Apologies for absence were received from Councillors Waterworth (Substitute: Councillor McGlone), Ayling (Substitute: Councillor Ward), Butler (Substitute: Councillor Boyd) and Callaghan (no substitute).

The following interests were declared at the meeting:

(a)  Councillor Evans – Agenda Item No. 6 - 16/02213/FUL - 7-9 Landsdowne Avenue, Leigh on Sea – Non-pecuniary interest: Customer at the premises;

(b)  Councillor Hadley – Agenda Item No. 4 - 16/02207/BC4M - Centurion Close, Shoeburyness – Non-pecuniary interest: Member of the Management Committee of the Community Centre;

(c)  Councillor Hadley – Agenda Item No. 8 - 16/01497/FUL - 149 Leigh Road, Leigh-on-Sea – Disqualifying non-pecuniary interest: Chairman of the Licensing Committee (withdrew);

(d)  Councillor Jones – Agenda Item No. 10 - 16/02061/FUL - Rear Of 2-10 Camper Road, Southend-on-Sea – Non-pecuniary interest: Objector/public speaker is known to her via Labour Party (RSE);

(e)  Councillor McGlone – Agenda Item No.7 - 16/02066/FULM - Southend High School For Girls, Southchurch Boulevard – Non-pecuniary interest: Ex-employee of the School;

(f)  Councillor McGlone – Agenda Item No. 8 - 16/01497/FUL - 149 Leigh Road, Leigh-on-Sea – Disqualifying non-pecuniary interest: Vice-Chairman of the Licensing Committee (withdrew);

(g)  Councillor Mulroney – Agenda Item No. 8 -16/01497/FUL - 149 Leigh Road, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

(h)  Councillor Van Looy – Agenda Item No. 8 -16/01497/FUL - 149 Leigh Road, Leigh-on-Sea – Non-pecuniary interest: Applicant is known to him;

(i)  Councillor Van Looy – Agenda Item No. 10 - 16/02061/FUL - Rear Of 2-10 Camper Road, Southend-on-Sea – Non-pecuniary interest: Applicant is known to him;

(j)  Councillor Walker – Agenda Item No. 6 - 16/02213/FUL - 7-9 Lansdowne Avenue. Leigh-on-Sea – Non-pecuniary interest: Applicant is known to him;

(k)  Mr P Geraghty –Agenda Item No. 4 - 16/02207/BC4M - Centurion Close, Shoeburyness – Disqualifying non-pecuniary interest: Sits on the project board (withdrew).

The Committee received a supplementary report by the Deputy Chief Executive (Place) that provided additional information on items referred to elsewhere on the Agenda.

Proposal: Demolish existing buildings and erect nursery and playground with ancillary community hall use (Class D1), erect nine dwellinghouses, layout parking, install vehicular access on to Centurion Close and associated landscaping

Applicant:  Public Sector Partnership (Southend) LLP

Agent:  Bidwells

Planning permission GRANTED 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 shall be carried out in accordance with the approved plans:

 729_P_700;  729_P_702;  729_P_703;  729_P_704; 729_P_705;  734_P_706;  734_P_707;  729_P_708; 729_P_710;  729_P_712;  729_P_713;  729_P_714; 729_P_718;  729_P_720;  729_P_721;  729_P_722; 729_P_723;  729_P_724;  729_P_725;  734_P_730; 734_P_731 ; 734_P_732;  734_P_73 P2;  734_P_734; 734_P_735;  734_P_737;  734_P_740;  734_P_741; 734_P_742; 734_P_743

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

03  No construction works for the nursery building above the floor slab level shall take place until samples and product details of the materials to be used in the construction of the external elevations of the nursery building hereby permitted, including cladding, fenestration, canopy and screening have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy and Policy DM1 of the Development Management DPD 2015 and the Design and Townscape Guide 2009

04  No construction works for the dwellings shall take place until samples and product details of the materials to be used in the construction of the external elevations of the buildings hereby permitted, including cladding, screening, balustrades, glazed brickwork and fenestration have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason:  To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy and Policy DM1 of the Development Management DPD 2015 and the Design and Townscape Guide 2009

05  No construction works for the housing above the floor slab level shall take place until details of fenestration including reveals, brick patterning panels, and glazed brickwork within window frames, at a scale of at least 1:20 have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason:  To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy and Policy DM1 of the Development Management DPD 2015 and the Design and Townscape Guide 2009

06  Prior to the display of any signage relating to the Nursery details shall be submitted to an approved by the Local Planning Authority and the signage shall be displayed only in accordance with the approved details.

