Meeting documents

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

Place:
Jubilee Room, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
17 Apologies and substitutions.
 Apologies for absence were received from Cllr Callaghan (sub: Cllr Davies), Cllr D Garston (sub: Cllr J Garston) and Cllr McGlone (sub: Cllr Waterworth).
18 Declarations of interest.
 The following interests were declared at the meeting:

(a) Councillor Assenheim - 14/00914/FULM - Non-pecuniary interest - family known to him;

(b) Councillor Davies - 14/01462/FULM - Non-pecuniary interest - lives in the ward and within the vicinity of the application;

(c) Councillor D Garston - 15/00155/FULM - Non-pecuniary interest - Knows the applicant; & 14/01402/FULM - Non-pecuniary interest - sons have rented property in the vicinity of the application;

(d) Councillor Hadley - 15/00312/FULH - Disclosable non-pecuniary interest - Knows the applicant (withdrew);

(e) Councillor McMahon - 14/01462/FULM - Non-pecuniary interest - lives within vicinity of the application (within several hundred metres);

(f) Councillor Van Looy - 15/00003/UNAU_B - Non-pecuniary interest - lives in Arlington Road;

(g) Councillors Assenheim, Borton, Robinson, McMahon, Byford, Crystall, Evans, Folkard, Hadley and Walker - 15/00418/AMDT - Non-pecuniary interest - Applicant's parent is a former Councillor known to them;

(h) Councillors Robinson, Borton and McMahon - 15/00397/FUL - Non-pecuniary interest - Councillor Willis lives in the vicinity of the application.
19 Minutes of the Meeting held on Wednesday, 4th March, 2015
 Resolved:

That the Minutes of the meeting held on 4th March 2015 be confirmed and signed as a correct record.
20 Minutes of the Meeting held on Wednesday, 15th April, 2015
 Resolved:

That the Minutes of the meeting held on 15th April 2015 be confirmed and signed as a correct record.
21 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.
22 Reports on Planning Applications
Business for item 22
The decision of the Committee in relation to each application is set out below:-

(a) Victoria Ward
14/02043/FULM
Demolish existing buildings, erect part 3/part4 storey block comprising 55 flats, 395sqm retail commercial floorspace at ground floor, communal amenity space, landscaping, parking and associated works.
411-415 Sutton Road Southend on Sea
Dove Jeffrey Homes and Moat Homes
Mr Adam McLatchie Dove Jeffrey Homes

Mrs Wilson spoke as an objector to this application and Mr Calder responded on behalf of the applicant.
Planning Permission REFUSED for the following reasons:

01 The proposed development, by reason of its bulk, height, and massing, along with its proximity to nearby residential properties, would result in overbearing and overlooking to the detriment of residential amenities, contrary to the NPPF, Policy CP4 of the Southend Core Strategy 2007, C11 and H5 of the saved Southend Borough Local Plan 1994, and guidance contained within the Design & Townscape Guide.

Reason for Decision

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and clearly setting these out in the reason(s) for refusal. Furthermore, Members of the planning committee which took the decision to refuse planning permission based their view on a detailed report prepared by officers and have considered whether there are opportunities to amend the development to address this harm. Where a potential way forward has been identified, this has been communicated to the Applicant. The Local Planning Authority is willing to provide advice in respect of any future application for a revised development.


(b) Milton Ward
15/00155/FULM

Demolish existing building, erect 5 storey building comprising 24 self-contained flats with ground floor restaurant and basement parking, layout amenity area, refuse and cycle storage and landscaping, form new vehicular access onto Western Esplanade.
The Esplanade Public House, Western Esplanade, Southend-on-Sea
Mr CG Pettersson, Redab Commercial Ltd

DEFERRED


(c) Thorpe Ward
15/00209/FULH
Erect single storey front extension, part two/part single storey side extension and single storey rear extension (amended proposal)
77 Parkanaur Avenue, Thorpe Bay, SS1 3JA
Mr & Mrs H. Gras
Mr D. Blacker, DSB Property Designs Ltd

Mr Chapman spoke as an objector to this application and Mr Gras responded on behalf of the applicant.
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: 2014/11/02/77PA & 2014/11/03/77PA.

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

03. The colour, type and texture of any materials used on the external elevations of the dormer windows shall match those of the existing building, unless otherwise first agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: To safeguard the visual amenities of the area, in accordance with Policy C11 of the Southend on Sea Borough Local Plan.

04 The flat 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 neighbouring occupiers in accordance with Policy CP4 of the Core Strategy, Policy H5 of the Borough Local Plan and the Design & Townscape Guide 2009 (SPD1).

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.


(d) West Shoebury Ward
15/00312/FULH
Erect single storey rear extension (Retrospective)
210 Delaware Road, Shoeburyness, Southend-On-Sea, Essex, SS3 9NS
Papworth Trust
Papworth Trust

Given the particular circumstances of this case and taking into account all other material consideration, on balance Members consider is appropriate to grant planning permission.

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 neighbouring occupiers in accordance with Policy CP4 of the Core Strategy, Policy H5 of the Borough Local Plan and the Design & Townscape Guide 2009 (SPD1).

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including the specific circumstances of the applicant, 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. In this case it was not considered that the impact on neighbouring properties was so significant to warrant refusing planning permission.


(e) Milton Ward
15/00418/AMDT
Replace plan numbers P01, P02, P03D, P04 Rev D to include addition of temporary structure on roof of sun shelter to house extraction equipment for one year (variation of condition 02 of planning permission 14/00540/BC4 dated 11th June 2014)
Shelter Western Esplanade Westcliff-on-Sea Essex
Ms Antonia Waite
SKArchitects

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: Application Form dated 13/05/2015 and plan numbers P01K, P02K, P03K and P04K.

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

03 The premises shall not be open for use other than between the hours of 0800 - 2300 Monday - Saturday and between 0800 - 2200 on Sundays or Bank Holidays.

Reason: To safeguard the amenities of nearby residential and business properties, in accordance with Policies H5 and U2 of the Southend on Sea Borough Local Plan)

04 The extract equipment and housing herby approved on plan numbers P03K and P04K shall be removed within 12 months of the date of this decision and the roof made good.

Reason: The proposal is not considered acceptable as a permanent addition to the building 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 locally listed building and this part of the Leas Conservation Area. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C4 and C11, and SPD1 (Design and Townscape Guide)

05 Prior to commencement of the proposed use, cycle stands shall be installed in accordance with details which have been submitted to and approved in writing by the local authority. The development shall only be carried out in accordance with the approved details and retained thereafter.

Reason: To ensure that satisfactory secure off-street bicycle parking is provided in the interests of sustainability, amenity and highways efficiency and safety, in accordance DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy T8 and T11, and SPD1 (Design and Townscape Guide)

06 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015, or any order revoking or re-enacting that Order with or without modification, no development shall be carried out within Schedule 2, Part 3 Classes A-G of that Order.

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 this part of the Leas Conservation Area. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C4 and C11, and SPD1 (Design and Townscape Guide)

07 The roof of the existing shelter building/extension shall not be used as a balcony, roof garden, outdoor seating area or similar area or for any other purpose unless otherwise agreed in writing by the local planning authority.

Reason: To safeguard the amenities of nearby residential and business properties, in accordance with Policies H5 and U2 of the Southend on Sea Borough Local Plan)

08 Prior to commencement of the proposed use, separate stores for waste and materials for recycling must be provided as shown on drawing Proposed Plans P03K. These stores must be clearly marked and made available at all times. Waste must be stored inside the designated store area only. The stores must not be used for any other purpose.

Reason: To protect the environment and provide suitable storage for waste and materials for recycling in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4.)

09 Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 5 dB below the minimum external background noise, at a point 1 metre outside any window of any residential property.

Reason: To protect the environment of people in neighbouring properties and general environmental quality from the intrusion of noise and vibration by ensuring that the plant/machinery hereby permitted is not operated at hours when external background noise levels are quietest. This is in accordance with the NPPF, DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policies E5 and U2.

10 No railing, fence, wall or other means of enclosure shall be erected on the roof of the building unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity, to ensure that the appearance of the building makes a positive contribution to the character of The Leas Conservation Area and to retain unobstructed access onto the roof of the building. This is set out in DPD1 (Core Strategy) 2007 Policy KP2 and CP4, Borough Local Plan 1994 Policy C4 and C11 and SPD1 (Design & Townscape Guide).

INFORMATIVES

01 You are advised that this permission does not grant consent for any advertisements which require separate advertisement consent

02 You may need separate licensing approval for the premises. Your approved licensing hours may differ from those given above but you must not have any customers on the premises outside the hours set out in this planning permission.

03 Please contact the Council's Waste Service on 01702 215006 about your arrangements for storing and collecting waste and recyclable materials.

04 Under the Highways Act 1980 you must get a licence from us before you put skips or scaffolding etc. on the road or pavement. It is an offence to break the conditions of that licence. You may also have to send us a programme of work so that the Council can tell your neighbours the likely timing of building activities. For more advice, please phone our Highway and Traffic Management Service on 01702 215003.

05 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 construction noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council's Environmental Health Officer for more advice on 01702 215810 or at Regulatory Services, P.O. Box 5558, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend-on-Sea, SS2 6ZQ.

06 The applicant is reminded that this permission is separate to the need to comply with Food Safety and Health & Safety at Work laws. These will include the Food Safety Act 1990 (as amended), the Food Hygiene (England) Regulations 2006, Regulation (EC) 852/2004 and the Health and Safety at Work Etc. Act 1974. Applicants should contact the Council's Environmental Health Officer for more advice on 01702 215812 or at Business Regulation, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend-on-Sea, SS2 6ZG.

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.


(f) Belfairs Ward
15/00311/FUL
Demolish existing garage and erect 2 storey dwellinghouse (Amended Proposal)
112 The Fairway, Leigh-On-Sea, Essex, SS9 4QS
Mr. Albert
Direct Planning

Mr Mortimer spoke as an objector to this application.
PLANNING PERMISSION REFUSED for the following reason:

01 The proposed development by reason of its siting forward of the building line in Thorndon Park Drive would result in an incongruous and dominant feature within the streetscene contrary to the National Planning Policy Framework (NPPF), policies KP2 and CP4 of the Core Strategy, policy DM1 of the emerging Development Management DPD, policies C11 and H5 of the Borough Local Plan and the Design and Townscape Guide


(g) 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 Gloyne spoke as an objector to this application and Mr Wickham responded on behalf of the applicant.

