Apologies for absence were received from Councillor Arscott (no substitute).

The following interests were declared at the meeting:

(a)  Councillor Folkard – Agenda Item No. 12 (17/01019/FULH - 6 Leas Gardens, Westcliff-on-Sea) – Disqualifying non-pecuniary interest: Applicant is known to him as a Councillor and socialises with him (withdrew);

(NOTE: All other Councillors present declared non-pecuniary interest in this item on the grounds that the applicant was known to them as a fellow Councillor.)

(b)  Councillor Mulroney – Agenda Item Nos. 4 (17/01001/FUL - 141 Leighton Avenue, Leigh-on-Sea), 5 (17/01287/FUL - Garages R/o 1- 4 Chalkwell Bay Flats, Undercliff Gardens, Leigh-on-Sea), 8 (17/01041/FUL - 34 Percy Road, Leigh-on-Sea), 9 (17/01361/TPO - Haydon House, 10 Underwood Square, Leigh-on-Sea), 10 (17/00969/FUL - 42A Lord Roberts Avenue, Leigh-on-Sea) and 11 (17/01008/FULH - 66 Leigham Court Drive, Leigh-on-Sea) – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

(c)  Councillor Norman MBE – Agenda Item No. 7 (17/01090/FUL - 78 Mountdale Gardens, Leigh-on-Sea – Non-pecuniary interest: Daughter worked at the School;

(d)  Councillor Van Looy – Agenda Item No. 5 (17/01287/FUL - Garages R/o 1- 4 Chalkwell Bay Flats, Undercliff Gardens, Leigh-on-Sea) – Non-pecuniary interest: Applicant is known to him;

(e)  Councillor Walker – Agenda Item No. 7 (17/01090/FUL - 78 Mountdale Gardens, Leigh-on-Sea) – Non-pecuniary interest: Head teacher is a fellow trustee of Southend Boys and Girls Choir;

(f)  Councillor Walker – Agenda Item No. 9 (17/01361/TPO - Haydon House, 10 Underwood Square, Leigh-on-Sea) – Non-pecuniary interest: Friends live in Underwood Square and Lime Avenue;

(g)  Councillor Ward – Agenda Item No. 9 (17/01361/TPO - Haydon House, 10 Underwood Square, Leigh-on-Sea) – Non-pecuniary interest: Applicant is known to him.

NOTE:  All Councillors present also declared a non-pecuniary interest in Agenda Item No. 11 (17/01008/FULH - 66 Leigham Court Drive, Leigh-on-Sea) on the grounds that the applicant was an officer at the Council.

Report to be tabled at the meeting

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 two storey dwelling house and erect a pair of two storey semi-detached dwelling houses, layout associated parking and form vehicular accesses on to Leighton Avenue

Applicant:  Mr Herrtage

Agent:  Mr John Beuvink

Resolved:  That Planning Permission be 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: 17-101 PO1C; 17-101 P02; 17-101 P03; 17-101 PO4 & 17-101 P05.

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, including walls, roof, dormers, porch canopy, paving, and on any screen/boundary walls and fences, driveway, forecourt 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 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.

04  The development shall not be occupied until four car parking spaces have been provided at the site in accordance with drawing 17-101 PO1C, together with properly constructed vehicular accesses to the adjoining highway, all in accordance with the approved plans. The parking spaces shall be permanently retained thereafter for the parking of occupiers of and visitors to the development.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with policy CP3 of the Core Strategy, policy DM15 of the Development Management Document.

05  No development shall take place until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the local planning authority. 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. The details submitted shall include, but not limited to:-

(i)  proposed finished site levels or contours;

(ii)  means of enclosure, of the site including any gates or boundary fencing;

(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, signs, lighting, etc.);

(vii)  details of the number, size and location of the trees including new street tree shrubs and plants to be retained and planted together with a planting 11 specification

(viii)  details of measures to enhance biodiversity within the site;

Any trees or shrubs dying, removed, being severely damaged  ...  view the full minutes text for item 274.

Proposal:  Erect additional garage to existing garage site rear of 1 to 4 Chalkwell bay flats (Amended Proposal)

Applicant:  Mr Christopher Bailey

Resolved:  That Planning Permission is REFUSED for the following reasons:

01  The proposed development, by reason of its size, scale, bulk, use of materials, siting and the prominence of the proposed structure, would be detrimental to the character and appearance of the application site and the area more widely. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework; Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015); and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02  The proposed development would result in a reduction in the area available for parking vehicles at the application site and be likely to cause additional vehicles to park within the surround public highway, to the detriment of the free flow of traffic and highway safety conditions in the area. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework; Policy CP3 of the Southend-on-Sea Core Strategy (2007); and Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015).

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. The Local Planning Authority is willing to discuss the best course of action in respect of any future application for a revised development.

Informative

You are advised that as the proposed development 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.

Proposal: Application to vary condition 2 (approved plans) of planning permission 16/01503/FULM (Demolish existing buildings, erect 3 storey block comprising of 44 flats, 252sq. m retail commercial floor space at ground floor, communal amenity space, landscaping, parking and associated works) dated 29/03/2017 to alter elevations, alter layout, alter unit mix.

Applicant:  Dove Jeffrey Homes Ltd

Agent:  FRONT Architecture Ltd

Resolved:  (a)  That the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager of Development Control & Building Control be DELEGATED 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:

•  A minimum of 9 units of affordable rented housing units (20% of overall provision) comprising 2x1 bed and 7x2 bed units.

•  Traffic Regulation Order contribution of £4,000

•  Provision of Travel Packs for residents.

•  Retail Travel Plan.

(b)  The Deputy Chief Executive (Place) Director for Planning and Transport or the Group Manager (Planning & 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 the original permission (29th March 2017).