Reason:  To safeguard character and appearance of surrounding area in accordance with  ...  view the full minutes text for item 747.

Proposal:  Demolish existing single storey rear extension and garage to side, raise ridge height with dormer to rear, erect two storey rear extension with juliette balcony at first floor, first floor front extension incorporating porch at ground floor, part single/part two storey side extension, outbuilding to rear, alter elevations, form outdoor swimming pool at rear, layout hardstanding to front and install vehicular access on to Lynton road (Amended Proposal)

Applicant:  Mr and Mrs McCoy

Agent:  Medusa Design

Mrs Holland, a local resident, spoke as an objector to the application.  Mr McCoy, the Applicant, responded.

Planning permission REFUSED for the following reason:

01 The proposed development, by reason of its bulk, scale and proximity to the neighbouring dwelling, would result in limited spacing between properties and a cramped form of development which could be detrimental to character and appearance of the streetscene and contrary to the provisions of the NPPF, policies CP4 of the Southend Core Strategy 2007, DM1 and DM3 of the Development Management DPD and guidance contained within the Design and Townscape Guide.

Proposal:  Demolish existing buildings and erect two semi-detached dwellinghouses with roof extension's and pergola's to rear, layout parking, hard and soft landscaping (Amended Proposal)

Applicant:  Mr G. Hutchinson

Agent:  Mr S. Milne, The Livemore House

Planning permission GRANTED subject to the following conditions:

01. The development hereby permitted shall begin no later than 3 (three) years from the date of this decision.

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: 15015-01(B) (Dated 12/12/16), 15015-04 (B) (Dated 12/12/16) and 15015-05 (B) (Dated 15/12/16)

Reason: To ensure that the development is carried out in accordance with provisions of the Development Plan.

03. No development shall take place until samples of the materials to be used on the external elevations of the dwellings, on any screen/boundary walls, fences and gates, and on any driveway, access road, forecourt or parking area, and details of the window design and detailing to the pillars to the front bay windows have been submitted to and approved by the local planning authority.  The development shall only be carried out in accordance with the approved details before it is brought into use.

Reason: To safeguard character and appearance of the area and amenities of neighbouring occupiers in accordance with Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Development Management Document and the Design and Townscape Guide, 2009 (SPD1).

04. 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 site 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 means of enclosing the site. The landscaping shall be implemented in accordance with the agreed details, unless otherwise first agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy, Policy DM1 of the Development Management Document and the Design and Townscape Guide, 2009. 

05. All planting in the approved landscaping scheme shall be carried out within the first available planting season following the completion of the development or before it is brought into use of occupied.  Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years  ...  view the full minutes text for item 749.

Proposal:  Erect two storey teaching block, repositioning of tennis courts and store and layout parking.

Applicant:  Southend High School For Girls

Agent:  PCH Associates Ltd

Planning permission GRANTED 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 188-3_PL_007.R1; 188-3_PL_006.R0; 188-3_PL_002.R1; 188-3_PL_004.R1; 188-3-PL_005.R01.

Reason: To ensure that the development is carried out in accordance with the policies contained within the Development Plan. 

03  No development shall take place until samples of the materials to be used on all the external elevations and 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: 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 surrounding locality. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management Document) 2015 policy DM1 and SPD1 (Design and Townscape Guide)

04  No development of the replacement tennis courts shall commence until details of the design and layout of the replacement tennis courts, including details of surfacing, line marking, fencing and enhancements have been submitted to and approved in writing by the Local Planning Authority [after consultation with Sport England]. The replacement tennis courts shall not be constructed other than in accordance with the approved details.

Reason: To ensure the satisfactory, quality of compensatory provision and to ensure that the development is  fit for purpose and sustainable and to accord with Development Plan Policy CP7 of the Core Strategy DPD1.

05  The replacement tennis courts shall be completed and made available for use within 3 months of the practical completion of the teaching block hereby permitted.

Reason:  To ensure the satisfactory quantity, quality and accessibility of compensatory provision which secures a continuity of use [phasing provision] and to accord with Development Plan Policy CP7 of the Core Strategy DPD1.