(a) DELEGATED to the Head of Planning and Transport or Group Manager of Development Control & 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:
• 84 units of affordable housing (30% overall provision) comprising 58 units (69%) for affordable rent and 26 units (31%) for intermediate rent. Within this affordable provision, 37% of the units would be one bedroom, 33% would be two bedroom, and 30% would be three bedroom.
• Education contribution - £160,333.82
• Public art contribution/provision - as set out in the submitted design and access statement and in addition to include a maintenance agreement or as otherwise agreed to a value of up to 1% of development costs.
• A contribution of £10k for off-site tree planting.
• Highways works to include but not limited to the following:
• Provision of Travel Packs for residents.
Residential Travel Plan.
• Commercial Travel Plan.
• a new two way junction on Southchurch Avenue approx. 125m north of the existing signals junction.
• Relocate the existing northbound bus stop to the south and the existing taxi rank relocated to Eastern Esplanade.
• The existing CCTV camera will be relocated.
• Revocation of the existing no entry restriction at the southern end of Pleasant Road together with the short section of one way to allowing all vehicles to turn left or right from Marine Parade into Pleasant Road.
• Contribution for pedestrian signage to and from the development (£40k).
• Contribution for changes to signal timings at Southchurch Avenue/Eastern Esplanade (£2k).
• Contribution for 4 x AVL display signs and associated works (£36k).
• Contribution for 2 x bus shelters (£10k.)
• Contribution for 1 x new layout for taxi rank (£1k).
• Traffic Regulations Order to cover all advertisement amendments and new orders (£10k)
• Relocation of SPECS traffic speed system (£30k)
• Detail of the raised kerbs, height, location, length and signing and lining required for each site to be agreed and agreed details to be carried out by the applicant's contractor at their expense.
• A £25k contribution for signage to direct drivers away from the seafront at times when car parking there is reaching full capacity.

(b) The Head 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 No development shall take place until samples of the materials to be used on all the external elevations, including balconies, fenestration, and on any screen/boundary walls and fences, and on any external access way, driveway, forecourt or parking area, steps and podium 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, the adjacent listed and locally listed buildings and the Kursaal Conservation of the area in accordance with Policies C2, C4 and C11 of the BLP and KP2 and CP4 of the BLP

03 The development shall not be occupied until 328 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, staff 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.

04 Prior to first occupation of the development a waste management plan and service plan for the development shall be submitted to and agreed by the Local Planning Authority, waste management and servicing of the development shall thereafter be carried out in accordance with the approved details.

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.

05 Prior to first occupation of the development a car park management plan for the development shall be submitted to and agreed by the Local Planning Authority, waste management and servicing of the development shall thereafter be carried out in accordance with the approved details.

Reason: to ensure that the car parking is satisfactorily managed in the interests of traffic management and highway safety in accordance with Policies T8, T11 and T12 of the BLP and KP2 and CP3 of the Core Strategy DPD1.

06 Prior to first occupation of the development 356 cycle parking spaces shall be provided within secure covered parking stores, the details of which shall have previously been submitted to and agreed by the LPA. The agreed cycle parking spaces shall be permanently retained for the cycle parking of occupiers, staff and visitors to the property.

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.

07 Prior to commencement of development "Construction Traffic Management Plan, including but not limited to: details of routing, signage, scheduling of deliveries, construction hours, on site recycling measures, use of local labour, shall be submitted to and agreed by the Local Planning Authority, construction shall be carried out in accordance with the approved details.

Reason: to ensure that the construction is satisfactorily managed in the interests of traffic management and highway safety and to protect the amenities of surrounding occupiers in accordance with Policies H5, T8, T11, T12 and U2 of the BLP and KP2 and CP3 of the Core Strategy DPD1.

08 Prior to commencement of development details of acoustic insulation to the residential units against road traffic noise, including both building elements and ventilation arrangements including purge ventilation to comply with the building regulations shall be submitted to and approved by the LPA. The development shall be carried out in accordance with the approved details.

Reason: In order to protect the amenities of future occupiers from undue noise and disturbance, in accordance with Policies H5 and of the BLP and CP4 of the Core Strategy DPD1.

09 The residential development shall not be occupied until extract ventilation, filtration and deodorising equipment and laundry extract ducts have been installed in accordance with a scheme including details of the predicted acoustic performance of the system, ducting runs and of discharge points, which shall have previously been submitted to and approved by the local planning authority. The equipment as installed shall be retained in good working order at all times thereafter.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and visual amenities of the area in accordance with policies S5, C2, C4 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

10 The commercial development shall not be occupied until extract ventilation, filtration and deodorising equipment and laundry extract ducts have been installed in accordance with a scheme including details of the predicted acoustic performance of the system, ducting runs and of discharge points, which shall have previously been submitted to and approved by the local planning authority. The equipment as installed shall be retained in good working order at all times thereafter.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and visual amenities of the area in accordance with policies S5, C2, C4 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

11 With reference to BS4142, the noise rating level arising from all plant and extraction/ventilation equipment 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 noise sensitive property with no tonal or impulsive character.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and visual amenities of the area in accordance with policies S5, C2, C4 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

12 All deliveries and collections shall take place between: 07:00-19:00hrs Monday to Friday; and 08:00-13:00hrs Saturday; with no deliveries on Sundays or Bank Holidays.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers in accordance with policies S5, H5of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

13 Decontamination

1. Site Characterisation
No development shall take place until an assessment of the nature and extent of contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops,
livestock, pets, woodland and service lines and pipes,
• adjoining land,
• ground waters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;

2. Submission of Remediation Scheme

No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority.

The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

3. Implementation of Approved Remediation Scheme
The remediation scheme shall be implemented in accordance with the approved timetable of works. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority.

4. Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 7; days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.

An assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of condition 2.

The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority in accordance with condition 3.

5. Long Term Monitoring and Maintenance
No development shall take place until a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 5 years, and the provision of reports on the same must both be submitted to and approved in writing by the Local Planning Authority.

Following completion of the measures identified in that scheme and when The remediation scheme is complete, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be submitted to the Local Planning Authority.

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.

14 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 these works shall be carried out as approved 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;
iii. car parking layouts;
iv. other vehicle and pedestrian access and circulation areas;
v. hard surfacing materials;
vi. minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.)
This shall include details of 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 and details of measures to enhance biodiversity within the site.

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

15 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

16 Prior to first occupation of the development renewable energy measures set out in the Energy Statement by Xc02 energy dated February 2015 and plan ref 3202 PL117B shall be implemented and shall be permanently retained thereafter.

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

17 Prior to commencement of development a design code for the shopfronts of the commercial units shall be submitted to and approved by the LPA, the code shall include details of but shall not be limited to, glazing, doors, signage locations and form, shuttering, lighting and materials. The development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies S5, C2, C4 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

18 Prior to installation of any shopfront, details of the design and materials, glazing, doors, signage locations and form and lighting, shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies S5, C2, C4 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

19 No obscure glazing installed shall be installed and no graphics or obscured film shall be applied to the A1/A3/A4/D2 units unless otherwise agreed in writing with the Local Planning Authority

Reason: In order to retain the open character of the elevation in the interests of the character and visual amenity of the area in accordance with policies C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

20 Prior to installation details of any shutters to the commercial units shall be submitted to and approved by the Local Planning Authority. The shutters shall be installed and retained in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies S5, C2, C4 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

21 Prior to commencement of development details of the balconies to the internal elevations of the development shall be submitted to and approved by the Local Planning Authority, the development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies C2, C4, and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

22 Prior to commencement of development details of balcony privacy screens shall be submitted to and approved by the Local Planning Authority, the development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies C2, C4, and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

23 Prior to commencement of development details of the balustrade to the podium shall be submitted to and approved by the Local Planning Authority, the development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies C2, C4, and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

24 Prior to commencement of development details of the design and materials of the car park gates and screen shall be submitted to and approved by the Local Planning Authority, the development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies C2, C4, and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

25 Prior to first occupation of the development details of the control mechanism for the podium vehicular access shall be submitted to and approved by the Local Planning Authority the development shall be carried out in accordance with the approved details.

Reason: In order to protect the character and visual amenities of the area in accordance with policies C2, C4, and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

26 Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2007, or any order revoking and re-enacting that Order with or without modification, no advertisement shall be displayed on the building without the prior written consents of the Local Planning Authority.

Reason: In the interest of the visual amenities of the area in accordance with policies C8 and Policies KP2 and CP4 of the Core Strategy DPD1.

27 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 or any order revoking and re-enacting that Order with or without modification, no structures such as canopies, fences, loggias, trellises or satellite or radio antennae are allowed to be installed within the development or on the buildings unless otherwise agreed in writing by the local planning authority.

Reason: In order to protect the character and visual amenities of the development and the adjacent listed and locally listed buildings and the Kursaal Conservation Area in accordance with policies C2, C4, and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

28 Prior to installation of any external lighting to the building; details of the external lighting of the building, including direction, siting, and hours of illumination and an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light, shall be submitted to and approved by the LPA and the development shall be carried out in strict accordance with the approved lighting scheme. No additional external lighting shall be installed on the building without the prior approval of the LPA.

Reason: In the interest of the visual amenities and character of the area, adjacent listed and locally listed buildings and the Kursaal Conservation Area and to protect the amenities of surrounding occupiers and to protect to adjacent SSSI in accordance with policies H5, C2, C4 and C11 and Policies KP2 and CP4 of the Core Strategy DPD1.

29 The delivery and refuse collection hours to the premises shall be restricted to between 7am and 7pm and Monday to Friday; 8am - 1pm Saturday 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

30 The permitted hours for noise beyond the site boundary due to 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. Noise from construction site activity shall not occur beyond the site boundary at any other time.

