January 2015 be received, confirmed as a correct record and signed.
692 Minutes of the Meeting held on Wednesday, 4th February, 2015
  • Minutes
Resolved:

That the Minutes of the meeting held on Wednesday 4th February 2015 be received, confirmed as a correct record and signed.
693 Supplementary Report
 The Committee received a supplementary report by the Corporate Director for Place that provided additional information on items referred to elsewhere on the Agenda.
694 Reports on Planning Applications
Business for item 694
The decision of the Committee in relation to each application is set out below:

(a) Kursaal Ward
14/01462/FULM
Demolish existing building and erect 282 self-contained flats in six blocks (comprising: one 14 storey block, one 9 storey block, one 5/6 storey blocks, one 4/6 storey block, two 2/4 storey block), erect 2717sqm of commercial floorspace (A1, A3 and D2 uses), layout 318 underground parking spaces, landscaping, cycle/motorcycle/refuse storage, formation of vehicular access from Southchurch Avenue and Pleasant Road
Marine Plaza Land between Southchurch Avenue and Pleasant Road fronting Marine Parade, Southend-on-Sea
Goldfield Developments Limited
Christopher Wickham Associates

Mr Knight, a local resident, spoke as an objector to the application. Mr Wickham, the applicant's agent responded.

DEFERRED for further information regarding parking, travel plans and social infrastructure.


(b) Shoeburyness Ward
14/01672/BC4M
Demolish outbuilding and associated extensions to Hinguar School, convert building in to 13 self-contained flats, erect 18 dwellinghouses, layout parking, bin store, form hard and soft landscaping.
Hinguar Primary School, Hinguar Street, Shoeburyness
Mr Karl Pickering, Tern Developments
Robert Hutson Architects
30th December 2014

Ms Moss, a local resident, spoke as an objector to the application.

(a) DELEGATED to the Corporate Director for Place, Head of Planning and Transport or Group Manager of Planning and Building Control to GRANT PLANNING PERMISSION subject to completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to seek the following:
• 9 units of affordable housing (shared ownership)
• Education contribution (amount to be agreed)
• Public art contribution/provision equivalent of £12823.02.
• Highways works - including funding a TRO (£4,500) to facilitate adoption and yellow lining of the site.
• Provision of Travel Packs for residents.
• Section 106 Monitoring fee equivalent to 4% of any monetary contribution and £750 per non-monetary Head of Term.

(b) The Corporate Director for Place, Head of Planning and Transport or the Group Manager (Development Control & Building Control) be authorised to determine the application upon completion of the above obligation, so long as planning permission when granted and the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

01 The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990

02 Unless otherwise agreed in writing with the local planning authority, the development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan numbers 80-PL- 001C, 80-PL- 002, 80-PL- 003A, 80-PL- 004A, 80-PL- 005, 80-PL- 006, 80-PL- 007B, 80-PL- 008B, 80-PL- 009A, 80-PL- 0010A, 80-PL- 011B, 80-PL- 012B, 80-PL- 013B, 80-PL- 014B, 80-PL- 020B, 80-PL- 024A.

Reason: To ensure the development is carried out in accordance with the development plan.

03 No development shall take place until samples of the materials to be used on all the external elevations, window and doors (including those of the school building), on any screen/boundary walls and fences, refuse and cycle and on any driveway, forecourt, path or parking area have been submitted to and approved by the local planning authority. The development shall only be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area and the locally listed building in accordance with H5, C2 and C11 of the BLP and KP2 and CP4 of the BLP

04. No development shall commence until details of new and replacement windows, doors, new doorways and rooflights, to the school, at a scale of at least 1:20 and including profile details, have been submitted to and approved by the Local Plan Authority The development shall only be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area and the locally listed building in accordance with H5, C2 and C11 of the BLP and KP2 and CP4 of the BLP

05. Notwithstanding the submitted landscaping plan, no development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping. This shall include details of all the existing trees and hedgerows on the land and within the rear of Sycamore Court and details of any to be retained, together with measures for their protection in the course of development; details of the number, size and location of the trees and shrubs to be planted together with a planting specification, details of the management of the site, e.g. the uncompacting of the site prior to planting, the staking of trees and removal of the stakes once the trees are established; details of measures to enhance biodiversity within the site and details of the treatment of all hard and soft surfaces (including any earthworks to be carried out) and boundary treatment. The approved details shall be implemented within the first planting season following first occupation of the development.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy C14 of the Borough Local Plan and Policy CP4 of the Core Strategy DPD1

