Apologies for absence were received from Councillor Evans (Substitute: Councillor Buckley).

The following interests were declared at the meeting:

(a)  Councillor Ayling – Agenda Item No. 7 – 16/01256/FUL - 23 Blenheim Crescent, Leigh-on-Sea, SS9 3DT – Non-pecuniary interest: Knows the applicant;

(b)  Councillor Arscott – Agenda Item No. 17 – 16/01661/FULH - 54 Glenbervie Drive, Leigh-on-Sea – Disqualifying non-pecuniary interest: Resident of Glenbervie Drive (withdrew);

(c)  Councillor Assenheim – Agenda Item No. 7 – 16/01256/FUL - 23 Blenheim Crescent, Leigh-on-Sea, SS9 3DT – Non-pecuniary interest: Knows the applicant;

(d)  Councillor Buckley – Agenda Item No. 12 – 16/02060/TPO - Land at Junction of Prince Avenue A127 and Rochford Road, Westcliff on Sea – Non-pecuniary interest: Ward Councillor;

(e)  Councillor D Garston – Agenda Item No. 7 – 16/01256/FUL - 23 Blenheim Crescent, Leigh-on-Sea, SS9 3DT – Non-pecuniary interest: Applicant is known to him;

(f)  Councillor Mulroney – Agenda Item No. 7 – 16/01256/FUL - 23 Blenheim Crescent, Leigh-on-Sea, SS9 3DT – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

(g) Councillor Mulroney – Agenda Item No. 10 – 16/01572/FUL - The Sarah Moore Public House, 57-59 Elm Road, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

(h)  Councillor Mulroney – Agenda Item No. 15 – 16/01693/FUL - 104 Salisbury Road, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

(i)  Councillor Mulroney – Agenda Item No. 17 – 16/01661/FULH - 54 Glenbervie Drive, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

(j)  Councillor Terry – Agenda Item No. 4 – 16/01580/FUL - Roslin Hotel, Thorpe Esplanade, Thorpe Bay, Southend-on-Sea, SS1 3BG – Non-pecuniary interest:  Knows the applicant through the Southend Business & Tourism Partnership;

(k)  Councillor Terry – Agenda Item No. 5 – 16/01757/FUL - 10 Clieveden Road, Thorpe Bay, Southend-on-Sea, SS1 3BL – Non-pecuniary interest:  Knows the applicant through the Southend Business & Tourism Partnership;

(l)  Councillor Van Looy – Agenda Item No. 7 – 16/01256/FUL - 23 Blenheim Crescent, Leigh-on-Sea, SS9 3DT – Non-pecuniary interest: Applicant is known to him;

(m)  Councillor Walker – Agenda Item No. 4 – 16/01580/FUL - Roslin Hotel, Thorpe Esplanade, Thorpe Bay, Southend-on-Sea, SS1 3BG – Non-pecuniary interest: Applicants supported charity during his Mayoralty;

(n)  Councillor Walker – Agenda Item No. 5 – 16/01757/FUL - 10 Clieveden Road, Thorpe Bay, Southend-on-Sea, SS1 3BL – Non-pecuniary interest:  Applicants supported charity during his Mayoralty;

(o)  Councillor Walker – Agenda Item No. 10 – 16/01572/FUL - The Sarah Moore Public House, 57-59 Elm Road, Leigh-on-Sea – Non-pecuniary interest: Applicant is known to him and has spoken with him regarding the application (Councillor Walker remained in the room but took no part in the debate or voting thereon);

Note:  All Councillors declared a non-pecuniary interest in respect of Agenda Item No. 18 -16/01772/FULH - 20 Chadwick Road, Westcliff-on-Sea on the basis that a fellow Councillor resided in the street.

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

Proposal:  Erect ground floor extensions to the front elevation, extend and alter existing front porch incorporating revolving door and alterations to front entrance steps

Applicant:  Roslin Beach Hotel

Agent:  APS Design Associates

Mrs Kindley, a local resident, spoke as an objector the application.  Mrs Dallimore responded on behalf of the Applicants.

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: 01b; 08; 09; 10; 07.

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, including balustrade. 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 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) policy DM1 and SPD1 (Design and Townscape Guide).

04  The development hereby approved shall not be occupied until detailed cycle for 20 cycles storage including siting have been submitted to and approved by the local planning authority, as installed and remain in situ thereafter.

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

05  Sixty two (62) parking spaces shall be retained on site as shown on drawing 01b.  These parking spaces shall be permanently retained for the parking of staff and visitors to the Roslin Hotel.

Reason: To ensure that adequate car parking is retained to serve the development in accordance with Policies DM15 of the Council’s Development Management DPD and CP3 of the Core Strategy DPD1.

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

Informative

You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as  ...  view the full minutes text for item 527.

