Apologies for absence were received from Councillor J Garston (Substitute: Councillor Butler).

The following interests were declared at the meeting:

(a)  Councillor Arscott – Agenda Item No. 8: 17/01049/FULH (54 Undercliff Gardens, Leigh-on-Sea) – Non-pecuniary interest: A resident of Undercliff Gardens is a friend;

(b)  Councillor Arscott – Agenda Item No. 10 (17/00664/FULM - Toomey Nissan, 831-837 London Road, Westcliff-on-Sea, SS0 9TE) – Non-pecuniary interest: An objector is known to him;

(c)  Councillor Arscott – Agenda Item No. 11 (17/01306/FULM - St Thomas More High School, Kenilworth Gardens, Westcliff-on-Sea, Essex, SS0 0BW) – Non-pecuniary interest: School Governor at School within proposed academy led by St Thomas More High School;

(d)  Councillor Ayling – Agenda Item No. 12 (17/01464/FULM - Grand Hotel, Broadway, Leigh-on-Sea, Essex, SS9 1PJ) – Non-pecuniary interest: Knows the applicant;

(e)  Councillor Boyd – Agenda Item No. 11 (17/01306/FULM - St Thomas More High School, Kenilworth Gardens, Westcliff-on-Sea, Essex, SS0 0BW) – Non-pecuniary interest: Lives close to the school and residents of Arundel Gardens are known to her;

(f)  Councillor D Garston – Agenda Item No. 10 (17/00664/FULM - Toomey Nissan, 831-837 London Road, Westcliff-on-Sea, SS0 9TE) – Non-pecuniary interest: An objector is known to him;

(g)  Councillor Mulroney – Agenda Item Nos. 7 (17/01379/FULH - 68 Pall Mall, Leigh-on-Sea), 8 (17/01049/FULH - 54 Undercliff Gardens, Leigh-on-Sea), 12 (17/01464/FULM - Grand Hotel, Broadway, Leigh-on-Sea, Essex, SS9 1PJ), 14 (17/00912/FUL - 109 - 111 Broadway, Leigh-on-Sea, Essex, SS9 1PE) and 15 (17/01460/FULH - 29 Hadleigh Road, Leigh-on-Sea, Essex, SS9 2DY) – Non-pecuniary interests: Member of Leigh Town Council and Leigh Society (non-participant in planning); and

(h)  Councillor Norman MBE – Agenda Item No. 11 (17/01306/FULM - St Thomas More High School, Kenilworth Gardens, Westcliff-on-Sea, Essex, SS0 0BW) – Non-pecuniary interest: Governor at Westcliff High School for Boys.

Resolved:-

That the Minutes of the meeting held on Wednesday 2^nd August 2017 be received, confirmed as a correct record and signed.

Resolved:-

That the Minutes of the meeting held on Wednesday 13^th September 2017 be received, confirmed as a correct record and signed.

Resolved:-

That the Minutes of the meeting held on Wednesday 4^th October 2017 be received, confirmed as a correct record and signed.

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 garage to rear and erect replacement garage

Applicant:  Mr Tracy Meade

Agent:  Mr Bruce Warren

Mr Lee, a local resident, spoke as an objector to the application.  Mr Meade, the applicant, responded.

Resolved:  That planning permission be REFUSED for the following reason:

1. The proposed garage would, by reason of its height and position coupled with its projection into a shared pedestrian access and the consequent relationship to the existing garage at 28 Canonsleigh Crescent, result in an unduly dominant and oppressive built form prejudicial to the character and appearance of the street scene and harmful to the amenity of users of the pedestrian access whose reasonable sense of a safe and accessible environment would be materially impaired. The proposal therefore conflicts with the objectives of the National Planning Policy Framework, Core Strategy (2007) Policies KP2 and CP4 and Development Management Document Policies DM1 and DM3.

Proposal:  Raise ridge height and form hip to gable roof extension, erect dormers to front and rear to form habitable accommodation in roof, erect first floor front extension including enlargement of roof, replacement front balcony, new walkway to rear, relocate main entrance door and alter elevations.

Applicant:  Mr Rupert Cousins

Agent:  THS Concepts LTD

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:  PA-001/F

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

03.  No development shall take place until details and/or samples of the facing materials to be used in the construction of external elevations of the building hereby permitted, including the proposed windows, have been submitted to and approved in writing by the local planning authority. The works must then be carried out in accordance with the approved details unless otherwise 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 out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Development Management DPD policy DM1 and DM6 and The Design and Townscape Guide (2009).

04.  The first floor windows in the west side 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) 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 and shall be retained as such in perpetuity.  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: In order to protect the character and appearance of the area and the amenities of the future occupiers from loss of privacy, in accordance with of the Council’s Policies KP2 and CP4 of the Core Strategy DPD1, Development Management DPD2 policies DM1 and DM3.

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  ...  view the full minutes text for item 470.