06  No development shall take place until full details of both hard and soft landscape works, have been submitted to and approved in writing by the local planning authority and the approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development, unless otherwise agreed in writing by the local planning authority. These details shall include, for example:-

i  proposed finished levels or contours; 

ii.  means of enclosure, including any gates to the car parks; 

iii.  car parking layouts; 

iv.  other vehicle and pedestrian access and circulation areas; 

v.  hard surfacing materials; 

vi. minor artefacts and structures (e.g. street furniture, loggia, bollards, play equipment, refuse or other storage units,  ...  view the full minutes text for item 750.

Proposal:  Change of use of first floor from offices (Class A2) to restaurant (Class A3) and ground floor restaurant (Class A3) to Bar/Restaurant (Mixed use Class A3/A4), erect single storey extension and external staircase at rear, install replacement shopfront at ground floor, alter existing extraction duct and alter elevations

Applicant:  Mr A. Artemi, The Vine

Agent:  Mr A. Merry, Design Associates

Planning permission REFUSED for the following reasons:

01  The Council has received a number of noise complaints in relation to the current use of the premises and the applicant has failed to provide satisfactory evidence to demonstrate that the proposed development (including the existing ground floor bar/restaurant) would not give rise to further undue noise and disturbance to neighbouring occupiers, to the detriment of the amenities thereof. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework; DPD1 (Core Strategy) Policies KP2 and CP4; Development Management Document Policy DM1, and the Design and Townscape Guide SPD1.

02  The existing extract and ventilation system, by reason of the enlarged kitchen and increased number of covers would be inadequately to prevent the spread of noise and odours. This would be detrimental to the amenities of local residents and the environmental quality of the local area, contrary to the National Planning Policy Framework; DPD1 (Core Strategy) Policies KP2 and CP4; Development Management Document Policy DM1, and the Design and Townscape Guide SPD1.

03  The proposed development by virtue of the increased parking demand would exacerbate existing on-street parking stress, to the detriment of highway safety and efficiency, contrary to the National Planning Policy Framework; DPD1 (Core Strategy) Policies KP2, CP4, CP3; Policy DM15 of the Development Management Document, the Design and Townscape Guide SPD1.

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.

Informatives

01. Please note that this application would be liable for a payment under the Community Infrastructure Levy Regulations 2010 (as amended) if planning permission had been granted. Therefore if an appeal is lodged and subsequently allowed, the CIL liability will be applied. Any revised application would also be CIL liable.

2.  The applicant is reminded that this permission does not bestow compliance with the Food Safety and Hygiene (England) Regulations 2013 or any other provision so enacted, such as those located within the  ...  view the full minutes text for item 751.

Proposal:  Erect two storey side extension to form terraced house and

layout parking

Applicant:  Stockvale Properties Limited

Agent:  SKArchitects

DEFERRED

Proposal:  Replace plan 151-02-13 2, 151-02-13 P01 with 151-02-13 2A, 151-02-13 P01B to amend parking layout (Variation of conditions 2 and 4 of planning application 13/01753/FUL dated 17/02/14) (retrospective)

Applicant:  Stockvale Properties LTD

Agent:  SKArchitects

Ms Sanders, a local resident, spoke as an objector to the application.  Mr Kearney, the applicant’s agent, responded.

Planning permission GRANTED subject to the following conditions:

01  The development hereby permitted shall be carried out in accordance with the following approved plans: P01 Revision C; P02(4) Revision A P02 Revision B and P03 Revision B.

Reason:  To ensure that the development is carried out in accordance with the provisions of the Development Plan.

02  Notwithstanding the submitted plan P02(4), within three months of the date of this permission five marked car parking spaces shall be provided and shall thereafter be permanently retained for the parking of private motor vehicles solely for the benefit of the occupants of the dwelling(s) of which it forms part and their visitors and for no other purpose unless otherwise agreed in writing by the local planning authority. 

Reason:  To ensure that satisfactory off-street car parking is provided in the interests of residential amenity and highways efficiency and safety, in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2, DPD2 (Development Management Document) policy DM15, and SPD1 (Design and Townscape Guide). 

03  Within three months of the date of this permission, photovoltaic panels shall be installed carried out in accordance with details of renewable energy statement carried out by pemxq September 2013 and drawings P02 Revision B and P03 Revision B relating to the photovoltaic panels and permanently retained thereafter.

Reason:  In the interest of sustainable development and in accordance with Policy KP2 of the Southend on Sea Borough Core Strategy.