06. A Landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the local planning authority prior to the occupation of the development. The landscape management plan shall be carried out as approved.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy C14 of the Borough Local Plan and Policy CP4 of the Core Strategy DPD1

07. The measures to ensure at least 10% of the energy needs of the development will come from on site renewable options (and/or decentralised renewable or low carbon energy sources) for each stage of the development shall be implemented as detailed in the submitted Energy and Sustainability Statement by AES Southern dated February 2015 and brought into use on first occupation of each phase of the development.

Reason: To ensure the development maximises the use of renewable and recycled energy, water and other resources, in accordance with Policy KP2 of the Core Strategy DPD1

08. Prior to the commencement of development two dusk emergence and/or dawn re-entry surveys shall be undertaken to determine the presence or absence of roosting bats in the roof, together with mitigation measures as necessary. The bat surveys should follow Natural England and Bat conservation Trust Guidelines and be conducted between May and September during suitable weather conditions by experienced bat surveyors. Any necessary mitigation measures shall be carried out in accordance with the approved details unless otherwise agreed in writing with the local planning authority.

Reason: To make sure the conservation status of a protected species is maintained, and so protect the biodiversity of the environment, in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4.

09 The development shall not be occupied until 52 parking spaces have been provided on hardstandings within the curtilage of the site, together with properly constructed vehicular access to the adjoining highway, all in accordance with the approved plans. The parking spaces shall be permanently retained thereafter for the parking of occupiers and visitors to the development.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policies T11 of the BLP and CP3 of the Core Strategy DPD1.

10 Prior to first occupation of the development visibility splays to the site entrances shall be implemented in accordance with plans 801 - PL - 001 - C and shall be permanently retained thereafter.

To ensure safe and efficient vehicular access to the development in the interests of accessibility, highways efficiency and safety in accordance with , DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy T8, and SPD1 (Design and Townscape Guide).

11 Prior to first occupation of the proposed refuse and cycle stores shown on plan 801 - PL - 001 - C shall be provided. These stores must be clearly marked and made available at all times to everyone using the school development. Waste and cycles must be stored inside the appropriate stores and waste only put outside just before it is to be collected. The stores must not be used for any other purpose.

Reason: To protect the environment and provide suitable storage for cycles and waste and materials for recycling in accordance with DPD1 (Core Strategy) 2007 policy KP2, CP3 and CP4 and Borough Local Plan Policies T13.

12. Prior to first occupation of the development a Waste Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The plan shall detail how the development will provide for the collection of general refuse and re-usable and recyclable waste and what strategies will be in place to reduce the amount of general refuse over time. Waste management at the site shall be carried out in accordance with the approved strategy unless otherwise agreed in writing by the Local Planning Authority.

Reason: to ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies T8, T12, and C11 of the BLP and KP2 and CP3 of the Core Strategy DPD1.

13. The permitted hours for construction and demolition site works including loading and unloading are Monday to Friday 7.30 a.m. to 6.00 p.m. and Saturday 8.00 a.m. to 1.00 p.m. and not at all on Sundays or Bank Holidays.

Reason: In order to the protect the amenities of surrounding residents in accordance with policies KP2 and CP4 of the Core Strategy DPD1

14. During demolition and construction there shall be no burning of waste on site.

Reason: In order to the protect the amenities of surrounding residents in accordance with policies KP2 and CP4 of the Core Strategy DPD1

15. Prior to commencement of the development details of SUDs and a surface water management strategy to serve the development shall be submitted to and approved by the Local Planning Authority and thereafter implemented unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure a satisfactory standard of sustainable drainage and to prevent environmental and amenity problems arising from flooding in accordance with Policies KP2 and CP4 of the Core Strategy DPD1

