Meeting documents

Development Control Committee
Wednesday, 8th July, 2015 2.00 pm

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

Attendance Details

ItemDescriptionResolution
Part I
107 Apologies and substitutions.
 Apologies for absence were received from Councillors Butler (Substitute: Cllr Salter), Byford (Substitute: Cllr Lamb), Evans (Substitute: Cllr J Garston), Robinson (Substitute: Cllr Jones) and McGlone (Substitute: Cllr Waterworth).
108 Declarations of interest.
 The following interests were declared at the meeting:

(a) Councillors Assenheim, Borton, McMahon, Crystall, Folkard, McMahon and Walker - 15/00858/BC4 - Non-pecuniary interest - Applicant's parent is a former Councillor known to them

(b) Councillors D A Garston and J M Garston - 15/00858/BC4 - Non-pecuniary interest - Objector and Applicant is known to them;

(c) Councillor Hadley - 15/00858/BC4 - Non-pecuniary interest: Member of the Licensing Sub Committee appointed to consider the licensing application in respect of these premsies (withdrew);

(d) Councillor Jones - 15/00521/FULM - Non-pecuniary interest: Executive Councillor for Children & Learning regarding at s.106 contributions to education were referred to;

(e) Councillors Lamb and Walker - 15/00521/FULM - Non-pecuniary interest: Knows head teacher of the school adjacent to the application site;

(f) Councillor McMahon - 14/01117/AMDT - Non-pecuniary interest: Occasional advocate for the residents of Chalkwell Lodge;

(g) Councillor Salter - 15/00315/FUL - Non-pecuniary interest: Son-in-law works at the Highlands Surgery which is next door to the application site;

(h) Councillor Van Looy - 15/00315/FUL - Non-pecuniary interest: Friend lives in Sydney Road;

(i) Councillor Ward - 14/01649/FUL - Non-pecuniary interest: Owns a bed & breakfast accommodation in Eastern Esplanade.
109 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.
110 Reports on Planning Applications
Business for item 110
The decision of the Committee in relation to each application is set out below:-

(a) West Leigh Ward
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)

Planning Permission REFUSED for the following reason:

01. The proposed development, by reason of its bulk, massing and proximity to the neighbouring property would be overbearing and would create an unreasonable sense of enclosure which would be detrimental to residential amenity. This would be contrary to the National Planning Policy Framework, Policy CP4 of the Southend Core Strategy 2007, policies C11 and H5 of the saved Southend Borough Local Plan 1994, and the Design & Townscape Guide.

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) Shoeburyness Ward
14/00566/OUTM
Erect 172 dwellinghouses and 15000sqm of Offices (Class B1) (outline application)
Land Between Barge Pier Road and Ness Road, Shoeburyness, Southend-on-Sea, Essex
Garrison Developments LLP
Pomery Planning Consultants Ltd

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

Planning Permission REFUSED for the following reasons:

01. The proposed development would result in a significant increase in traffic generation which would be detrimental to the flow of traffic in the immediate area, and be to the detriment of highway safety and efficiency, contrary to Policy CP3 of the Core Strategy DPD1, emerging policy DM15 DPD2 (Development Management) and policies T8 and T11 of the Borough Local Plan.

02. It has not been demonstrated that the proposal would provide sufficient surface water attenuation that would restrict discharge to an acceptable rate. As such, it has not been demonstrated that the development could be made safe in flood risk terms without increasing localised flooding elsewhere. This is contrary to the National Planning Policy Framework and Policies KP1 and KP2 of the Core Strategy.


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.


(c) Milton Ward
15/00758/LBC
Various Repairs and Maintenance to the Prince George Extension (Listed Building Consent)
The Pier, Western Esplanade, Westcliff-on-Sea, Essex, SS1 1EE
Southend Borough Council
Mr Chris Stanyard, Hemsley Orrell Partnership

DELEGATED to the Corporate Director for Place, Head of Planning & Transport or Group Manager Development Control and Building Control to REFER THE APPLICATION FOR LISTED BUILDING CONSENT to the Secretary of State, 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 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990

02. The development hereby permitted shall be carried out in accordance with the approved plans LP, SP, LBC GA,15, CPL/202/001, CPL/202/002, CLP/202/003

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

03. Any junction boxes, wiring or monitoring shall be sited in discrete locations so that they are not publically visible.