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

31 During any Construction and Demolition there shall be no burning of waste material on the site.

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

32 The mitigation measures with regard demolition, earthworks, construction and trackout of the Construction phase of the development, set out at section 8.6 of the Environmental Statement dated submitted September 2014 shall be implemented during development.

Reason: To minimise the environmental impact of the development and that demolition, construction, earthworks and trackout is satisfactorily managed in the interests of traffic management and highway safety and to protect the amenities of surrounding occupiers in accordance with Policies H5, T8, T11, T12 and U2 of the BLP and KP2 and CP3 of the Core Strategy DPD1

33 The mitigation measures with regard to piling, lighting, storage and movement of materials, drainage, and tree and scrub clearance set out at section 6.1142 to 6.1220 of the Environmental Statement dated submitted September 2014 shall be implemented during development.

Reason: To minimise the environmental impact of the development and to minimise the risk of harm to a protected species in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy U2

34 The mitigation measures in relation to Construction Noise and Construction Vibration set out at section 9.5 of the Environmental Statement dated submitted September 2014 shall be implemented during development.

Reason: To minimise the environmental impact of the development and that Construction is satisfactorily managed to protect the amenities of surrounding occupiers in accordance with Policies H5, and U2 of the BLP and KP2 and CP3 of the Core Strategy DPD1

35 The Commercial floorspace hereby approved can only be used as A1 shops A3 Restaurants and cafes, or D2 Assembly and Leisure and for no other purpose including any within Classes A, B1, C3 or D1 of the Town and Country Planning (Use Classes) Order 1987 as amended April 2005 (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force).

Reason: Planning permission for unrestricted use within Classes A, B1, C3 or D1 cannot be granted in this case because the development it would fail to comply with DPD1 (Core Strategy) 2007 policy KP1, CP1 and CP2, Borough Local Plan 1994 policies L1, L2, S1 and S5.

36 A maximum of 687sqm of commercial floorspace hereby approved shall be used for A1 retail use unless otherwise agreed in writing with the Local Planning Authority.

Reason: Planning permission for unrestricted retail cannot be granted in this case because the development it would fail to comply with DPD1 (Core Strategy) 2007 policy KP1, CP1 and CP2, Borough Local Plan 1994 policies L1, L2, S1 and S5.

37 No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved 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

38 Development shall not commence until a surface water drainage scheme in line with that detailed in the revised Flood Risk Assessment undertaken by SLR Consulting Limited, referenced 407.04361.00002 and dated January 2015, and Indicative Drainage Layout drawing no 003, dated January 2013, is submitted to and approved in writing by the local planning authority. The scheme shall be implemented before the development is completed in accordance with the approved details. The scheme shall:
• Fully investigate the feasibility of infiltration SuDS as a preference and provide evidence to establish if the principles of any infiltration based surface water drainage strategy are achievable across the site, based on the ground conditions. Infiltration or soakaway tests should be provided which fully adhere to BRE365 guidance to demonstrate this. Infiltration features should be included where infiltration rates allow.
• Provide drainage plans and drawings showing the proposed locations and dimensions of all aspects of the proposed surface water management scheme. The submitted plans should demonstrate that the proposed drainage layout will perform as intended based on the topography of the site and the location of the proposed surface water management features. In addition, full design details, including cross sections of any proposed infiltration or attenuation features will be required.
• Provide attenuation storage to cater for the 1 in 100 year critical duration rainfall event including allowance for climate change over the lifetime of the development without causing nuisance or damage. Calculations should be provided to demonstrate the functionality of each drainage feature.
• Provide calculations of the piped network performance in the 1 in 30 year rainfall event to show no above ground flooding, and in the 1 in 100 year rainfall event including climate change to provide details of the volumes of flooding from each pipe, if any.
• Provide sufficient information to demonstrate that people and property will be kept safe from flooding, with consideration given to exceedance flows and overland flow routing from on and off site sources, in accordance with CIRIA C635.
• Provide details of the future adoption and maintenance of the proposed surface water scheme for the lifetime of the proposed development. Detail who will maintain each element of the surface water system for the lifetime of the development by submission of a maintenance schedule.
• Fully investigate the impacts of tide locking on the site and model a surcharge outfall scenario if required.
• Discharge to Anglian Water sewer shall be at the maximum agreed rate of 22l/s.
• Provide confirmation that Anglian Water accepts the surface water discharge proposed to both manhole 0251 and 9151 detailed in the Indicative Drainage Layout Drawing referenced 003, dated January 2015.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with Policy KP2 and CP4 of the Core Strategy 2007.

39 The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) prepared by SLR Consulting Limited referenced 407.04361.00002, dated January 2015 and the following mitigation measures detailed within the FRA:
• Finished ground floor levels of the residential development are set no lower than 6.05 meters above Ordnance Datum (AOD).
• Finished first floor levels of the residential unit/Podium level are set no lower than 8.4 meters above Ordnance Datum (AOD).
• The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be 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

40 Prior to commencement of development details of the structural design, appearance and method of operation to the car park flood gate shall be submitted to and approved by the Local Planning Authority, the development shall be implemented in accordance with the approved details and permanently maintained thereafter.

Reason: In the interests of visual amenity and to prevent environmental and amenity problems arising from flooding in accordance with Policy KP2 and CP4 of the Core Strategy 2007.

41 Prior to commencement of development a Flood Response Plan should be submitted and approved by the Local Planning Authority. The approved plan shall be implemented in the event of flooding.

Reason: To protect the amenities and safety of future occupiers in accordance with Policy KP2 and CP4 of the Core Strategy 2007.

42(a) No development shall take place until a written scheme of investigation for a programme of archaeological work has been submitted to and approved in writing by the local planning authority. This must include details of the suitably qualified person or organisation that will carry out the archaeological work.

42(b) The archaeological work and development must then be carried out in accordance with the approved scheme. A written report of the investigation and findings must be produced, showing that the archaeological work and development has been carried out in accordance with the approved scheme. Copies of the written report of the investigation and findings must be sent to Southend Borough Council, Essex County Council and English Heritage.

42(c) No part of the new building can be used until the local planning authority has provided written confirmation that the archaeological fieldwork and development has been carried out in accordance with the approved scheme.

Reason: To avoid damage to archaeological remains on site as set out in DPD1 (Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 policy C1, and SPD1 (Design and Townscape Guide).

43. Unless otherwise agreed in writing the development hereby permitted shall be carried out in accordance with the following approved plans: PL101C, PL102C, PL103A, PL104A, PL105A, PL106A, PL107A, PL108A, PL109A, PL110A, PL111A, PL112A, PL113A, PL114A, PL115A, PL116A, PL117B, PL201A, PL202A, PL203A, PL204A, PL205A, PL206A, PL207A, PL208A, PL209A, PL210A, PL25A, PL26A.

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

44. No development shall take place until a phasing plan has been submitted to and approved in writing by the local planning authority. Following approval of the plan, each phase shall be completed in accordance with the plan before the next phase commences unless otherwise agreed in writing with the local planning authority.

Reason: In the interests of ensuring the development is carried out in an acceptable manner; and to ensure a coordinated development that complies with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policies CP4 and CP3; Borough Local Plan 1994 policies H5, T8 and T11, and SPD1 (Design and Townscape Guide).

Informatives

1 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.

2 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

3 The developer should ensure the enclosed car parking areas are adequately naturally or mechanically ventilated to disperse exhaust fumes.

4 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 Food Safety Act 1990. Applicants should contact the Council's Environmental Health Officer for more advice on 01702 215005.

5 For further guidance on the control of odour and noise from ventilation systems you are advised to have regard to - Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems published by DEFRA. This can be downloaded free from www.DEFRA.Gov.UK

6 Please note that if you require a crane or pilling rig to construct the proposed development, this will need to be safeguarded separately and dependent on the location may be reinstatement in height and may also require full co coordination with the Airport Authority

7 The applicant is reminded that this permission does not bestow compliance with the Licensing Act 2003. Applicants should contact the Council's Licensing Team for more advice on 01702 215005.

8 Water Supplies - the applicant or architect is reminded that additional water supplies for fire fighting may be necessary for this development. The architect or applicant is urged to contact the Water Technical Officer at Service Headquarters tel 01376 576342.

9 There is clear evidence that the installation of Automatic Water Suppression Systems (AWSS) can be effective in the rapid suppression of fires. Essex County Fire and Rescue Service (ECFRS) therefore uses every occasion to urge building owners and developers to consider the installation of AWSS. ECFRS are ideally placed to promote a better understanding of how fire protection measures can reduce the risk of life, business continuity and limit the impact of fire on the environment and local economy. Even where not required under Building Regulation's guidance, ECFRS would strongly recommend a risk base approach to the inclusion of AWSS, which can substantially reduce the risk to life and of property loss. We would also encourage developers to use them to allow design freedom, where it can be demonstrated that there is an equivalent level of safety and that the functional requirements of the regulations are met.

10 If a crane or piling rig is needed to construct the proposed development, this will need to be safeguarded separately and dependant on location may need to be restricted in height and may require coordination with the Airport Authority. Any crane applications should be directed to sam.petrie@stobartair.com

11 Details of the shopfronts and advertisements to the commercial buildings should follow the approved Design Code for these elements.

12 Hard landscaping materials to the Marine Parade, Southchurch Avenue and Pleasant road frontages of the development shall match those of the existing City Beach scheme.

13 An application to discharge trade effluent must be made to Anglian Water and must have been obtained before any discharge of trade effluent can be made to the public sewer.

14 Anglian Water recommends that petrol / oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of such facilities could result in pollution of the local watercourse and may constitute an offence.

15 Anglian Water also recommends the installation of a properly maintained fat traps on all catering establishments. Failure to do so may result in this and other properties suffering blocked drains, sewage flooding and consequential environmental and amenity impact and may also constitute an offence under section 111 of the Water Industry Act 1991.