Breach of Control:  Without planning permission, construction of single storey side extension to north side and single storey rear extension

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) The removal of the side extension;

(b) the removal of the rear structure;

(c) the removal of all rubble, materials and equipment associated with complying with the notice.

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance.  In this case, a compliance period of 2 months is deemed reasonable for the removal of the unauthorised structures.

Proposal:  Demolition of vacant car showroom and workshops, erect four storey building with retail (Class A1) at ground floor level, 31 retirement apartments above with balconies, install terrace at third floor to front elevation, layout parking and install vehicular access on to London Road (Amended Proposal)

Applicant:  Mr J. Brook, Laindon Holdings Limited

Agent:  Mr C. Green, Town Planning Services

Mr McLernon, a local resident, spoke as an objector to the application.  Mr Green, the applicant, responded.

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:  6766_P12; 6766_P11A; 6766_P300; 6766_P301.0B; 6766_P301.1C; 6766_P301.2C; 6766_P301.3C; 6766_P301.4C; 6766_P301.5C; 6766_P301.6; 6766_P306.1C; 6766_P307.2D; 6766_P307.3C; 6766/P307.1C.

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

03.  Each of the units hereby permitted shall be only occupied by:

(i) persons aged 65 years or older; or

(ii) persons living as part of a single household in the development with such a person or persons aged 65 years or older; or

(iii) persons who were living as part of a single household in the development with such a person or persons who have since died.

Reason: To define the scope of this permission with respect to parking provision, amenity space, general living conditions and the provision of affordable housing and infrastructure required to support the development, in accordance with Core Strategy (2007) Policies KP2, KP3, CP4, CP6 and CP8 and Policies DM1 and DM3 of the Development Management Document (2015).

04  The  communal  spaces  and  guest facility as shown on the approved plans shall be provided before the proposal is occupied and shall not be altered or removed in  any  way and be retained in perpetuity  unless  otherwise  agreed  in  writing  by  the Local  Planning Authority. 

Reason: To ensure that amenity space and living conditions are safeguarded for future occupiers of the development in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Council’s Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

05.  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above the ground floor (parking) 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 projecting elevational box details including projection, reveals, balustrade, lighting, entrance canopy, screening, fenestration, have been submitted to and approved in writing by the local planning authority. Development shall be carried out in full 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) and policies DM1 and DM3 of the Development  ...  view the full minutes text for item 472.

Proposal:  Erect two storey building creating additional class rooms and fitness suite and associated accommodation, layout 10 additional car parking spaces and erect cycle store, layout Multi Use Games Area and associated works

Applicant:  St Thomas More High School

Agent:  Ingleton Wood LLP

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

Resolved:  That considered of the application be DEFERRED pending a pre-meeting site visit.

Proposal:  Convert existing hotel into mixed use comprising basement wine bar and health club, ground floor restaurants and terrace, 18 self-contained flats on three floors, demolish existing mansard roof and form new replacement mansard roof, erect three storey rear extension with mansard roof, install balconies to rear and sides at first floor and third floor level, external alterations, install extract/ventilation equipment and solar PV panels on roof, layout additional parking, associated landscaping and communal roof terrace and form vehicular access onto Broadway (Amended Proposal)

Applicant:  460 Leisure Ltd

Agent:  Smart Planning

MS P Godfrey, a local resident, spoke as an objector to the application.  Mr Dadds, the applicant’s solicitor, responded.

Resolved:  (a) That the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager of Planning & Building Control be DELEGATED to GRANT PLANNING PERMISSION, subject to completion of an AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and all of the appropriate legislation to secure the provision of:

•  A financial contribution towards secondary education provision of £9,607.57 (index-linked), specifically providing increased capacity at Belfairs Academy which is payable prior to commencement;

•  A financial contribution of £2500 to cover the cost of amending the Traffic Regulation Order to accommodate the new vehicular access ;

•  The provision of Travel Packs for the commercial uses.

(b) The Director of 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 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:  1391-14A,  1622-01; 1622-02G; 1622-03J; 1622-04K; 1622-05L; 1622-06H;  1622-07E; 1622-08D; 1622-09D; 1622-11B; 1622-12A; 1622-25, Soft Landscape Plan; Location Plan

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

03.  Prior to the commencement of development samples and / or product details of the materials to be used in the construction / alteration of the external elevations of the development hereby permitted, including bricks (sample required), tiles (sample required), roof materials, stonework (sample required) cladding (sample required) balconies and balustrades, windows and doors including doors and gates to storage areas, dormers,  hardstanding and terrace paving, steps and ramp, boundary railings and boundary wall 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 before it is brought into use.

Reason: To safeguard character and appearance of the locally listed building surrounding Leigh Cliff Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the  ...  view the full minutes text for item 474.