Reason: To safeguard the appearance of the listed building in accordance with the NPPF, Core Strategy Policies KP2 and CP4, Borough Local Plan Policies C2 and C11 and The Design and Townscape Guide (SPD1).

04. The existing sacrificial timbers to the outer columns of the Prince George Extension shall be reinstated or replaced like for like if required on completion of the concrete repairs

Reason To safeguard the appearance of the listed building in accordance with the NPPF, Core Strategy Policies KP2 and CP4, Borough Local Plan Policies C2 and C11 and The Design and Townscape Guide (SPD1).

Informatives:

01. No construction shall take place during any periods of freezing weather conditions or whilst the ground remains frozen in order to minimise the risk of disturbance and thus to avoid causing additional stress to birds during periods when they are already subject to high levels of stress due to adverse weather conditions

02. Between 1st October and 31st March inclusive, no usage of power tools or any percussive activity such as hammering shall take place on the Stem Extension or beyond during a period from one hour before each high tide until one hour after that high tide

03. Ensure that any coatings/treatments on the materials used are suitable for use in the marine environment and are used in accordance with best environmental practice. Environment Agency guidelines (Pollution Prevention Guidelines) should be followed and all reasonable precautions are undertaken to ensure no pollutants enter the water body

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) Kursaal Ward
15/00521/FULM
Erect five storey building comprising of 22 flats, layout 39 car parking spaces including undercroft parking, cycle store, bin store, hard and soft landscaping, changes to ground levels and install access gate to front.
Lloyds TSB, Essex House, Southchurch Avenue, Southend-On-Sea, Essex, SS1 2LB
Weston Homes Plc

1. DELEGATED to the Corporate Director for Place, Head of Planning & 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:
• 5 units of affordable housing.
• A financial contribution of £33,852.80 towards primary and secondary education.
• A £3,000 contribution towards the upgrade of a nearby bus stop.

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

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

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

02. The development shall be carried out in accordance with the approved plans: WH166/15/P/35.01, WH166/15/P/35.02, WH166/15/P/50.01, WH166/15/P/05.01, WH166/15/P/10.01, WH166/15/P/10.02, WH166/15/P/25.01, WH166/15/P/30.01, WH166/15/P/30.02 and WH166/15/P/30.03.

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

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

Reason: To safeguard character and appearance of surrounding area in accordance with Policies H5 and C11 of the BLP and KP2 and CP4 of the BLP

04. The development shall not be occupied until 39 car parking and 22 cycle parking spaces have been provided on hardstandings within the curtilage of the site, together with properly constructed vehicular accesses to the adjoining highway, all in accordance with the approved plans. The parking spaces shall be permanently retained thereafter for the parking of occupiers of and visitors to the development.

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

05. 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.

06. 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 H5 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

07. 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.

08. 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, and to protect the amenities of surrounding occupiers in accordance with policies H5, C4 and C11 of the Borough Local Plan and Policies KP2 and CP4 of the Core Strategy DPD1.

09. 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

10. 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

11. No development shall take place until full details of both hard and soft landscape works, including those of all roof terraces and the public realm proposals, have been submitted to and approved in writing by the local planning authority and the approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development, unless otherwise agreed in writing by the local planning authority. These details shall include, for example:-
i. proposed finished levels or contours;
ii. means of enclosure, including any gates to the car parks;
iii. car parking layouts;
iv. other vehicle and pedestrian access and circulation areas;
v. hard surfacing materials;
vi. minor artefacts and structures (e.g. street furniture, loggia, bollards, play equipment, refuse or other storage units, signs, lighting, etc.)
This shall include details of details of the number, size and location of the trees, shrubs and plants 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 tree protection measures to be employed during demolition and construction.