16 The Flood Response Plan (FRP) shall include details of what should be done in the event of surface water flooding.

c) In the event that the planning obligation referred to in part (a) above has not been completed by June 11th 2015 the Head of planning and Transport or Group Manager (Planning & Building Control) be authorised to refuse planning permission for the application on the grounds that the development will not :- i) provide for improvements to the public highway and the public realm within the vicinity of the site; ii) provide an effective means of enforcing/delivering a Travel Plan; iii) provide for a satisfactory provision of public art and iv) provide for a satisfactory method of servicing the development vi) provide for affordable housing or education accommodation to serve the needs of local residents. As such, the proposal would not make a satisfactory contribution towards the quality of the built environment within the vicinity of the site, would traffic congestion and be to the detriment of highway 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 and CP6 of the Core Strategy, Policies C2, C4, C11, C14, H5, U1, T8 and T13 of the Borough Local Plan, and the Design and Townscape Guide (2009).

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.


(h) Victoria Ward
15/00468/FULM
Erect two part three/part four storey blocks comprising 50 2 bedroom flats, layout 50 car parking spaces, cycle store, bin store and form hard and soft landscaping.
Texsol Builders Merchants Ltd Kenwaym, Southend-On-Sea
(David Godden) Hollybrook Homes
(David Godden) Hollybrook Homes

a) DELEGATED to the Head of Planning and Transport or Group Manager of Planning & 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:

• 100% Affordable Housing
• Public realm contribution To be used by the Council to upgrade the public footpath adjacent to the Site (which would cost approximately £12,600)
• To improve footpaths (including Footpath 152) within the vicinity of the Site including the removal and replacement of bollards and lighting improvements) works (£11,408)

b)The Head 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 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: 14246_PA 10A; 14246_PA 11A; 14246_PA 12A; 14246_PA 13A 14246_PA 14A; 14246_PA 15A; 14246_PA 16A; 14246_PA 17A; 14246_PA 18A; 14246_PA 20A; 14246_PA 22A except where superseded by email dated 15.05.15 from D. Godden in which case the development should be carried out in accordance with the details set out in that email.

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

03. The development shall be carried out in accordance with the schedule of materials Rev A submitted on 14.05.15, except where detail is superseded by the email dated 15.05.15 and 01.06.15 from D. Godden in which case the development should be carried out in accordance with the details set out in that email.

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 Core Strategy 2007 policy KP2 and CP4, Borough Local Plan 1994 policy H5 and C11, DMDPD policy DM1 and SPD1 (Design and Townscape Guide).

04. No dwelling shall be occupied until 50 parking spaces to serve the development together with vehicular accesses from the adjacent highway have been provided in accordance with the approved plans the parking spaces and vehicular access shall be permanently reserved for the parking of residents and visitors to the residential units

Reason: To ensure that satisfactory off-street car parking and turning provision is provided for people using the development in the interests of amenity and highways efficiency and safety, in accordance with DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy T8 and T11, DMDPD policy DM15 and SPD1 (Design and Townscape Guide).

05. No part of the development shall be occupied until space has been laid out within the site for 50 Bicycles in cycle stores in accordance with plans ref 1426_PA18A , 1426_PA18A, except where detail is superseded by the email dated 15.05.15 from D. Godden in which case the development should be carried out in accordance with the details set out in that email, the cycle stores shall be permanently reserved for the parking of cycles of occupiers and callers to the premises and not used for any other purposes, whether or not permitted by the Town and Country Planning (General Permitted Development Order) 2015 (or any other Order amending, revoking or re-enacting that Order).

Reason: To ensure that satisfactory secure off-street bicycle parking is provided in the interests of sustainability, amenity and highways efficiency and safety, in accordance DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy C11, T8 and T11, DMDPD policy DM15 and SPD1 (Design and Townscape Guide).

06. With the exception of the acoustic fence, the hard landscaping and boundary treatment, including the play equipment and seating shown on plans ref 14246_PA15 A shall be implemented prior to first occupation of the development except where superseded by email dated 15.05.15 from D. Godden in which case it shall be implemented in accordance with those details. The soft landscaping shown on plans ref 14246_PA15 A shall be implemented within or before the first season prior to first occupation of the development.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 policy C11 and C14, DMDPD DM2 and SPD1 (Design and Townscape Guide).

07. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority before occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with East of England Plan 2008 policy ENV1 and ENV7, DPD1 (Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 policy C11 and C14, and SPD1 (Design and Townscape Guide).

08. Notwithstanding the provisions of the Town and Country Planning Act (General Permitted Development) Order 2015, or any order revoking and re-enacting that Order with or without modification, no development shall be carried out within Part 16 to those Orders unless previously agreed in writing by the LPA.

Reason: In the interests of visual amenity in accordance with policies C11 and H5 of the Borough Local Plan and policy CP4 of the Core Strategy DPD1.

09. With the exception of demolition, grubbing up of foundations and site clearance no development shall take place until details of a sustainable drainage system to serve the development shall be submitted to and approved by the Local Planning Authority and no building hereby permitted shall be occupied until the sustainable drainage system for the site has been completed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure a satisfactory standard of sustainable drainage in accordance with DPD1 (Core Strategy) 2007 policy KP2 and DMDPD policy DM2.

10. The sustainability measures set out in the revised Energy Statement by BBS received on 14.05.15 and shown on plan 1426_PA13A shall be implemented during development and brought into use on first occupation of the development unless otherwise agreed in writing with the Local Planning Authority.

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with, DPD1 (Core Strategy) policy KP2 and CP4, DMDPD policy DM2 and SPD1 (Design and Townscape Guide).

11. No meter boxes shall be installed on the front elevation of the premises

Reason: In the interests of the visual amenity in accordance with Policy CP4 of the Core Strategy DPD1.

12. Final glazing, acoustic insulation and ventilation details for the scheme shall be submitted to and approved by, the Local Planning Authority prior to installation. Glazing and ventilation should be selected with relevant acoustic properties as outlined in the Noise Assessment dated 9th March 2015. Appropriate mitigation must be given to ensure that cumulative noise levels in accordance with BS4142:2014 meet relevant internal noise criteria in accordance with BS8233:2014, along with tonal and impulsive penalties where necessary. The development shall be carried out in accordance with the approved details.

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

13. Details of the final specifications and acoustic properties of the fencing to be provided to the amenity area shall be submitted to and approved by, the Local Planning Authority prior to installation. The fence shall be installed in accordance with the approved details prior to first occupation of the development.

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

14. Prior to installation details of any mechanical extraction, ventilation or air conditioning plant, together with any mitigation measures, shall be submitted to and approved by the Local Planning Authority With reference to BS4142, the noise rating level arising from all plant and extraction/ventilation equipment 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 noise sensitive property with no tonal or impulsive character.

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

15. Deliveries and collections shall take place only between the hours of : 08:00-19:00hrs Monday to Friday; and 08:00-13:00hrs Saturday; with no deliveries on Sundays or Bank Holidays.

Reason: To protect the amenities of the surrounding occupiers from undue noise and disturbance in order to protect their amenities in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

16. Construction of the development shall be undertaken in accordance with the details set out in the construction management plan dated 17th March 2015.

Reason: To protect the amenities of surrounding occupiers from undue noise and disturbance in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

17. Construction shall not take place outside the following hours 8am - 6pm Monday to Friday, 8am - 1pm Saturday and not at all on Sundays or Bank Holidays.

Reason: To protect the amenities of surrounding occupiers from undue noise and disturbance in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

18. During Construction and Demolition there shall be no burning of waste material on the site.

Reason: To protect the amenities of surrounding occupiers in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

19. The mitigation measures set out in the External Lighting Impact Assessment dated 20th February 2015 (i.e. that internal blinds should be fitted within windows and door reveals of the living rooms and bedrooms) shall be implemented prior to first occupation of the development.

Reason: To protect the amenities of future occupiers from light pollution in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

20. Any external lighting within the development shall be directed, sited and screened so as not to cause detrimental intrusion of light into the proposed and existing residential properties.

Reason: To protect the amenities of surrounding occupiers in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policy H5 of the Borough Local Plan, Policy DM1 and DM7 of the DMDPD and SPD1 (Design and Townscape Guide).

21. Decontamination:

a) Submission of Remediation Scheme
With the exception of demolition, grubbing up of foundations and site clearance, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority.

The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

b) Implementation of Approved Remediation Scheme
The remediation scheme shall be implemented in accordance with the approved timetable of works. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority.

c) Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 7 days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.

An assessment must be undertaken and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of condition 10a. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable.

Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority in accordance with condition 10b.

d) Long Term Monitoring and Maintenance
A monitoring and maintenance scheme shall be compiled to include monitoring the long-term effectiveness of the proposed remediation over a period of 5 years, and the provision of reports on the same must both be submitted to and approved in writing by the Local Planning Authority. Following completion of the measures identified in that scheme and when the remediation scheme is complete, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be submitted to the Local Planning Authority. Thereafter, no works shall take place within the site such as to prejudice the effectiveness of the approved scheme of remediation.

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.

22. Prior to first occupation of the development signs shall be displayed in the entrance foyers to the flats stating that "This building has been designed to operate with windows closed to protect the occupiers against noise from external sources". In addition prospective occupiers shall be advised that the building has been designed to operate with windows closed to protect occupiers against noise from external sources.

Reason: In order to ensure that future occupiers are aware of how the building functions and to protect their amenities in accordance with policies KP2 and CP4, and SPD1 (Design and Townscape Guide) and Policy H5 of the Borough Local Plan.

23. (a) The development must be carried out in accordance with the details set out in the Archaeological Watching Brief by Pre-Construct Archaeology limited and dated March 2015. A written report of the investigation and findings must be produced, showing that the archaeological work and development has been carried out in accordance with the approved scheme. Copies of the written report of the investigation and findings must be sent to Southend Borough Council, Essex County Council and English Heritage.

(b) No part of the new building shall be occupied until the local planning authority has provided written confirmation that the archaeological fieldwork and development has been carried out in accordance with the approved scheme.

23(c) No part of the new building shall be occupied until the local planning authority has provided written confirmation that the archaeological fieldwork and development has been carried out in accordance with the approved scheme.

Reason: To avoid damage to archaeological remains on site as set out in NPPF Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 policy C1, and SPD1 (Design and Townscape Guide).

24. Prior to first occupation of the development a waste management plan and service plan for the development shall be submitted to and agreed by the Local Planning Authority, waste management and servicing of the development shall thereafter be carried out in accordance with the approved details.

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.