Proposal:  Erect building to be used as sports hall (Class D2) adjoining existing building

Applicant:  Southend-on-Sea Borough Council

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 plan: 453P01, 453P02

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

03.  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition and site clearance works, until samples of the materials to be used in the construction of the external elevations of the building hereby permitted 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.  Other than the demolition and site clearance, no development shall take place until a site investigation of the nature and extent of any land contamination present 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 construction 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 before any construction begins. The site shall be remediated in accordance with the approved remediation measures before the development hereby approved is occupied and evidence to demonstrate that the remediation has taken place shall be submitted in writing to the Local Planning Authority before the development is occupied. 

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 and these shall be fully implemented before the site is occupied.

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) 2007 policy KP2 and Policies DM1 and DM14 of the Development Management Document (2015).

05.  Prior to first  ...  view the full minutes text for item 475.

Proposal:  Change of use of first floor self-contained flat (Class C3) to restaurant (Class A3) to be used with existing ground floor restaurant, external seating area and alter elevations.

Applicant:  The Roslin Beach Hotel

Agent:  APS Design Associates  - Mr Paul Seager

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: 2565 01, 2565 02, 2565 03 Rev C

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

03. Prior to the commencement of the development hereby approved, details of any external materials to be used in the conversion of the building and the provision of the outside seating area must be submitted to and approved in writing by the Local Planning Authority.  The development shall only be implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority and maintained thereafter.

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 and to preserve the character of the Locally Listed Building and Leigh Conservation Area.  This is as set out in the National Planning Policy Framework (2012), Core Strategy (2007) Policy KP2 and CP4, Development Management Document (2015) Policy DM1 and DM5 and Design and Townscape Guide (2009). 

04.  The premises shall not be open for customers outside the following

hours: 

10am to 11pm Sundays to Thursdays (inclusive), including Public and Bank Holidays

10am to 1am Fridays and Saturdays.

Reason: To protect residential amenity and general environmental quality in accordance with, Core Strategy (2007) Policy KP2 and Development Management Document Policy DM1 and DM3 and Design and Townscape Guide (2009).

05.  The proposed outside seating area to the front of the premises fronting Broadway and contained within the site boundary, hereby approved shall be removed between 22:00 and 10:00 hours on all days. 

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document Policy DM1 and Design and Townscape Guide (2009).

06.  Prior to the first operation of the restaurant, an assessment shall be carried out by a suitably qualified and experienced acoustic consultant (who would normally be a member of the Institute of Acoustics) and submitted to the Local Planning Authority and approved in writing.  The assessment shall demonstrate how the rating level of noise for all activities taking place at the premises shall be managed and mitigated so that they are at least 10dB(A) below the background noise (with no tonal elements) level when measured at neighbouring noise sensitive properties.  If noise modelling  ...  view the full minutes text for item 476.

Proposal:  Erect single storey side extension and extend existing balcony, install door to side elevation, removal of 2 Yew Trees (subject to tree preservation order) and erect detached outbuilding with decking area with associated landscaping and boundary treatment

Applicant:  Mr & Mrs Jeremy and Amanda Holmes

Agent:  Mosley Thorold Architects

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: A1000C, A1001C, A1002C, A1010F, A1011C, A1020F, A1021C, A1022C, A1030C, A3000C, A3001D, A3002C, A3003E, A3010E, A3011E, PJC-0649-003

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

03.  The materials used for the external surfaces of the proposed side extension and balcony shall match those used on the existing dwelling unless differences are shown on the drawings hereby approved or are required by other conditions attached to this permission

Reason: To safeguard the visual amenities of the Leigh Conservation Area, in accordance with policies This is as set out in Core Strategy (2007) policies KP2 and CP4, Development Management DPD (2015) Policy DM1 and the Southend Design and Townscape Guide (2009).  

04.  The proposed door to the existing utility area on the southern side of the property shall be constructed from timber in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the visual amenities of the Leigh Conservation Area, in accordance with policies This is as set out in Core Strategy (2007) policies KP2 and CP4, Development Management DPD (2015) Policy DM1 and the Southend Design and Townscape Guide (2009). 

05.  The materials used for the external surfaces of the proposed outbuilding shall be painted timber featheredged weather board, timber fascia, painted timber or aluminium windows and doors and a wildflower green roof unless otherwise agreed in writing with the Local Planning Authority.

Reason: To safeguard the visual amenities of the Leigh Conservation Area, in accordance with policies This is as set out in Core Strategy (2007) policies KP2 and CP4, Development Management DPD (2015) Policy DM1 and the Southend Design and Townscape Guide (2009).  

06.  The boundaries treatments and means of enclosure installed at the application site in association with this permission shall be as set out on approved drawing No. PJC-0649-003 unless otherwise agreed in writing with the Local Planning Authority.

Reason: To safeguard the visual amenities of the Leigh Conservation Area, in accordance with policies This is as set out in Core Strategy (2007) policies KP2 and CP4, Development Management DPD (2015) Policy DM1 and the Southend Design and Townscape Guide (2009).  

07.  Three replacement trees shall be planted at the site by the end of the first planting season following completion of the  ...  view the full minutes text for item 477.