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

12. 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 implemented 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

13. A scheme detailing how at least 10% of the total energy needs of the dwellinghouses will be supplied using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first 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 (DPD1).

14. Prior to commencement of development details of the treatment of the undercroft area, including internal elevations, materials/finishes 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 and the environment for residents in accordance with policies H5, H7 and C11 of the BLP and Policies KP2 and CP4 of the Core Strategy DPD1.

15. The dwellings shall achieve a Code Level 3 (or higher) in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 (or higher) has been achieved unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (DPD1) and emerging Development Management DPD Policy DM2.

16. Prior to the commencement of development at the site, a scheme of surface water run-off attenuation measures to be included within the development shall be submitted to and approved in writing by the Local Planning Authority. Subsequently, the proposed development shall only be undertaken in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of providing sustainable development and encouraging sustainable drainage at the site in accordance with the NPPF and Policy KP2 of the Core Strategy (DPD1).

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" available at: http:www.london.gov.uk/thelondonplan/guides/bpg/bpg_04.jsp

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

(e) Milton Ward
15/00443/OUT
Erect two storey building comprising two retails units, one dwelling house and two self-contained flats, layout parking, cycle store, bin store and hard and soft landscaping (Outline)
Land adjacent Alexandra Street Car Park, Alexandra Street
Southend-on-Sea, Essex
Mr George Hues
Hedgehog Development

Outline planning permission REFUSED for the following reasons:

01. The proposal, by reason of limited internal size of the flats and dwellinghouse, and limited size and position of the outdoor amenity space (particularly its relationship with other development) would result in cramped living conditions and lack useable amenity space for the family dwellinghouse would be contrary to the NPPF, emerging policy 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.

02. The proposed development fails to provide adequate information regarding the use of renewable energy resources which given the scale of the proposal could have a significant impact on design, the appearance, surrounding area and impact on adjacent Clifftown Conservation Area. This is contrary to the National Planning Policy Framework, Policy DM2 of DPD2, Policy KP2 of the Core Strategy 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 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
1. Please note that this application would be liable for a payment under the Community Infrastructure Levy Regulations 2010 (as amended) if planning permission had been granted. Therefore if an appeal is lodged and subsequently allowed, the CIL liability will be applied.


(f) Milton Ward
15/00858/BC4
Use shelter as café (class A3), erect refuse and plant room to side, construct underground service trench for ventilation system to rear of building, alter elevations and erect railing to southern boundary and layout hard and soft landscaping (Amended Proposal) (Part Retrospective)
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 PO1M, PO2M, PO3M, PO4M

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 grilles to the roof of the duct and to the end shall be metal powder coated or painted black unless otherwise agreed in writing with 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 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 by customers or patrons, in connection with the use hereby approved, 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. Within 6 months of the date of this permission, separate stores for waste and materials for recycling must be provided as shown on drawing Proposed Plan PO3M unless otherwise agreed in writing with the Local Planning Authority. 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 and Townscape Guide).

11. Notwithstanding the approved plans, within 6 months of the date of this permission, details of the siting and appearance of the air conditioning units shall be submitted to and approved in writing by the local planning authority. The air conditioning units shall then be installed within 1 month of the details being approved and only in accordance with the approved details.

Reason: In the interests of the visual amenity taking account of the Shelter being a locally listed building within The Leas Conservation Area pursuant o the NPPF, policy CP4 of the Core Strategy, policy C4 of the Borough Local Plan and the Design and 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.

07. The applicant is advised that the air conditioning units on the west side of the building have been installed at a high level without the benefit of planning permission and should be recited in the approved location.

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.


(g) Thorpe Ward
14/01649/FUL
Erect two storey and first floor rear extensions to form rear entrance and Spa facilities with terrace to front
Roslin Hotel, Thorpe Esplanade, Thorpe Bay, Essex, SS1 3BG
Mr N Gould
BDA

Mr Peddie, a local resident, spoke as an objector to the application. Mrs Dallimore, responded on behalf of the applicant.

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.

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: 15.121/02; 15.121/03; 15.121/04; 15.121/06; 15.121/07.