16. To protect residential amenity from transport noise the following criteria shall be achieved.
Criteria:
A) Where habitable rooms will be exposed to noise levels that are in excess of NEC A of the adopted Noise Exposure Categories', mitigation should include a scheme of acoustic protection, submitted to and approved by the Council, sufficient to ensure internal noise levels no greater than 30LAeq,T dB in bedrooms and living rooms with windows closed at any time. Where the internal noise levels will exceed 35LAeq,T dB in bedrooms (night-time) and 45LAeq,T in living rooms (daytime) with windows open, the scheme of acoustic protection should incorporate appropriate acoustically screened mechanical ventilation.
B) Within gardens and amenity areas the daytime 07:00 - 23:00 hours level of noise should not exceed 55 dB LAeq,T free field. This excludes front gardens

To protect the environment of future occupiers in accordance DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policies E5, H5 and U2

17. Any mechanical ventilation or plant associated with the new residential development are assessed and mitigated so as not to be a nuisance to new habitants or existing dwellings. The following criteria would need to be achieved:
With reference to BS4142, the noise rating level arising from the proposed plant should be at least 5dB(A) below the prevailing background at 3.5 metres from the ground floor façades and 1m from all other facades of the nearest property. There shall be no tonal or impulsive characteristics.

To protect the environment of future occupiers in accordance DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policies E5, H5 and U2

18. No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority. The results of the site investigation shall be made available to the local planning authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures before development begins. If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures.

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with DPD1 (Core Strategy) 2007policy KP2.

19. Prior to installation of any external lighting an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light shall be submitted to and approved in writing by the LPA. External lighting shall be directed, sited and screened so as not to cause detrimental intrusion of light into residential properties.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy U2

20. No drainage works shall commence until a surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. No hard-standing areas to be constructed until the works have been carried out in accordance with the surface water strategy so approved unless otherwise agreed in writing by the Local Planning Authority.

Reason: To prevent environmental and amenity problems arising from flooding in accordance with Policy KP2 and CP4 of the Core Strategy 2007

21. All windows shown as being obscure glazed on the approved plans shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level unless otherwise agreed in writing by the local planning authority. In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

22. Notwithstanding the provisions of Classes A, B, C, and D of Part 1 and Classes A and C of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force), no extension or alterations to the new houses shall be undertaken unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of residential amenity and general environmental quality and in accordance with DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

23. Notwithstanding the provisions of Class A of Part 1 of Schedule 2 to the Town and Country Planning General Permitted Development Order 1995 (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force), no windows or other openings (other than
those shown on the plans) shall be formed in the outside walls of the buildings unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of residential amenity and general environmental quality in accordance DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

24. Prior to commencement of development a scheme to detail how car parking within the site will be managed shall be submitted to and agreed by the Local Planning Authority. The development shall thereafter be managed in accordance with the approved details.

Reason: To ensure that adequate car parking is provided, allocated and retained to serve the development in accordance with Policies T11 of the BLP and CP3 of the Core Strategy DPD1.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

Informatives:

01. Compliance with this decision notice does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended). Contact 01702 215005 for more information.

02. The developer should also consider control measures detailed in Best Practice Guidance "The control of dust and emissions from construction and demolition". http:www.london.gov.uk/thelondonplan/guides/bpg/bpg_04.jsp

(c) In the event that the planning obligation referred to in part (a) above has not been completed by 31st March 2015, the Corporate Director for Place. Head of Planning and Transport or Group Manager (Development Control & Building Control) be authorised to refuse planning permission for the application on the grounds that the development fails to:- i) provide adoption of highway within the site to provide for a satisfactory method of servicing the development. ii) provide an effective means of delivering Travel packs iii) provide for a satisfactory provision of public art and iv) provide for education facilities to serve the development, v) provide affordable housing to meet the needs of the Borough. As such would result in service vehicles blocking the highway within the site to the detriment of highway and other safety and is likely to place increased pressure on public services and infrastructure to the detriment of the general amenities of the area, contrary to Policies KP2, KP3, CP3, CP4, CP6 and CP8 of the Core Strategy, Policies H5,C11, C14, U1, T8, T12 and T13 of the Borough Local Plan, and the Design and Townscape Guide (2009).


(c) Shoeburyness Ward
14/01744/BC4M
Demolish buildings at Saxon Lodge and erect three storey building and two storey building comprising 15 self-contained flats, layout parking, bin store and soft and hard landscaping
Saxon Lodge, 20 Smith Street, Shoeburyness
Mr Karl Pickering, Tern Developments
Robert Hutson Architects

Mr Magnay, a local resident, spoke as an objector to the application.