25. "Welcome packs" as detailed on page 11 of the Transport submitted with the application and dated March 2015 shall be provided to each new resident on occupation of the development, the "Welcome Pack" should also provide information about walking and cycling routes to the Development, public transport (including current timetables, details on car sharing, taxis, community transport and school transport). All reasonable endeavours should be made to ensure that the Travel Packs are passed on to future tenants/home owners.

Reason: In order to ensure that occupiers are fully aware of sustainable means of transport within the are and how to access them in accordance with Policy T13 of the BLP and KP2 , CP3 of the Core Strategy DPD1 and policy DM15 of the DMDPD.

26. Prior to first occupation of the development a scheme of public art shall be installed in accordance with plan 14246_PA22_RevA and updated in the email dated 15.05.15 from D. Godden.

Reason: To secure the provision of public art and in the interests of visual amenity in accordance with DPD1 (Core Strategy) policy KP2 and CP4, DMDPD policy DM1 and SPD1 (Design and Townscape Guide).

c) In the event that the planning obligation referred to in part (a) above has not been completed by 8th July 2015 the Head of planning and Transport or Group Manager (Planning & Building Control) be authorised to refuse planning permission for the application on the grounds that the development will not :- i) provide for improvements to the public highway and the public realm within the vicinity of the site; ii) provide for affordable housing to serve the needs of local residents. As such, the proposal would not make a satisfactory contribution towards the quality of the built environment within the vicinity of the site, would traffic congestion and be to the detriment of highway 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 and CP8 of the Core Strategy, Policies C11, C14, H5, U1, T8 and T13 of the Borough Local Plan, and the Design and Townscape Guide (2009).

Informatives

01 The developer/applicant must ensure that their proposal, both during construction and after completion of works on site, does not:

• encroach onto Network Rail land
• affect the safety, operation or integrity of the company's railway and its infrastructure
• undermine its support zone
• damage the company's infrastructure
• place additional load on cuttings
• adversely affect any railway land or structure
• over-sail or encroach upon the air-space of any Network Rail land
• cause to obstruct or interfere with any works or proposed works or Network Rail development both now and in the future

02 The development must ensure that any future maintenance can be conducted solely on the applicant's land. The applicant must ensure that any construction and any subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail's adjacent land and air-space, and therefore all/any building should be situated at least 2 metres (3m for overhead lines and third rail) from Network Rail's boundary. The reason for the 2m (3m for overhead lines and third rail) stand-off requirement is to allow for construction and future maintenance of a building and without requirement for access to the operational railway environment which may not necessarily be granted or if granted subject to railway site safety requirements and special provisions with all associated railway costs charged to the applicant. Any less than 2m (3m for overhead lines and third rail) and there is a strong possibility that the applicant (and any future resident) will need to utilise Network Rail land and air-space to facilitate works. The applicant / resident would need to receive approval for such works from the Network Rail Asset Protection Engineer, the applicant / resident would need to submit the request at least 20 weeks before any works were due to commence on site and they would be liable for all costs (e.g. all possession costs, all site safety costs, all asset protection presence costs). However, Network Rail is not required to grant permission for any third party access to its land. No structure/building should be built hard-against Network Rail's boundary as in this case there is an even higher probability of access to Network Rail land being required to undertake any construction / maintenance works. Equally any structure/building erected hard against the boundary with Network Rail will impact adversely upon our maintenance teams' ability to maintain our boundary fencing and boundary treatments.

03. No Storm/surface water or effluent should be discharged from the site or operations on the site into Network Rail's property or into Network Rail's culverts or drains except by agreement with Network Rail. Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail's property. Proper provision must be made to accept and continue drainage discharging from Network Rail's property; full details to be submitted for approval to the Network Rail Asset Protection Engineer. Suitable foul drainage must be provided separate from Network Rail's existing drainage. Soakaways, as a means of storm/surface water disposal must not be constructed near/within 10 - 20 metres of Network Rail's boundary or at any point which could adversely affect the stability of Network Rail's property. After the completion and occupation of the development, any new or exacerbated problems attributable to the new development shall be investigated and remedied at the applicants' expense.

04. All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail's property, must at all times be carried out in a "fail safe" manner such that in the event of mishandling, collapse or failure, no plant or materials are capable of falling within 3.0m of the boundary with Network Rail.

05. Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed. The applicant/applicant's contractor must consider if they can undertake the works and associated scaffold/access for working at height within the footprint of their property boundary.

06. Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Network Rail's Asset Protection Engineer prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.

07. In view of the nature of the development, it is essential that the developer provide (at their own expense) and thereafter maintain a substantial, trespass proof fence along the development side of the existing boundary fence, to a minimum height of 1.8 metres. The 1.8m fencing should be adjacent to the railway boundary and the developer/applicant should make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail's existing fencing / wall must not be removed or damaged and at no point either during construction or after works are completed on site should the foundations of the fencing or wall or any embankment therein, be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail's boundary must also not be disturbed. Any fencing installed by the applicant must not prevent Network Rail from maintaining its own fencing/boundary treatment.

08. Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. The developers should obtain Network Rail's Asset Protection Engineer's approval of their detailed proposals regarding lighting.

09. The potential for any noise/ vibration impacts caused by the proximity between the proposed development and any existing railway must be assessed in the context of the National Planning Policy Framework which holds relevant national guidance information. The current level of usage may be subject to change at any time without notification including increased frequency of trains, night time train running and heavy freight trains.

10. Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary as the species will contribute to leaf fall which will have a detrimental effect on the safety and operation of the railway. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail's boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions:
Permitted: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash - Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina"
Not Permitted: Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).

11. Where a proposal calls for hard standing area / parking of vehicles area near the boundary with the operational railway, Network Rail would recommend the installation of a highways approved vehicle incursion barrier or high kerbs to prevent vehicles accidentally driving or rolling onto the railway or damaging lineside fencing.

12. As the site is adjacent to Network Rail's operational railway infrastructure, Network Rail strongly recommends the developer contacts AssetProtectionAnglia@networkrail.co.uk prior to any works commencing on site. Network Rail strongly recommends the developer agrees an Asset Protection Agreement with us to enable approval of detailed works. More information can also be obtained from the website at www.networkrail.co.uk/aspx/1538.aspx.

13. When you carry out the work, you must avoid taking, damaging or destroying the nest of any wild bird while it is being built or used, and avoid taking or destroying the egg of any wild bird. These would be offences (with certain exceptions) under the Wildlife and Countryside Act 1981, the Habitats Regulations 1994 and the Countryside and Rights of Way Act 2000

14 Following occupation of the development, if within three months Network Rail or a Train Operating Company has identified that lighting from the development is interfering with signal sighting, alteration/mitigation will be required to remove the conflict

15 Any hedge planted adjacent to Network Rail's boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing.

16 Lists of trees that are permitted and those that are not permitted by Network Rail provided below and these should be added to any tree planting conditions:
Permitted:
Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash - Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina"

Not Permitted:
Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).

17. This permission is governed by a Unilateral Undertaking from the applicant under Section 106 of the Town and Country Planning Act 1990/S106 Agreement. The Undertaking/S016 relates to Affordable Housing; highways works, public realm improvement contribution, S106 Monitoring Fee.


(i) Blenheim Park
14/01965/OUTM
Demolish existing building and erect two blocks part 2, part 3, part 4 storey comprising of 38 flats, 1 commercial unit on ground floor lay out parking, refuse and cycle stores (Outline Application) (Amended Proposal)
939 - 953 London Road, Leigh-on-Sea, Southend-on-Sea, SS9 3LQ
EMEX International
Third Dimension Architectural Group Ltd.

OUTLINE PLANNING PERMISSION REFUSED for the following reasons:

1 The proposed development due to its height, bulk and position in relation to properties to the east in Fillebrook Avenue and 937 London Road would result in loss of privacy through unmitigated overlooking contrary to the provisions of the NPPF, Policy CP4 of the Core Strategy, Policies C11, H5 and H7 of the Southend on Sea Borough Local Plan and the Design and Townscape Guide.

2 The proposal, by reason of the dwelling mix, which is predominately 2 bed units, and the limited internal size of some of the units, would result in cramped living conditions and fail to contribute towards a mixed a balanced community. This is contrary to the NPPF, emerging policy DM7 and DM8 of the Development Management DPD2, policies KP2 and CP4 of the Core Strategy, and saved policies H5 and C11 of the Borough Local Plan.

3 In the absence of a signed legal agreement securing a contribution towards affordable housing contrary to the NPPF, policies KP2, CP3, CP6 and CP8 of DPD1 (Core Strategy).

Informative

1 The Council intends to adopt a CIL in July 2015. Should the application be the subject of an appeal it may be CIL liable if the appeal were allowed.

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) Eastwood Park Ward
15/00445/FULM
Demolish existing two storey technology block, erect two storey science block to rear with glazed link to main building including regarding and alterations to the existing playing field to provide external pitches
The Eastwood Academy, Rayleigh Road, Eastwood, Essex, SS9 5UU
The Eastwood Academy

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 14.189/09; 14.189/08 Revision D; 14.189/04 Revision A; 14.189/05; 14.189/02 Revision A; 14.189/03 Revision A; 14.189/06; 14.189/07.

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

03 No development shall take place until details and samples of the facing materials to be used on the external elevations, signage, glazing and hardstanding surfaces 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 materials unless otherwise agreed in writing by the local planning authority.

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.

04 No development shall commence until a detailed playing field specification, which accounts for the impact of the cut and fill works on infrastructure in the vicinity of the area that is to be the subject of the playing field improvements, and an implementation programme, prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority. The approved specification shall be complied with in full prior to the completion of the development unless otherwise agreed with the Local Planning Authority.

Reason: To ensure provision of adequate improvements to the quality of the playing field and to accord with the Borough Local Plan Policy C15.

05 The playing field enhancement works of the development hereby permitted shall be carried out in accordance with the recommendations of TGMS Ltd report TGMS0922.1 dated 16th March 2015 and drawing 14.189/08 Revision D and commenced prior to occupation of the science 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 Borough Local Plan Policy C15.

06 The hammer cage shall be relocated as shown on Drawing 14.189/08 D before development of the science block hereby permitted is commenced.