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

03. No development shall take place until details and 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 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).

04. 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.

05. 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 the hotel in the adoption and implementation of the travel plan, identifying sustainable transport modes including cycling and modes of public transport and identifying opportunities for off street staff parking 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 year the Travel Plan shall be monitored for 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 full 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).

06. The spa facility hereby approved shall not be open outside the following hours: - 0900 hours to 2200 hours Monday -Saturdays and 0900 to 1800 Sundays and Bank Holidays.

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).

07. Prior to occupation of the development hereby approved, details and the siting of 14 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).

08. The windows to the north elevation of the extension hereby approved at first floor level as indicated on drawing 15.121/03 shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level unless otherwise agreed in writing by the local planning authority. In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

Reason: To protect the privacy and environment of people in neighbouring residential properties, 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).

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.

(h) Leigh Ward
15/00740/FULH
Demolish existing garage and erect second floor to form a two storey dwelling, erect part single, part two storey rear extension incorporating garage to side and first floor front extension and porch to front elevation (Amended Proposal)
11 Cliffsea Grove, Leigh-on-Sea, Essex, SS9 1NG
Mr M Fulcher
Robin Duffy

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.

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: 14525/02(Rev. A); 14525/03(Rev. A); 14525/SK10 &14525/SK11.

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

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

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

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

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

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.


(i) Victoria Ward
14/01117/AMDT
Application for removal of condition 11 (details of energy efficiency) and condition 13 (public art) of planning permission 13/00618/FULM dated 10/09/2013
319 - 321 Sutton Road, Southend-on-Sea, SS2 5PF
UK Construction Ltd
Mr T. Hart, RG&P London

Planning permission GRANTED subject to the following conditions:

01. The development hereby permitted shall be carried out in accordance with the following approved plans: L4003/040, 041, 033A, 034B, 042, 043, 044.

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

02. The accommodation hereby approved shall only be used as supported housing. It must not be used for any other purpose, including any within Class C2 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: To ensure that the accommodation is used for the specified purpose only, and to ensure future compliance with policies KP2, KP3 and CP4 of the Core Strategy and policies C11, H5, H8, T11, T12 and U2 of the Borough Local Plan

03. The materials to be used on the external elevations of the building and hardsurfaced areas shall be carried out in accordance with the following drawings: Side & Rear Elevations dated 11-02-2014, Side & Front Elevations dated 11-02-2014 and the sample of 'All About Bricks' Red Multi Stock (as agreed under approval of details application 13/01630/AD).

Reason: To safeguard the character and visual amenities of the area, Policies KP2 and CP4 of DPD1 (Core Strategy) and Policy C11 of the Southend on Sea Borough Local Plan and the Design and Townscape Guide SPD1.

04. The proposed landscape works shall be carried out in accordance with drawing AE1323-01 (as agreed under approval of details application 13/01630/AD).

Reason: To ensure a satisfactory standard of landscaping and circulation, pursuant to policies C14 and T8 of the Southend-on-Sea Borough Local Plan and CP4 of the Core Strategy.

05. The parking layout shall be carried out in accordance with drawings titled Ground Floor GA Plan and Bin and Bicycle Storage (as agreed under approval of details application 13/01630/AD).

Reason: To ensure adequate provision for off-street parking and cycle storage in the interests of highway safety and efficiency, in accordance with policy CP3 of the Core Strategy and policy T11 of the Southend-on-Sea Borough Local Plan.

06. The surface of the access road to the side of the building shall be capable of sustaining a minimum load of 12.5 tonnes. Parking restrictions shall be provided to the access road prior to the first occupation of the building.

Reason: To ensure satisfactory fire vehicle access to the site in the interest of amenity of future occupiers and highway safety in accordance with policies C11, H5, T8 and T12 of the Southend-on-Sea Borough Local Plan.

07. Prior to the first occupation of the development, details of a scheme to protect residents against road traffic noise shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out as approved unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of the amenity of future residents in accordance with policies H5 and H8 of the Borough Local Plan.