(a) DELEGATED to the Corporate Director for Place, Head of Planning and Transport or Group Manager of Planning Control and Building Control to GRANT PLANNING PERMISSION subject to completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to seek the following:
• 9 units of affordable housing (shared ownership)
• Education contribution of £15,625.06
• Public art contribution/provision of £4570.45. Highways - Travel Packs to be provided.
• Section 106 Monitoring fee equivalent to 4% of any monetary contribution and £750 per non-monetary Head of Term
(b) The Corporate Director for Place, Head of Planning and Transport or the Group Manager (Development Control & Building Control) be authorised to determine the application upon completion of the above obligation, so long as planning permission when granted and the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

01 The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990

02. Unless otherwise agreed in writing with the local planning authority, the development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan number(s) 801 PL 015C, 801 PL 016-C, 801 PL 017D, 801 PL 018C, 801 PL 026, 801 PL 027B.

Reason: To ensure the development is carried out in accordance with the development plan.

03. No development shall take place until samples of the materials to be used on all the external elevations, on any screen/boundary walls and fences, and on any driveway, forecourt or parking area materials (including product type and colour) have been submitted to and approved by the local planning authority. The development shall only be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area and the adjacent Garrison Conservation Area in accordance with Policies C4 and C11 of the BLP and KP2 and CP4 of the BLP

04. No development shall commence until details of (including profile and sill detail), entranceways (including canopy and fixings), design and finish of all boundary treatments (including materials, gates and railing detail), bin and cycle store doors, and balustrade detail (including fixings), at a scale of at least 1:20 and including profile details, have been submitted to and approved by the Local Plan Authority The development shall only be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area and the adjacent Garrison Conservation Area in accordance with Policies C4 and C11 of the BLP and KP2 and CP4 of the BLP

05. The development shall not be occupied until 15 parking spaces have been provided on hardstandings within the curtilage of the site, together with properly constructed vehicular access to the adjoining highway, all in accordance with the approved plans. The parking spaces shall be permanently retained thereafter for the parking of occupiers and visitors to the development.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policies T11 of the BLP and CP3 of the Core Strategy DPD1.

06. Prior to first occupation of the development separate stores for waste and materials for recycling must be provided as shown on drawing 801-PL-01-C.These stores must be clearly marked and made available at all times to everyone using the development. Waste must be stored inside the property and only put outside just before it is to be collected. The stores must not be used for any other purpose.

Reason: to ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies T8, T12, and C11 of the BLP and KP2 and CP3 of the Core Strategy DPD1.

07. Prior to first occupation of the development 15 cycle parking spaces shall be provided within secure covered parking stores as shown on drawing801-PL-01-C. These cycle stores must be clearly marked and made available at all times to everyone using the development. The cycle stores must not be used for any other purpose.

Reason: In order to ensure that sufficient and satisfactory cycle parking is available to meet the needs of occupiers and users of the development in accordance with Policy T13 of the BLP and KP2 and CP3 of the Core Strategy DPD1.

08. Notwithstanding the submitted landscaping plan, no development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping. This shall include details of all the existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development; details of the number, size and location of the trees and shrubs to be planted together with a planting specification, details of the management of the site, e.g. the uncompacting of the site prior to planting, the staking of trees and removal of the stakes once the trees are established; details of measures to enhance biodiversity within the site and details of the treatment of all hard and soft surfaces (including any earthworks to be carried out) and boundary treatment. The approved details shall be implemented within the first planting season following first occupation of the development.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy C14 of the Borough Local Plan and Policy CP4 of the Core Strategy DPD1
09. A Landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the local planning authority prior to the occupation of the development. The landscape management plan shall be carried out as approved.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy C14 of the Borough Local Plan and Policy CP4 of the Core Strategy DPD1

10. The measures to ensure at least 10% of the energy needs of the development will come from on site renewable options (and/or decentralised renewable or low carbon energy sources) for each stage of the development shall be implemented as detailed in the submitted Energy and Sustainability Statement by AES Southern dated February 2015 and brought into use on first occupation of each phase of the development.