Proposal:  Change of use of residential dwelling (Class C3) into 7 hotel rooms ancillary to existing Roslin Hotel (Class C1)

Applicant:  Mrs J Dallimore

Agent:  APS Design Associates Ltd.

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

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: 01b; 02b; 11; 10.

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

03  The premises shall be used to provide sleeping accommodation for hotel guests and staff ancillary to the Roslin Hotel and for no other purpose.

Reason: To safeguard the character and amenities of the area and to protect the amenities of adjoining residential properties in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2, DPD2 (Development Management Document) policy DM1 and SPD1 (Design and Townscape Guide). 

04  The development hereby approved shall not be occupied until detailed cycle for 21 cycles storage including siting have been submitted to and approved by the local planning authority, as installed and remain in situ thereafter.

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

05  External lighting shall be directed, sited and screened so as not to cause detrimental intrusion of light into residential property. Prior to installation of external lighting an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the amenities of the occupiers and adjacent residential occupiers in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Policies DM1 and DM8 of the Development Management DPD2 and SPD1 (Design and Townscape Guide).

06  Details of any plant equipment to be installed shall be submitted to and agreed in writing by the local planning authority including an acoustic report to ensure protection 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.

Reason: To protect the amenities of future hotel guests and adjacent residential occupiers in accordance with DPD1 (Core Strategy) policies KP2 and CP4, policy DM1 of the Development Management DPD2 and SPD1 (Design and Townscape Guide).

07  Construction hours restricted to 8am – 6pm Monday to Friday, 8am – 1pm Saturday and not at all on Sundays or  ...  view the full minutes text for item 528.

Proposal:  Change of use from offices (Class B1) to six dwellinghouses  (Class C3), alter front and rear elevations with balconies to rear, layout refuse, cycle storage and associated parking and amenity space to rear

Applicant:  The Garrison LLP

Agent:  Pomery Planning Consultants Ltd

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: 01 Revision B; 05 Revision B; 06 Revision B; 07 Revision B; 08 Revision B; 09 Revision B.

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

03  The development hereby approved shall be carried out in accordance with the Flood Risk Assessment prepared by Evans River and Costal, referenced 1567/RE/02-16/01-Revision C and dated May 2016.

Reason: To ensure the site is protected to the standard that the development is designed and modelled to within the submitted Flood Risk Assessment NPPF and policy KP2 of Core Strategy.

04  The development hereby permitted shall operate at all time in accordance with the 'Flood Response Plan' dated July 2016 reference 1567/RE/02-16/02 carried out by Evans Rivers and Coastal.

Reason: To ensure that the Flood Warning and Evacuation Plan meets with the requirements of the Environment Agency's Flood Warning Service, and is safe in the event of a flood in accordance with Policy KP2 of the Core Strategy DPD2

05  The development hereby permitted shall operate at all times in accordance with the 'Flood Evacuation and Warning Plan' received 22.09.2016 reference CC/1687.

Reason: To ensure that the Flood Warning and Evacuation Plan meets with the requirements of the Environment Agency's Flood Warning Service and is safe in the event of a flood in accordance with Policy KP2 of the Core Strategy DPD2.

06  No development shall take place until samples of the materials to be used on all the external elevations including windows, window frame, doors, bricks, balcony detailing including screens and canopies,  walls and fences, and on any external access way, driveway 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 Policy DM1 of the Development Management Document DPD2 and KP2 and CP4 of the Core Strategy.

07  No dwelling shall be first occupied until parking spaces to serve that dwelling have been laid out, together with properly constructed vehicular access to the adjoining highway. 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 DM15 of the Council’s Development Management DPD and CP3 of the Core Strategy DPD1.

08  Final glazing, acoustic insulation, plant equipment and ventilation details  ...  view the full minutes text for item 529.

Proposal:  Demolish existing dwelling and erect three attached two storey chalet bungalows, lay out parking at front and form vehicular access onto Blenheim Crescent

Applicant:  Mr M Miller

Agent:  SKArchitects

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

Planning permission REFUSED for the following reason:

01  The proposed development, by reason of its bulk, height, scale and proximity to the neighbouring dwelling, would result in a cramped form of development to the detriment of the character and appearance of the area and the amenities of neighbouring residents. This is contrary to the NPPF, policies CP4 of the Southend Core Strategy 2007, DM1 and DM3 of the Development Management DPD and guidance contained within the Design & Townscape Guide.

Informative

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

Proposal:  Demolish existing buildings, erect 3 storey block comprising of 44 flats, 252sq.m retail commercial floor space at ground floor, communal amenity space, landscaping, parking and associated works (Amended Proposal)

Applicant:  Dove Jeffrey Homes Ltd

Agent:  Phase 2 Planning & Development Limited

Mr Weedon, a local resident, spoke as an objector to the application.  Mr Calder, the Applicant’s Agent, responded.