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: FRNT_16.563_200_P5 site plan and streetscene; FRNT_16.563_201_P4 Block A floor plans;  FRNT_16.563_202_P4 Block B floor plans; FRNT_16.563_204_P4 Block A elevations; FRNT_16.563_205_P4 Block B elevations; FRNT_16.563_203_P3 Block C Floor Plans; FRNT_16.563_206_P4   Block C elevations: Location plan 001. 

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

03  No construction works above the floor slab level shall take place until samples of the materials to be used in the construction of the external elevations of the building hereby permitted, including balconies, balustrades, screening, fenestration, front porches and hoods have been submitted to and approved in writing by the local planning authority. Development shall be carried out only 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 2007, Policy DM1 and DM3 of the Development Management Document 2015 and the Design and Townscape Guide 2009

04  Hard and Soft Landscaping shall be carried out in accordance with details approved under application 17/00884/AD and plan No 2244-17 received on 14th August 2017 unless otherwise agreed in writing with the Local Planning Authority.  Hard Landscaping shall be completed prior to first occupation of the development and soft landscaping/planting shall be completed within the planting season following first occupation of the development. (or within any other time limit agreed in writing with the local planning authority)  The landscaping shall be  ...  view the full minutes text for item 276.

Proposal:  Change of use from dwellinghouse (Class C3) to Non-residential education centre (Class D1).

Applicant:  The St. Christopher School Academy

Agent:  The Livemore Partnership – Mr Tony Watts

Resolved:  That Planning Permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin not 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 following approved plans:  16032-01(-), 16032-02(-), 16032-03(-), 16032-04(-), 

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

03  The use hereby permitted shall be carried on only by St Christopher School Academy Trust for the purpose of education.  When the premises cease to be occupied for educational purposes, the use hereby permitted shall cease and all materials and equipment brought on to the premises in connection with the use shall be removed.  The premises would then return to a residential (Class C3 use).

Reason: Permission has been granted taking into consideration the special circumstances of this case. The local planning authority needs to control future use of the premises if the education use of the premises ceases to ensure compliance with, DPD1 (Core Strategy) 2007 policy K2, CP4, CP8; Borough Local Plan 1994 policies U7 and H4 and SPD1 (Design and Townscape Guide). 

04  The Class D1 use allowed by this permission can only be carried out as an ancillary use to The St Christopher School Academy and for no other purpose unless agreed in writing by the Local Planning Authority. 

Reason: Planning permission for unrestricted use within Class D1 cannot be granted in this case because of the special circumstances of the application and it would therefore fail to comply with the National Planning Policy Framework (2012), Core Strategy 2007 policy CP8.

05  The premises shall not be used outside the following hours: -

8am to 4pm Monday - Friday and at no time on Saturdays, Sundays or Bank Holidays or within the Essex County Council school holiday dates.

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2012), Core Strategy 2007 policy KP2 and CP4.

Informative

You are advised that as the change of use to your property 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 out in a report  ...  view the full minutes text for item 277.

Proposal:  Demolish existing bungalow, erect detached bungalow with roof extension to front and sides, boundary wall to side to form covered courtyard, form layout parking to front and install new vehicular access on to Percy Road  (Amended Proposal)

Applicant:  Mrs H Collins

Agent:  Knight Gratrix Architects

Resolved:  That Planning Permission be REFUSED for the following reason:

01  The proposed development would, by reason of its scale, size bulk, mass, detailed design and use of materials appear incongruous and out of keeping within the streetscene to the detriment of the character, appearance of the site and area more widely. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework; Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015); and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Informative

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.

02  It should be noted there are a number of mistakes on the submitted plans and any resubmission should ensure the first floor plan shows northern windows, roof plan needs to clearly detail the width of the dormer roof at the northern end and the parking arrangement differs between ground floor and block plan including crossovers.

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.

Proposal:  Fell one Oak tree, crown lift, prune and removal of deadwood to various oak trees (works covered by a tree preservation order)

Applicant:  Mr Newton

Agent:  DF Clark Bionomique Limited

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

Resolved:  That consideration of this application be DEFERRED for a site visit.

Proposal:  Erect dormer to rear and first floor rear extension

Applicant:  Mr J Beuvink

Resolved:  That Planning Permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin not later than 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 following approved plans: PL01 and PL02.

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

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.

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, Core Strategy 2007 policy KP2 and CP4, Development Management Document policies DM1 and DM3, and Design and Townscape Guide.

04  The roof of the development 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), Core Strategy 2007 policy CP4, Development Management Document policy DM1, and Design and Townscape Guide.

05  The proposed first floor clerestory window in the north 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.

Reason:  To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework, Core Strategy 2007 policy CP4, Development Management Document policy DM1 and 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.

Informative

You are advised that as the development equates to less than 100sqm of new floorspace the development benefits  ...  view the full minutes text for item 280.

Proposal:  Erect single storey side extension, alter side roof to form pitched roof with dormer to front and alter elevations

Applicant:  Mr and Mrs Ian Brown (Council employee)

Agent:  Trudy’s Architectural Consultants

Resolved:  That Planning Permission be 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: Location Plan, 60/17/A, 60/17/B, 60/17/C

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 policies DM1 and DM3, 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

Informative

You are advised that as the proposed extension(s) to your property 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.

Proposal:  Raise ridge height and alterations to roof to form habitable accommodation, install dormers, Juliette balcony with terrace area and alter elevations

Applicant:  Mr S Habermel (Councillor)

Agent:  SKArchitects

Resolved:  That Planning Permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin no later than 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 following approved plans:  353P01, 353P02

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

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. 

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). 

Informative

01  You are advised that as the proposed development 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 out in a report on the application prepared by officers.