Reason: To ensure the development maximises the use of renewable and recycled energy, water and other resources, in accordance with Policy KP2 of the Core Strategy DPD1

11. Prior to first occupation of the development a Waste Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The plan shall detail how the development will provide for the collection of general refuse and re-usable and recyclable waste and what strategies will be in place to reduce the amount of general refuse over time. Waste management at the site shall be carried out in accordance with the approved strategy unless otherwise agreed in writing by the Local Planning Authority.

Reason: to ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies T8, T12, and C11 of the BLP and KP2 and CP3 of the Core Strategy DPD1.

12. The permitted hours for construction and demolition site works including loading and unloading are Monday to Friday 7.30 a.m. to 6.00 p.m. and Saturday 8.00 a.m. to 1.00 p.m. and not at all on Sundays or Bank Holidays.

Reason: In order to the protect the amenities of surrounding residents in accordance with policies KP2 and CP4 of the Core Strategy DPD1

13. During demolition and construction there shall be no burning of waste on site.

Reason: In order to the protect the amenities of surrounding residents in accordance with policies KP2 and CP4 of the Core Strategy DPD1

14. Prior to commencement of the development details of SUDs and a surface waste management strategy to serve the development shall be submitted to and approved by the Local Planning Authority and thereafter implemented unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure a satisfactory standard of sustainable drainage and to prevent environmental and amenity problems arising from flooding in accordance with Policies KP2 and CP4 of the Core Strategy DPD1

15. All windows shown as being obscure glazed on the approved plans shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level unless otherwise agreed in writing by the local planning authority. In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

16. Prior to commencement of development a construction traffic management plan shall be submitted to and approved by the Local Panning Authority. The demolition of existing buildings and the construction of the approved development shall be carried out in accordance with the approved details.

Reason: In the interests of highways safety and to protect the amenities of people in neighbouring residential properties in accordance with DPD1 (Core Strategy) 2007 policy CP3 and Borough Local Plan 1994 policiesT8 and H5

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

Informatives

The applicant is reminded that this permission does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. The provisions apply to the construction phase and not solely to the operation of the completed development. Contact 01702 215005 for more information.

The developer should also consider control measures detailed in Best Practice Guidance "The control of dust and emissions from construction and demolition". http:www.london.gov.uk/thelondonplan/guides/bpg/bpg_04.jsp

(c) In the event that the planning obligation referred to in part (a) above has not been completed by 31st March 2015, the Corporate Director for Place, Head of Planning and Transport or Group Manager (Development Control & Building Control) be authorised to refuse planning permission for the application on the grounds that the development fails to:- i) provide an effective means of delivering Travel packs iii) provide for a satisfactory provision of public art and iv) provide for education facilities to serve the development, v) provide affordable housing to meet the needs of the Borough. As such it is likely to place increased pressure on public services and infrastructure to the detriment of the general amenities of the area, contrary to Policies KP2, KP3, CP3, CP4, CP6 and CP8 of the Core Strategy, Policies H5, C11, C14, U1, T8, T12 and T13 of the Borough Local Plan, and the Design and Townscape Guide (2009).


(d) West Leigh Ward
15/00101/FULH
Erect single storey rear extension with raised patio and screening to side elevations, hipped to gable roof and dormer to rear (Retrospective).
54 Braemar Crescent, Leigh-on-Sea, Essex, SS9 3RJ
Mr & Mrs Ranson
Knight Gratrix Architects

Planning Permission GRANTED subject to the following conditions:

01 The roof of the extension hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other purpose unless otherwise agreed in writing by the local planning authority. The roof can however be used for the purposes of maintenance or to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the NPPF, DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

02 The second floor windows in the eastern elevation shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level unless otherwise agreed in writing by the local planning authority. In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

03 The boundary wall shown on plan 032 A shall be installed/erected within 2 months of the date of this permission unless otherwise agreed in writing by the Local Planning Authority. The boundary wall shall feature bricks that match the existing wall.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

04 Within 1 month of the date of this permission, details of privacy screens including their appearance and positioning along the south west and north east boundaries of the site, shall be submitted to and agreed in writing by the local planning authority. Within 2 months of the details being agreed, the privacy screens shall be installed in accordance with the approved details and retained at all times thereafter.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.