Reason: To ensure the satisfactory quantity, quality and accessibility of compensatory provision which secures a continuity of use in accordance with policy U8 of the Borough Local Plan.

07 Prior to commencement of the development full details of soft and hard landscape works including cross sections, aboricultural report detailing tree protection measures during construction of works and planting schedule shall be submitted to and agreed 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. Permeable paving shall be used for the hardstanding area unless otherwise agreed by the Local Planning Authority.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policy KP2 and CP4, DPD2 (Development Management) emerging policy DM1, Borough Local Plan 1994 policy C11 and C14, and SPD1 (Design and Townscape Guide).

08 Prior to the commencement of works on site, a plan/programme for the management of construction traffic shall be submitted to and agreed in writing by the Local Planning Authority. The plan/programme shall include details of measures to limit construction traffic, and the development shall be carried out in accordance with the approved details unless the local planning authority gives written approval to any variation.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 of the Southend on Sea Borough Local Plan 1994.

09 Prior to occupation of the development hereby approved, details and the siting of 55 cycle spaces (53 child cycle spaces and 2 staff cycle spaces) shall be submitted to and agreed in writing by the local planning authority and retained thereafter.

Reason: To ensure that satisfactory secure off-street bicycle parking is provided in the interests of sustainability, amenity and highways efficiency and safety, in accordance with DPD1 (Core Strategy) 2007 policy KP2, DPD2 (Development Management) emerging policy DM15, Borough Local Plan 1994 policy T8 and T11, and SPD1 (Design and Townscape Guide)

10 Prior to the use of the development hereby by 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. At the end of each academic year the Schools Travel Plan monitoring the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified problems must be submitted to and approved in writing by the local planning authority. The Travel Plan must be implemented in accordance with the approved details unless otherwise agreed in writing with the local planning authority.

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, DPD2 (Development Management) emerging policy DM15, Borough Local Plan 1994 policy T8, and SPD1 (Design and Townscape Guide).

11. Prior to the commencement of development a renewable energy assessment shall be submitted to and agreed in writing with the Council to demonstrate how at least 10% of the energy needs of the development will come from onsite renewable options (and/or decentralised renewable or low carbon energy sources. Details of the BREEAM ‘very good' will be required to be submitted and agreed with the local authority. The scheme as approved shall be implemented and brought into use on first occupation of the development unless otherwise agreed in writing with the Local Planning Authority.

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) policy KP2 and CP4, DPD2 (Development Management) emerging policy DM15, and SPD1 (Design and Townscape Guide).

12. 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.

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, DPD2 (Development Management) emerging policy DM15 .

13 Construction and demolition shall only take place between 0730 and 1800 Monday to Friday 0800 and 1300 Saturday and not at all on Sundays or Bank Holidays.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 and H5 of the Southend on Sea Borough Local Plan 1994.

14 During construction/demolition loading or unloading of goods or materials shall take place on the land between 0730-1800 Monday to Friday 0800-1300 Saturday, and not at all on Sundays or Bank Holidays.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 and H5 of the Southend on Sea Borough Local Plan 1994.

Informatives

You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information.

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.


(k) Chalkwell Ward
15/00669/OUT
Demolish existing single storey office building, erect four three storey dwelling houses, associated landscaping and form vehicular accesses on to Station Road (Outline - Amended Proposal)
315 Station Road, Westcliff-on-Sea, Essex, SS0 8DZ
Belgy Property Services Ltd
SKA Architects Ltd

OUTLINE PLANNING PERMISSION GRANTED subject to the following conditions:

1 Details of the landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority not later than 3 (three) years from the date of this permission. The development hereby permitted shall begin not later than 2 (two) years from the date of approval of the last of the reserved matter to be approved.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and because the application is for outline planning permission only and the particulars submitted are insufficient for consideration of details mentioned.

2 The development hereby permitted shall be carried out in accordance with the approved plans 268-11-14 P01 Revision C; 268-11-14 P04 Revision E; 268-11-14 P03 Revision C.

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

3 Prior to commencement of the development hereby approved, details and samples of materials to be used in the construction of the external elevations of the dwellings and hardstanding surfaces, which should be constructed from a permeable surface shall be submitted to and agreed by the Local Planning Authority. The development shall 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 drainage to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is set out in National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management) emerging policy DM1, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

4 4 car parking spaces (1 to each dwelling) shall be provided in accordance with 268-11-14 Revision C prior to occupation of the new dwellinghouses hereby approved and shall thereafter be permanently retained for the parking of private motor vehicles solely for the benefit of the occupants of the new dwellings 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) emerging policy DM15, Borough Local Plan 1994 policy T8 and T11, and SPD1 (Design and Townscape Guide).

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any order revoking and re-enacting that Order with or without modification, no development shall be carried out within Schedule 2, Part 1, Class A, B, C, D and E.

Reason: To protect the privacy and environment of people in neighbouring residential properties, DPD1 (Core Strategy) 2007 policy CP4, DPD2 (Development Management) emerging policy DM1, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

6 All planting in the approved landscaping scheme, submitted as part of the reserved matters scheme shall be carried out within 12 calendar months of completion of the development. Any trees, or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as maybe agreed with the local planning authority.

Reason: In the interests of visual amenity and to ensure a satisfactory standard of landscaping, pursuant to Policy C14 of the Borough Local Plan, Policy CP4 of the Core Strategy DPD1 and DPD2 (Development Management) emerging policy DM1.

7 Prior to the commencement of development a renewable energy assessment shall be submitted to and agreed in writing with the Council to demonstrate how at least 10% of the energy needs of the development will come from onsite renewable options (and/or decentralised renewable or low carbon energy sources. Details of Code for Sustainable Homes Level 3 or achieving BREEAM ‘very good' should also be submitted and agreed with the local planning authority. The scheme as approved shall be implemented and brought into use on first occupation of the development unless otherwise agreed in writing with the Local Planning Authority.

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) policy KP2 and CP4, DPD2 (Development Management) emerging policy DM2 and SPD1 (Design and Townscape Guide).

8 No development hereby permitted shall commence until details of surface water attenuation for the site, based on SUDS principles, have been submitted to and approved by the Local Planning Authority. The works agreed shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure satisfactory drainage of the site in accordance with policy KP2 of the Core Strategy DPD1 and DPD2 (Development Management) emerging policy DM2.

9 Prior to first occupation of the dwellinghouses details of an acoustic fence to the north, east and west boundaries shall be submitted to and approved in writing by the Local Planning Authority. The fence shall be installed in accordance with the approved details prior to first occupation of the dwellinghouses and shall be retained thereafter, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect residential amenity and general environmental quality in accordance with National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management) emerging policy DM1, and Borough Local Plan 1994 policy H5, E5 and U2.

10 Construction and demolition shall only take place between 0730 and 1800 Monday to Friday 0800 and 1300 Saturday and not at all on Sundays or Bank Holidays.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 and H5 of the Southend on Sea Borough Local Plan 1994.

11 During construction/demolition loading or unloading of goods or materials shall take place on the land between 0730-1800 Monday to Friday 0800-1300 Saturday, and not at all on Sundays or Bank Holidays.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 and H5 of the Southend on Sea Borough Local Plan 1994.

12 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors
ii. loading and unloading of plant and materials
iii. storage of plant and materials used in constructing the development
iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate
v. details of drainage/surface water to ensure the proposal does not discharge onto Network Rail land including foul drainage.
vi. measures to control the emission of dust and dirt during construction
vii. plant and materials
viii. scaffolding
ix. piling
x. lighting
xi. a scheme for recycling/disposing of waste resulting from demolition and construction works
xii. future maintenance of the site

Reason: To minimise the environmental impact and disturbance to existing residents, during construction of the development in accordance NPPF; DPD1 (Core Strategy) 2007 policy KP2 and CP4; DPD2 (Development Management) emerging policy DM1 and Borough Local Plan 1994 policy U2 and T8.

Informatives

1 You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information.

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.


(l) Milton Ward
14/01798/FUL
Erect additional floor to form four self-contained flats with associated terraces, erect part two part three storey rear extension, lay out parking and refuse storage to rear
Mayas Restaurant, First Floor, 42 London Road, Southend-On-Sea, Essex, SS1 1NT
Mr Carl And Marc Cantor
BGA Architects

PLANNING PERMISSION REFUSED for the following reason:

1. The proposed residential units would be served by inadequate living conditions by virtue of the undue sense of enclosure that would be caused by the relationship to the existing roof and the proposed screen to the east edge of the building. Moreover, it has not been demonstrated that the occupants of the proposed residential units would not be subjected to undue noise and disturbance from the operation of surrounding commercial uses and the operation of extraction, ventilation and other such plant. The proposal is therefore contrary to the National Planning Policy Framework 2012, Borough Local Plan Policies C11, H5 and H7, Emerging Development Management DPD Policies DM1, DM3 and DM8 and 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.


(m) Chalkwell Ward
14/02093/FUL
Enclosed bin store to front (north elevation) and install enclosed ventilation equipment to roof (Part Retrospective)
Kiosk 9, Western Esplanade, Westcliff-on-Sea, Essex
Mr D. Gammer
N/A

PLANNING PERMISSION GRANTED on the following grounds:

1 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.

2 The development hereby permitted shall be carried out in accordance with the approved plans Location Plan; 93-06-11-P06/B May 2016; 93-06-11-P03/b May 2016.

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

3 The external cladding to be used in the construction of the refuse and extract enclosure shall be constructed from timber cladding herringbone pattern colours of Cabbage White 269 and Lulworth Blue 89 Farrow and Ball Paint. The works must then be carried out in accordance with the approved materials 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 DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management) emerging policy DM1, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

4 No materials or waste are to be deposited within the Benfleet and Southend Marshes SSSI, SPA and Ramsar site, outside the boundary of the area that the planning application refers to.

Reason: To ensure the nature conservation interests of the area are protected, considering the site's location in relation to Benfleet and Southend Marshes SSSI, RAMSAR and SPA site, pursuant to Policy KP2 of the Southend on Sea Core Strategy 2007.