04  The development hereby permitted shall operate at all times in accordance with the 'Flood Evacuation and Warning Plan' project 151-02-13 submitted with this application.

Reason: To ensure that the habitable development remains dry in the event of flooding for the adequate protection of the occupants in accordance with the NPPF.

05  The development hereby permitted Trentside Geotechnical Testing and Site Investigations Limited report dated 22.04.2016 reference JB/TGT/010 is agreed, unless otherwise agreed in writing by the local planning authority.

Informative

01  You are advised that as the proposed external alterations  does not result in the creation of new floorspace given that it equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.

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  ...  view the full minutes text for item 753.

Proposal:  Erect two storey side extension, single storey rear extension, alterations to elevations and erect porch canopy to front

Applicant:  Mr And Mrs Whyte

Agent:  Knight Gratrix Architects

Planning permission GRANTED subject to the following conditions:

01  The development hereby permitted shall begin not later than three years from the date of this decision.  (C01A)

Reason:  Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. (R01A)

02  The development hereby permitted shall be carried out in accordance with the following approved plans: 1085 010 C & 1085 011 C (C01D)

Reason:  To ensure that the development is carried out in accordance with the provisions of the Development Plan. (R01D)

03  All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance.  This applies unless differences are shown on the drawings hereby approved or are required by conditions to this permission.  (C23D)

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 out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Development Management DPD policy DM1, and SPD1 (Design and Townscape Guide). 

04  Notwithstanding the approved plans (condition 02), the proposed flat roof section shall be set lower from the ridge of the hipped roof and ridge tiles shall be installed at the edges of this flat roof section, in accordance with the details which shall be previously been submitted to and approved 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 out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Development Management DPD policy DM1, and SPD1 (Design and Townscape Guide). 

05  The roof of the building/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.  (C17A)

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, Development Management DPD policy DM1 and SPD1 (Design and Townscape Guide).

06  The first floor bathroom window in the east 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  ...  view the full minutes text for item 754.

Proposal:  Single storey side and rear extension (Retrospective)

Applicant:  Mr Biju Matthew

Agent:  Mr Graham Miles

Planning permission GRANTED subject to the following conditions:

01  The development hereby permitted shall be retained in accordance with the following approved plans: 1497/10-A, 1497/00, 1497/11

Reason: To ensure that the development is carried out in accordance with provisions of the Development Plan

02 The roof of the building/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 National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4 and SPD1 (Design and Townscape Guide).

Breach of Planning Control:  Without planning permission, the construction of a single storey part side/part rear extension.

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure the removal of the single storey part side/part rear extension on the grounds that the unauthorised development is detrimental to the amenities and character of the area in that its design and materials do not respect the existing character and appearance of the building and that its appearance results in demonstrable harm to the visual amenities of the area contrary to the NPPF, Policies CP4 and KP2 of the Core Strategy, Policies DM1 and DM3 of the Development Management Document and the advice contained within the Design & Townscape Guide. 

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Act and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance.  In this case the necessary remedial works would probably require quotations to be sought and contracts agreed so a compliance period of 3 months is considered reasonable.

Fell one Bay tree (T4). two Yew Trees (T5 •&T6), one Pear Tree (T7) and fell Leylandii between two Sycamore Trees (T27 and T28) at 29.-33 Hadleigh Road (Application for works to trees within a conservation area)

Applicant:  Mr Jeremy Holmes

The Chairman agreed that this item be considered at this meeting as an urgent additional item on the grounds that a decision on this matter was required before the following meeting of the Committee.

Proposal:  Fell one Bay tree (T4). two Yew Trees (T5 &T6), one Pear Tree (T7) and fell Leylandii between two Sycamore Trees (T27 and T28) at 29.-33 Hadleigh Road (Application for works to trees within a conservation area)

Applicant:  Mr Jeremy Holmes

The Chairman agreed that this item be considered at this meeting as an urgent additional item on the grounds that a decision on this matter was required before the following meeting of the Committee.

DELGATED to the Deputy Chief Executive (Place), Head of Planning & Transport or the Group Manager Planning Control and Building Control to REFUSE PRIOR APPROVAL in respect to T5 and T6 and serve a provisional Tree Preservation Order and undertake any necessary steps to protect the loss of the two yew trees (T5 and T6) shown on the submitted plans.