(e) West Shoebury Ward
15/00124/BC4
Form temporary vehicular access onto Shoebury Common Road
10 Lodwick, Shoeburyness, Southend-on-Sea, Essex, SS3 9HW
Mr & Mrs Gordon
Spatial Design Architects

Planning Permission GRANTED subject to the following conditions:

01 The temporary vehicle crossover hereby permitted shall be for a limited period of 2 years from the date of this decision. At the end of this period the use hereby permitted shall cease, the pavement shall be reinstated and any damage rectified. Details of the highway prior to commencement of works and upon reinstatement of the highway shall be submitted to the Local Planning Authority in writing upon the end of the 2 year period.

Reason: The application has only been made for permission on a temporary period, and it is considered a permanent permission would comply with policy CP3 of the Core Strategy.

02 The development hereby permitted shall be carried out in accordance with the approved plans S01 Revision B; S02.

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

03 The permission hereby approved shall be carried out in accordance with the construction programme submitted to the local planning authority on the 10.02.2015, unless otherwise agreed in writing by the local planning authority.

Reason: To avoid blocking the surrounding streets and to protect the environment of people in neighbours properties in accordance with the NPPF, policy T8 of the Borough Local Plan and DPD1 (Core Strategy) 2007 and SPD1 Design and Townscape Guide.

04 There shall be no access to the site by any vehicles other than construction vehicles and the entrance/exit to the site shall be secured to prevent such an access.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.


(f) Eastwood Park
14/01964/FULM
Extend car park at Macmurdo Road entrance
Edwards Hall Primary School, Macmurdo Road, Eastwood, Essex, SS9 5AQ
Edwards Hall Primary School,
T C Matthew Chartered Architect

Planning Permission GRANTDD subject to the following conditions:

01 The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

02 The development hereby permitted shall be carried out in accordance with the approved plans 14130-LOC-010; 14130_P_P_010; 14130_S_010; 14120-STP-010.

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

03 No development shall commence until details of the materials to be used on the surface of the parking layout and fencing, have been submitted to and agreed in writing by the local planning authority.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set in National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11 and SPD1 (Design and Townscape Guide).

04 No development shall commence until details of landscaping works to the eastern boundary shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved unless otherwise agreed in writing by the local planning authority. The planting shown on the approved drawings must be carried out within one planting season of completing the development (or within any other time limit agreed in writing with the local planning authority). If any trees are removed or found to be dying, severely damaged or diseased within 5 years of planting them, they must be replaced with trees of a similar size and species.

Reason: In interests of visual amenity to ensure that the appearance of the building makes a positive contribution to the character and appearance of the existing school building and surrounding area in accordance with the NPPF, policies KP2 and CP4 of the Core Strategy and policy C11 of the Borough Local Plan and the Design and Townscape Guide.

05 Prior to use of the car park, details of an acoustic fence to be installed on the side boundary of nos. 23 and 17 Macmurdo Road and to the rear of nos. 23, 25 and 27 Macmurdo Road shall be submitted to and agreed in writing by the local planning authority. The fence shall be installed in accordance with the approved details and be permanently retained thereafter, unless otherwise agreed in writing by the local planning authority.

Reason: To protect residential amenity and general environment quality in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policies H5, E5 and U2.

06 Prior to the use of the car park hereby approved, a Travel Plan including a comprehensive survey of all users, targets to reduce car journeys to school, details of local resident involvement in the adoption and implementation of the travel plan, identifying sustainable transport modes including cycling and modes of public transport shall be submitted to and agreed in writing by the local planning authority, prior to the first use of the approved parking area. The Travel Plan shall be implemented in accordance with the approved details.

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with the NPPF, DPD1 (Core Strategy) 2007 policy KP2, CP3 and CP4, Borough Local Plan 1994 policy T8, and SPD1 (Design and Townscape Guide).

07 No development shall commence until details of a sustainable drainage system have been submitted to and agreed by the local planning authority. The sustainable drainage system shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.