5 No construction works involving heavy plant or machinery are to be undertaken during the period from 1 October to 31 March inclusive and at no time unless agreed in writing by the Local Planning Authority.

Reason: To ensure the nature conservation interests of the area are protected, considering the site's location in relation to Benfleet and Southend Marshes SSSI, RAMSAR and SPA site, pursuant to Policy KP2 of the Southend on Sea Core Strategy 2007.

6 No security or other exterior lighting shall be illuminated, unless such lights are so arranged as to prevent any light spill onto the Benfleet and Southend Marshes SSSI, and to minimise direct glare when viewed from the foreshore.

Reason: To ensure the nature conservation interests of the area are protected, considering the site's location in relation to Benfleet and Southend Marshes SSSI, RAMSAR and SPA site, pursuant to Policy KP2 of the Southend on Sea Core Strategy 2007.

7 Construction hours shall be restricted to 0730-1800 Monday to Friday, 0800-1300 Saturday and not at all on Sundays or Bank Holidays.

Reason: To protect the environment of people in neighbouring properties and general environmental quality, and in the interests of visual amenity, in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy; and C11, 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

01 You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information.


(n) Milton Ward
15/00255/FUL
Convert building rear of 61-69 Princes Street into 5 self-contained flats with associated car parking spaces, amenity area, refuge and cycle stores
61 - 69 Princes Street, Southend-on-Sea, SS1 1PT
Mr D. Morton
Mr M. Warner

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: 10807/2011, 20807/2011, 30807/2011, 40807/2011 amended 15.04.15, 50807/2011 amended 15.04.15, 60807/2011, 70807/2011, 80807/2011, Fig 1A, Figs 2/2A, Fig. 3, Unnumbered rooflight details, Fig.4, Fig. 4A, Fig. 5, Fig. 5i, Fig. 5ii, Fig. 5iii, Fig. 5A, Fig. 5B, letter from agent dated 15th April 2015.

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

03. All new exterior brickwork must match the existing original brickwork in terms of its colour, texture and appearance unless otherwise first agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained thereafter unless otherwise agreed in writing.

Reason: To protect the character and appearance of the building in accordance with Policies KP2 and CP4 of the Core Strategy, Policy C11 of the Borough Local Plan and the Design and Townscape Guide, 2009 (SPD1).

04. All windows in the first and second floors of the east, south and west elevations (with the exception of the windows on the east elevation serving the bedroom of flat 5 and the larger of the two bedroom windows on this elevation serving flat 1) shall be glazed with obscure glass (the glass to be obscure glazed to at least Level 4 on the Pilkington Levels of privacy, or such equivalents as may be agreed in writing with the local planning authority) and fixed shut and unopenable apart from any top hung lights which shall be a minimum of 1.7m above the internal floor area. In the case of multiple glazed units, at least one layer of glass in the relevant units shall be glazed in obscure glass.

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

05. No additional windows or other openings, including any change in the height, size, design or position of the windows on the plans hereby approved, shall be inserted into the building without first obtaining the written permission of the Local Planning Authority. The development shall be permanently retained in accordance with the agreed details.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with East of England Plan 2008 policy DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, SPD1 (Design and Townscape Guide) and emerging Development Management Document policy DM1.

06. A scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the occupation of the flats. This provision shall be made for the lifetime of the development.

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy, the Design and Townscape Guide (SPD1) and Emerging Development Management Document Policy DM2.

07. The flats shall not be occupied until all five car parking spaces provided for occupiers and visitors to the flats and such parking spaces as provided shall be permanently retained for that purpose in accordance with the approved plans unless otherwise agreed in writing by the Local Planning Authority.

Reason: To make provision for parking off the highway and in the interest of highway safety in accordance with Core Strategy Policy CP3, Policies T11 and T8 of the Southend on Sea Borough Local Plan and the Emerging Development Management Document Policy DM15.

08 The scheme of hard and soft landscaping shall be implemented in accordance with the approved plans: Fig (unnumbered), Fig. 5, Fig 5i and details submitted in the supporting statement dated 16th January 2015. The soft landscaping works must be carried out in full within one planting season of completing the development (or within any other time limit agreed in writing by the Local Planning Authority).

Reason: To ensure a satisfactory amenity space, suitable appearance and in the interest of the amenities of future occupiers, in accordance with Policies KP2 and CP4 of the Core Strategy, Policies C11, C14, the Design and Townscape Guide (SPD1) and Emerging Development Management Document Policies DM1 and DM8.

09. The boundary treatments shall be carried out in accordance with the approved plans: Figs 2/2A, Fig. 5, Fig. 5ii, Fig. 5iii. Such boundary treatments shall be erected concurrently with the conversion of the building and be retained at all times thereafter, unless otherwise first agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: To safeguard the amenities of the adjoining residential properties, in accordance with Policy H5 of the Southend on Sea Borough Local Plan and the Emerging Development Management Document Policy DM1.

10. The refuse store shall be installed prior to the first occupation of the flats and permanently retained in accordance with the approved plans: Fig. 5ii and Fig. 5B unless otherwise agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: In the interest of amenities of future residential occupiers, in accordance with Policy H5 of the Southend on Sea Borough Local Plan and Emerging Development Management Document Policies DM1 and DM8.

11. The cycle store shall be installed prior to the first occupation of the flats and permanently retained in accordance with the approved plans: Fig. 5A, Fig. 5i and Fig. 5ii unless otherwise agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: In the interest of amenities of future residential occupiers and to ensure adequate cycle parking facilities, in accordance with Policies H5 and T13 of the Southend on Sea Borough Local Plan and Emerging Development Management Document Policy DM15.

12. The highways works shall be carried out in full prior to the first occupation of the flats in accordance with the approved plans: Fig. unnumbered and Fig. 1A unless otherwise agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: In the interests of sustainability, accessibility, highways management, efficiency and safety in accordance with Policies KP2, KP3 and CP3 of the Core Strategy DPD1, Policy T8 of the Borough Local Plan and Emerging Development Management Document Policy DM15.

Informative

01. You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information.

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.


(o) Eastwood Park Ward
15/00290/FUL
Form vehicular crossover onto Hazelwood Grove
Fairfield BMW, Arterial Road, Leigh-on-Sea, SS9 4XX
Fairfield Garage (Leigh-on-Sea)
Brook Radley

DEFERRED (for pmsv)


(p) West Leigh
15/00315/FUL
Erect two storey rear extension and first floor rear extension
Chartwell Private Hospital, 1629 London Road, Leigh-on-Sea, Essex, SS9 2SQ
Mr S. Woolridge (Chartwell Asset Management Ltd)
Mr P. Roberts (Architects LE1)

Mr Bowler spoke as an objector the application and Mr Richman responded on behalf of the applicant.

DEFERRED (for pmsv)


(q) West Shoebury Ward
15/00398/FUL
Demolish existing dwellinghouse, erect three storey dwellinghouse with basement, balconies to rear elevation and alter existing vehicular access
14 Lodwick, Shoeburyness, Southend-on-Sea, Essex, SS3 9HW
Mr G Fernley
Thomas De Cruz Architects

Mr Bowhill spoke as a objector.

PLANNING PERMISSION REFUSED, subject to the following conditions:

The development by virtue of its detailed design and excessive bulk, scale and form would result in a dominant and incongruous addition to the streetscene contrary to the National Planning Policy Framework 2012, Policy KP2 (Development Principles) and CP4 (The Environment and Urban Renaissance) of the Core Strategy, Policies C11 (New Buildings, Extensions & Alterations) and H5 (Residential Design & Layout Considerations) of the Borough Local Plan, and 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.

Informative:

01 The Council intends to adopt a Community Infrastructure Levy in July 2015. Should this application be the subject of an appeal and be allowed, the development would be CIL liable.


(r) Shoeburyness Ward
15/00505/FUL
Demolish existing commercial buildings, erect single storey dwelling, layout parking and amenity area rear of 104-112 High Street (amended proposal)
Land rear of 104-112 High Street, Shoeburyness
Mr M. Burpitt
Mrs S. Bell, Sue Bell Planning Consultant

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: 338-01 Rev A, 338-02 Rev A, 338-03 Rev A.

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

03. No development shall take place until samples of the materials to be used on the external elevations of the building, on any screen/boundary walls, fences and gates, and on any driveway, access road, 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 the area in accordance with Policy C11 of the Borough Local Plan, Policies KP2 and CP4 of the Core Strategy DPD1 and emerging Development Management Document DM1.

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). 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 Policies C4, C11 and C14 of the Borough Local Plan and Policy CP4 of the Core Strategy DPD1.

05. All planting in the approved landscaping scheme shall be carried out within the first available planting season following the completion of the development. Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed with the Local Planning Authority.

Reason: In the interests of visual amenity 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. No development hereby permitted shall commence until details of surface water attenuation for the site, based on SUDS principles, have been submitted to and approved by the Local Planning Authority. The works agreed shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure satisfactory drainage of the site in accordance with policy KP2 of the Core Strategy DPD1 and emerging Development Management Policy DM2.

07. No development shall take place until an assessment of the nature and extent of contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include:

(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops,
livestock, pets, woodland and service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;

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 Core Strategy Policies KP2 and CP4, Borough Local Plan Policy U2 and Emerging Development Management Document Policy DM14.

08. Construction and demolition shall only take place between 07:30 and 18:00 Monday to Friday, 08:00 and 13:00 Saturday and not at all on Sundays or Bank Holidays.

Reason: In the interest of the amenities of neighbouring residential occupiers in accordance with policy C11 of the Borough Local Plan.

09. A scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the occupation of the dwellinghouse. This provision shall be made for the lifetime of the development.

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy, the Design and Townscape Guide (SPD1) and Emerging Development Management Document Policy DM2.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended, or any Order revoking or re-enacting that Order with or without modification, no development shall be carried out within Schedule 2, Part 1, Classes A, B, C, D, E, F or G of those Orders.

Reason: To safeguard the design and appearance of the dwellinghouses, in the interest of the standard of accommodation and to ensure that satisfactory amenity space remains for the amenities of future occupiers, in accordance with Policies C11 and H5 of the Borough Local Plan, the Design and Townscape Guide, 2009 (SPD1) and Emerging Development Management Document Policies DM1 and DM8.