(a)  DELEGATED to the Deputy Chief Executive (Place), 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:

•  A minimum of 9 units of affordable rented housing units (20% of overall provision) comprising 6.x1 bed and 3x2bed units.

•  Traffic Regulation Order contribution of £4,000

•  Public art provision/financial contribution (value and details to be agreed prior to first occupation)

•  Provision of Travel Packs for residents.

•  Retail Travel Plan. 

(b)  The Deputy Chief Executive (Place), 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  The development shall be carried out in accordance with the approved plans:  001, 200 P4, 201 P3; 202 P3; 203 P3; 204 P3; 205 P3; 206 P3; 207 P3; 208 P3 

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

03  No construction works above the floor slab level shall take place until samples of the materials to be used in the construction of the external elevations of the building hereby permitted, including balconies, balustrades, screening, fenestration, front porches and hoods have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the BLP and Policy DM1 of the Development Management DPD 2015

04  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.  These details shall include: proposed finished levels or contours; means of enclosure (including any gates to the car parks); car parking layouts;  other vehicle and pedestrian access and circulation areas;  hard surfacing materials;  minor artefacts and structures (eg. furniture, loggia, bollards, play equipment, refuse and other storage units, signs, lighting etc.) 

Details for the soft landscape works shall include the  ...  view the full minutes text for item 531.

Proposal:  Site 10 temporary portacabins for use as classrooms ancillary to the main school building (Retrospective)

Applicant:  Cecil Jones Academy

Agent:  Portakabin Limited

Planning Permission GRANTED subject to the following condition:

01  The buildings subject of the permission shall be removed within 78 weeks of the date of this permission or on completion of the repair works to the fire damaged classrooms (whichever is sooner) and the affected playing field area reinstated to playing field use. 

Reason: The application has only been made for permission for a temporary period and would be unacceptable on a permanent basis due to the loss of the playing field which is only acceptable in the particular circumstances of the application on a short term basis and should be reinstated upon completion of the main school building works.

Informatives

01 You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero due to the specific nature of the use.

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.

Proposal:  Erect two storey roof extension comprising of six self-contained flats with balconies, relocate extraction flue, erect refuse and cycle stores and alter elevations (Amended Proposal).

Applicant:  Mr M. Thornton (Stronghold Estates)

Agent:  BGA Architects

DEFERRED

(Councillors D Garston and Walker took no part in the voting on this item.)

Proposal:  Erect conservatory to rear of existing after school club building.

Applicant:  Bournes Green Infant School

Agent:  Mr Nick Kenney

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:  BG/NAK/01 and Site Location plan.

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

03.  Unless otherwise agreed in writing with the local planning authority, the development hereby permitted shall be constructed entirely of the materials that are shown on the plans hereby approved.

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, DPD2 (Development Management) policy DM1, and SPD1 (Design and Townscape Guide). 

04.  Amplified music shall not be played at any time in the development hereby permitted.

Reason:  In the interests of the protection of the amenity of neighbouring residents  This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policies KP2 and CP4 and DPD2 (Development Management Document) policy DM1. 

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

Informative

You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.

Proposal:  Fell 38 poplar trees (Application for works to trees covered by a tree preservation order)

Applicant:  Southend-on-Sea Borough Council

Mr Goodridge, a local resident, spoke as an objector to the application.  Mr Brown responded on behalf of the Applicants.

DELEGATED to the Deputy Chief Executive (Place), Head of Planning and Transport or the Group Manager Development Control and Building Control to GRANT CONSENT for 16/02060/TPO following the expiration of the public consultation period subject to the following conditions:

01  The works covered by this consent must be begun not later than the expiration of two years beginning with the date of this consent.

Reason: To enable the circumstances to be reviewed at the expiration of the period if the consent has not been implemented, in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) Policy KP2 and CP4, Development Management Policy DM1 and SPD1 (Design and Townscape Guide).

02  The replacement tree planting scheme shall be that shown on ‘Plan for Tree Planting – Bell Walk, Prince Avenue’ which shows twenty replacement trees (10 tulip trees (Liriodendron tulipifera) and 10 Acer trees (Acer freemannii) of 10-12cm 45L container size) to be planted in this area (8 on Rochford Road and 12 on Prince Avenue) within the 2016/2017 planting season unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of visual amenity in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) policy KP2 and CP4, Development Management Policy DM1 and SPD1 (Design and Townscape Guide).

03  The works shall be carried out in accordance with BS 3998 (2010) by a suitably qualified person.

Reason: In the interests of visual amenity in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) policy KP2 and CP4, Development Management Policy DM1 and SPD1 (Design and Townscape Guide).

04  Within 6 months of the removal of first tree hereby given consent, details of a boundary hedge to the southern and eastern boundaries with the highway shall be submitted to and approved in writing by the Local Planning Authority. The hedge shall thereafter be planted within the next planting season or other time to be first agreed in writing by the Local Planning Authority.