08. The noise omitted from the plant room shall be at least 5db(A) below the prevailing background at 3.5m from the ground floor facades and 1m from all other facades of the nearest property. There shall be no tonal or impulsive characteristics.

Reason: In the interest of amenity of future and nearby residents and general environmental quality from the intrusion of noise (including tonal and impulsive sounds) in accordance with policies KP2 and CP4 of the Core Strategy and policies C11 and H5 of the Borough Local Plan.

09. Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays and not at any time on Sundays or Bank Holidays.

Reason: To maintain the character of the area and amenities of nearby occupiers in accordance with policies H5 and C11 of the Southend-on-Sea Borough Local Plan.
111 Enforcement of Planning Control
Business for item 111
(a) Westborough Ward
EN/15/00078/UNAU_B
Without planning permission installation of external balcony and staircase
10A Westminster Drive, Westcliff on Sea Essex

Resolved: That ENFORCEMENT ACTION be AUTHORISED for the removal of the unauthorised external balcony and staircase at the rear. This is because of its unsympathetic design, and because it causes overlooking and an overbearing and oppressive impact on neighbouring properties, to the detriment of residential amenity, contrary to the NPPF, policy C11 of the Borough Local Plan, policies KP2 and CP4 of the Core Strategy, policy DM1 of the emerging Development Management DPD and advice contained within the Design and Townscape Guide (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. It is considered that a three months compliance period is reasonable in these circumstances.


(b) Leigh Ward
EN/12/00236/UNAU_C
Without planning permission clad shopfront with plastic foliage
149 Leigh Road, Leigh on Sea Essex

Resolved: That NO FURTHER ACTION be taken in respect of this matter.

(c) Thorpe Ward
EN/15/00178/UNAU_B
Without planning permission installation of a trellis fence
165 Eastern Esplanade, Southend-on-Sea, Essex

Resolved: That ENFORCEMENT ACTION be AUTHORISED to remove the trellis on the grounds that by reason of its siting, rearward projection beyond the original dwellinghouse and height results in an incongruous addition to the existing building, is overbearing to the immediate neighbours at Conway Court 164 Eastern Esplanade and is a harmful addition to the detriment of the character and of the streetscene contrary to the National Planning Policy Framework, policy DM1 of DPD2, Policies KP2 and CP4 of the Core Strategy and Policies C11 and H5 of the Southend on Sea Borough Local Plan and the advice contained within the adopted Design and Townscape Guide (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. It is considered that a one month compliance period is reasonable in these circumstances.
112 Exclusion of the Public.
 Resolved:

That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded for the item of business set out below on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Part II(Confidential)
113 Report on Planning Application
  • (Attachment: 6)Report of Corporate Director for Place
Business for item 113
Resolved:

That the third reason for refusal of the above application not be contested at appeal in relation to insufficient on-site parking provision.
2.00 p.m./5.30 p.m.

Attendance Details

Present:
Councillor A Crystall (Chairman)
Councillors M Assenheim (Vice-Chairman), B Ayling, M L Borton, T Callaghan, N J Folkard, D A Garston, J M Garston*, R E Hadley, A P Jones*, J L Lamb*, J McMahon, L P Salter, P R Van Looy, C W Walker, N D Ward and F Waterworth*
(*Substitute in accordance with Council Procedure Rule 31)
In attendance:
Councillors M Betson and J Moyies
J K Williams, P Geraghty, D Hermitage, P McIntosh, J Argent, T Row

Business

ItemBusiness
110The Committee received reports of the Corporate Director for Place which reported on applications which had been deposited with the Council.
111The Committee received a report of the Corporate Director for Place which reported on alleged breach of planning control.
113Blenheim Park Ward
14/01052/FULM (PINS Appeal ref: 3030441)
Demolition of vacant car showroom and workshops, erect four storey building with retail (class A1) at ground floor level, and 31 No retirement apartments above, parking, access, and landscape deck (Amended Proposal)
Toomey Nissan, 831-837 London Road, Westcliff-on-Sea, SS0 9TE
Mr J. Brook
Mr C. Green, Town Planning Services

 

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