11. The dwellinghouse shall not be occupied until one car parking space has been constructed for occupiers and visitors to the dwellinghouse and such this parking space shall be permanently retained for that purpose in accordance with the approved plans no. 338-01A unless otherwise agreed in writing by the Local Planning Authority.

Reason: To make provision for parking off the highway and in the interest of highway safety in accordance with Core Strategy Policy CP3, Policies T11 and T8 of the Southend on Sea Borough Local Plan and the Emerging Development Management Document Policy DM15.

Informative

01. You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information.

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.


(s) St Laurence Ward
15/00568/FUL
Application for change of use from florist shop (Class A1) to mixed use hot food restaurant/takeaway (Classes A3/A5) and installation of extract ducting to rear roof
Derek's Florist, 5 Manners Corner, Manners Way, Southend-on-Sea, Essex, SS2 6QR
Mrs Tamanna Begum
Daniel Childs

PLANNING PERMISSION REFUSED, subject to the following reasons:

1 The proposed change of use, by reason of opening hours and intensification of use would be to the detriment of adjoining residential amenity. It has not been satisfactorily demonstrated that the proposal would preserve the amenities of the locality and would not give rise to adverse impacts to surrounding dwellings in terms of noise disturbance, traffic or other related activity. The proposed change of use is therefore considered to be contrary to National Planning Policy Framework, emerging policy DM1 of the Development Management DPD2, Core Strategy DPD1 Policies KP2, CP3 and CP4, Southend-on-Sea Borough Local Plan S5, T8 and T11 and the Design & Townscape Guide, 2009.

2 The proposed development by reason of unsatisfactory provision of parking will cause additional on street parking in an area of parking stress to the detriment highway safety and the local highway network contrary to guidance contained within the NPPF, Policy DM15 of Development Management DPD2, Policy CP3 of the DPD1 (Core Strategy), Policies T8 and T11 of the Borough Local Plan and the Design and Townscape Guide (SPD1).

3 Insufficient information has been submitted to demonstrate that the extract/ventilation equipment would be acceptable in terms of amenity to nearby residential occupiers. Notwithstanding the reason above, the proposal fails to demonstrate that waste storage facilities could be successfully accommodated within the site. The proposal would be contrary to Core Strategy Policy KP2 and CP4, Policies S5, E5, C11 and U2 of the Southend on Sea Borough Local Plan and guidance contained within the National Planning Policy Framework.


(t) West Leigh Ward
15/00537/FULH
Erect part single/part two storey rear extension (amended proposal)
10 Canvey Road, Leigh-on-Sea, Essex SS9 2NN
Mr R. Cook
Mr D. Booth

PLANNNING 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: TP/01A.

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

03. The colour, type and texture of any materials used on the external elevations of the extension shall match those of the existing building, unless otherwise first agreed in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: To safeguard the visual amenities of the area, in accordance with Policies C4 and C11 of the Southend-on-Sea Borough Local Plan.

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.


(u) Eastwood Park Ward
15/00562/FULH
Form hipped to gable roof, erect rear roof extension and front dormer to form habitable accommodation in the roof
82 Belgrave Road, Eastwood, Essex, SS9 5EL
Mrs M Daley
Mr Alex Collinson

PLANNING PERMISSION REFUSED, for the following reasons:

01 The first floor rear extension, by reason of its size, unsatisfactory design and failure to integrate with the existing building, would be detrimental to the appearance of the existing dwelling and the character of the area and contrary to the NPPF, Policies C11 and H5 of the Borough Local Plan and KP2 and CP4 of the Core Strategy and advice contained within the adopted Design and Townscape Guide (SPD1).

02 The proposed dormer to the front elevation of the dwelling due to its size and design would result in a overscaled and incongruous feature which would be detrimental to and out of keeping with the character and appearance of the existing building and the character and appearance of the locality contrary to guidance contained within the NPPF, Policies KP2 and CP4 of the Core Strategy, Policies C11 and H5 of the Borough Local Plan and the Design and Townscape Guide, 2009 (SPD1).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and discussing those with the Applicant. However, the proposal does not represent sustainable development because the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal and set out in a report prepared by officers, approval has not been possible.


(v) Belfairs Ward
15/00397/FUL
Demolish existing bungalow and garage, erect detached dwellinghouse with associated garage and layout parking
72 Woodside, Leigh-on-Sea, Essex, SS9 4RB
Mr And Mrs G Wilson
Metson Architects Ltd

PLANNING PERMISSION GRANTED, subject to the following conditions:

1 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.

2 The development hereby permitted shall be carried out in accordance with the approved plans TP-01B and 1426/TP-11; 1426/TP-12.

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

3 Prior to commencement of the development hereby approved. Details and sample of materials to be used in the construction of the external elevation of the dwelling, boundary treatments and hardstanding surfaces, which should be constructed from a permeable surface hereby approved shall be submitted to and agreed by the Local Planning Authority. The development shall 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 set out in National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, emerging policy DM1 of DPD2 (Development Management). Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

4 The windows to the flank elevations (east and west) hereby approved shall only be glazed in obscure glass to first floor (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, DPD1 (Core Strategy) 2007 policy CP4, emerging policy DM1 of DPD2 (Development Management), Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

5 Prior to the commencement of development a renewable energy assessment shall be submitted to and agreed in writing with the Council to demonstrate how at least 10% of the energy needs of the development will come from onsite renewable options (and/or decentralised renewable or low carbon energy sources. Details of Code for Sustainable Homes Level 3 or achieving BREEAM ‘very good' should also be submitted and agreed with the local planning authority. The scheme as approved shall be implemented and brought into use on first occupation of the development unless otherwise agreed in writing with the Local Planning Authority.

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) policy KP2, emerging policy DM2 of DPD2 (Development Management). and SPD1 (Design and Townscape Guide).

6 No development hereby permitted shall commence until details of surface water attenuation for the site, based on SUDS principles, have been submitted to and approved by the Local Planning Authority. The works agreed shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure satisfactory drainage of the site in accordance with policy KP2 of the Core Strategy DPD1 and emerging policy DM15 of DPD2 (Development Management).

7 Construction and demolition shall only take place between 0730 and 1800 Monday to Friday 0800 and 1300 Saturday and not at all on Sundays or Bank Holidays.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 and H5 of the Southend on Sea Borough Local Plan 1994.

8 During construction/demolition loading or unloading of goods or materials shall take place on the land between 0730-1800 Monday to Friday 0800-1300 Saturday, and not at all on Sundays or Bank Holidays.

Reason: In the interests of the character and amenity of the area in accordance with Policy C11 and H5 of the Southend on Sea Borough Local Plan 1994.

Informatives

1 You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information.

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.


(w) Westborough Ward
15/00404/S106BA
S106 Variation of Affordable Housing Element
Modification of planning obligation dated 28/03/2012 pursuant to planning permission 11/01349/FULM to remove the requirement to provide affordable housing.
Brookside Works Springfield Drive And, 279 Fairfax Drive, Westcliff-on-Sea
St John's Road Properties Ltd
Michael Calder (Phase 2 Planning And Development Ltd)

DELEGATED to the Head of Planning and Transport or the Group Manager for Planning and Building Control to GRANT A MODIFICATION OF THE PLANNING OBLIGATION dated 28/03/2012 pursuant to planning permission 11/01349/FULM to provide a commuted sum payment for affordable housing of £150,000.


(x) Milton Ward
14/00914/FULM
Demolish parts of existing building and carry out various extensions to form 3 storey block of 22 self-contained flats with associated car parking, amenity space and cycle store to 30-36 Valkyrie Road
Balmoral Hotel, 32-34 Valkyrie Road, Westcliff-on-Sea, Essex
Mr James Nyman
Collins & Coward Ltd

(a) AMENDMENTS TO PLANNING OBLIGATIONS REFUSED (and revert back to the resolution of 10th September 2014):

(b) The Corporate Director of Place, Head of Planning and Transport or the Group Manager of Planning and Building Control be authorised to determine the application upon completion of the above obligation when executed, accord with the details set out in the report and conditions agreed on 10th September 2014.

(c) In the event that the planning obligation referred to in part (a) above has not been completed before or on the 23rd July 2015 the Head of Planning & Transport or the Corporate Director for Place, Group Manager of Development Control and Building Control be authorised to refuse planning permission for the application on the grounds of failure to comply with policies contained within the Development Plan as identified above, and the NPPF.
23 Enforcement of Planning Control
Business for item 23
(a) Southchurch Ward
15/00003/UNAU_B
Without planning permission, the erection of single storey side and rear extensions.
60 Poynings Avenue, Southend-On-Sea, Essex, SS2 4RU

THAT ENFORCEMENT ACTION BE AUTHORISED to require the removal of the unauthorised side and rear extensions on the grounds of detriment to visual amenity caused by the poor design and inappropriate materials that have been used contrary to Core Strategy Policies KP2 and CP4, Local Plan Policies, C11 and H5, Emerging Development Management DPD policy DM1 and the Design and Townscape Guidance (SPD1).

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 it is considered that a compliance period of 3 months is reasonable.

(b) Victoria Ward

15/00048/UNAU-B
The erection of a 1.8m high fence other than in accordance with Condition 07 of Planning Permission 13/001625/FUL.
Rear of: 17-19 Bircham Road, Southend-on-Sea, SS2 5DN

THAT NO FURTHER ACTION BE TAKEN
14.00/20.45

Attendance Details

Present:
Councillor A Crystall (Chairman)
Councillors M Assenheim (Vice-Chairman), B Ayling, M L Borton, M Butler, T K Byford, *L Davies, M F Evans, N J Folkard, D Garston, R E Hadley, *Waterworth, J McMahon, K R Robinson, P R Van Looy, C W Walker and N D Ward.

*Substitute in accordance with Council Procedure Rule 31.
In attendance:
R Harris, J K Williams, P Geraghty, C Galforg, D Hermitage,

Business

ItemBusiness
22The Committee received reports of the Corporate Director Enterprise, Tourism and the Environment which reported on applications which had been deposited with the Council.
23The Committee received a report of the Corporate Director for Place which reported on alleged breach of planning control.

 

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