(g) Blenheim Park Ward
14/01708/FULM
Erect single storey building for use as sports hall and class rooms (Class D1 Non-Residential Institutions)
Wellstead Gardens Sports And Social Club, Wellstead Gardens, Westcliff-on-Sea, Essex
South Essex College
APC Planning Ltd

Ms Saunders, a local resident, spoke as an objector to the application.

DEFERRED (PMSV)


(h) Blenheim Park Ward
15/00090/DOV
Modification of planning obligation (Section 106 agreement) dated 30/06/2008 pursuant to application 07/01870/OUT to remove the requirement to provide affordable housing.
Leigh Brook Mews, 53 Pavilion Drive, Leigh-On-Sea, Essex SS9 3JS
Sandhurst Newhomes Limited
(Michael Calder) Phase 2 Planning and Development Ltd

(a) DELEGATED to the Corporate Director for Place, Head of Planning & Transportation or Group Manager for Planning & Building Control to GRANT THE MODIFICATION TO THE SECTION 106 AGREEMENT dated 30 June 2008 pursuant to application 07/01870/OUTM to allow the following:

• Contribution of £128,369 towards affordable housing provision within the Borough required as a consequence of this development in lieu of provision of affordable housing at 53 Pavilion Drive;
• Contribution payable on completion of the Deed of Variation.

(b) In the event that the modification referred to in part (a) is not secured by means of a completed Deed of Variation within 90 days of the resolution to grant the modification to the Section 106 agreement, then the Corporate Director for Place, Head of Planning & Transportation or Group Manager for Planning & Building Control be authorised to refuse the application to modify the S106 agreement on the basis of the on-going breach of planning control.

(i) West Leigh
15/00086/FUL
Demolish existing dwelling and erect two semidetached dwellings, layout parking to front and amenity space to the rear.
34 Percy Road, Leigh-on-Sea, Essex, SS9 2LA
Mrs H Collins
Knight Gratrix Architects

Mr Johnson, a local resident spoke as an objector to the application.

Planning Permission REFUSED for the following reasons:

01 The proposed development by reason of its excessive scale, height, bulk, mass, detailed design and materials and limited outdoor space would appear incongruous and out of keeping within the streetscene to the detriment of the appearance and character and appearance of the area and represent overdevelopment of the site contrary to the National Planning Policy Framework; Policies KP2 and CP4 of the Core Strategy; Policies C11 and H5 the Borough Local Plan and advice contained within the adopted Design and Townscape Guide (SPD1).

02 The proposed development due to its height, bulk and position in relation to neighbouring properties would result in an overbearing dominant form and result loss of privacy through unmitigated overlooking contrary to the National Planning Policy Framework, Policy CP4 of the Core Strategy, Policies C11, H5 of the Southend on Sea Borough Local Plan and the Design and Townscape Guide.

03 The development does not provide sufficient off-street car parking space for the occupants of the new dwelling(s) and would lead to an increase in demand for on-street parking to the detriment of highway efficiency and safety, contrary to Policies CP3 of the Core Strategy; policies T8 and T11 of the Borough Local Plan; EPOA Parking Standards and advice contained within the Design and Townscape Guide SPD1 and the National Planning Policy Framework (NPPF).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal. The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action and is also willing to provide pre-application advice in respect of any future application for a revised development, should the applicant wish to exercise this option in accordance with the Council's pre-application advice service.


(j) Milton Ward
15/00066/FULH
Erect single storey building opposite 5 Park Terrace (Amended Proposal)
5 Park Terrace, Westcliff-on-Sea, Essex, SS0 7PH
Mr Jim Lawrence
New World Designers

DEFERRED (PMSV)
2.00 p.m./5.05 p.m.

Attendance Details

Present:
Councillor A Crystall (Chairman),
Councillors A M Chalk (Vice-Chairman), B Ayling, M A Betson, M L Borton, T K Byford, M F Evans, N J Folkard, J M Garston*, D J Jarvis*, R N Morgan, I T Robertson, M Royston, Velmurugan
(*Substitute in accordance with Council Procedure Rule 31)
In attendance:
Councillors M Assenheim, A P Jones, C A Mulroney
J K Williams, P Geraghty, D Hermitage, C Galforg, J Rowley, M Warren, and T Row

Business

ItemBusiness
694The Committee received reports of the Corporate Director for Place which reported on applications which had been deposited with the Council.

 

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