Reason: In the interests of general amenities in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) policy KP2 and CP4, Development Management Policy DM1 and SPD1 (Design and Townscape Guide).

Informative

01  The applicant is advised that the traffic management issues related to the proposed works will need to be agreed with the Highways Section prior to commencement.

02  It is strongly recommended that air quality of the area be monitored given that the site is located within an Air Quality Management Area (AQMA).

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  ...  view the full minutes text for item 535.

Proposal:  Remove existing tower and install 9m replacement tower with multi band antenna, associated cabinet and upgrade works (amended proposal)

Applicant:  EE LTD & Hutchinson 3G UK LTD

Agent:  Mr D. Hosker, WHP

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: SOS022-01 Issue I, SOS022-02 Issue I, SOS022-03 Issue I, SOS022-04 Issue I, SOS022-05 Issue I.

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

Proposal:  Change of use from offices (Class B1) to six dwellinghouses  (Class C3), alter front and rear elevations with balconies to rear, layout refuse, cycle storage and associated parking and amenity space to rear

Applicant:  The Garrison LLP

Agent:  Pomery Planning Consultants Ltd

WITHDRAWN

Proposal:  Demolish existing dwellinghouses at 104 - 106 Salisbury Road, erect three dwellinghouses with garages to rear and alter existing vehicular crossovers onto Salisbury Road (Amended Proposal)

Applicant:  Mr D. MacDonald

Agent:  Mr G. Coxall (Third Dimension Arch. Design Ltd)

Mr Colyer, a local resident, spoke as an objector to the application.  Mr Coxall, the Applicant’s Agent responded.

DEFERRED (PMSV)

Proposal:  Erect single storey side extension, hipped to gable roof extension, dormer and porch to front, extend rear dormer, form layout parking and vehicular access on to Glenbervie Drive

Applicant:  Mr M. Parsons

Agent:  Mr D. Perry (Stone Me! Design)

Planning Permission REFUSED for the following reason:

01  The proposed side extension, hip to gable roof extension, rear and front dormer windows would, by reason of their design, size, bulk and siting represent discordant, incongruous and overly dominant features which are detrimental to the character and appearance of the host property and the area more widely. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework; Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015); and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

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

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

Proposal:  Raise roof height to form habitable accommodation in roof, dormer to rear and alterations to front, side and rear elevations (Amended Proposal)

Applicant:  Mr & Mrs Hall

Agent:  Knight Gratrix Architects

Mr Richardson, a local resident, spoke as an objector to the application.  Mr Hall, the Applicant, responded.

DEFERRED (PMSV)

Proposal:  Erect part single/part two storey rear extension with Juliette balcony to first floor, alter elevations and relocate existing outdoor swimming pool (amended proposal)

Applicant:  Mr & Mrs Cachia

Agent:  Mr J. Collinson, New World Designers Ltd

Planning permission REFUSED for the following reason:

01. The proposed development would cause an unacceptable sense of enclosure and loss of natural light at the rear of no. 18 Chadwick Road, contrary to the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy and Policy DM1 of the Development Management Document.

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.

Breach of Control:  Without planning permission, the installation of a raised platform and external staircase to the rear.

The Committee considered a report by the Deputy Chief Executive (Place) which reported on an alleged breach of planning control.

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure the removal of the external raised platform and staircase on the grounds that the unauthorised development is detrimental to the amenities and character of the area by reason of unsightliness and its potential to enable overlooking resulting in the loss of privacy of the occupiers of adjacent residential properties and that it is detrimental to the residential amenities of the ground floor flat by reason of its  oppressive impact resulting in a loss of outlook by overshadowing the bedroom window and has the potential to afford any users views into the room contrary to the NPPF, Policies CP4 and KP2 of the Core Strategy DPD1, Policies DM1 and DM3 of the Development Management Document DPD2 and the Design & Townscape Guide. 

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

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance.  In this case the necessary remedial works would be easily achievable so a compliance period of 28 days is considered reasonable.

Breach of Control:  The carrying out of various internal and external works to a listed building, operational development and engineering operations which constitute development, without the necessary planning permission and listed building consents being obtained. The removal of trees in a conservation area without serving an appropriate Section 211 notice.

The Chairman agreed that this item be considered at this meeting as an urgent additional item on the grounds that the unauthorised works have caused serious harm to heritage assets. It is considered important that prompt action is taken against these significant breaches of listed building and planning controls.

The Committee considered a report by the Deputy Chief Executive (Place) which reported on an alleged breach of planning control.

Resolved: 

1.  That ENFORCEMENT ACTION be AUTHORISED in respect of the breaches of planning and listed building controls identified as harmful in sections a) to g) (inclusive) of paragraph 4.9 of this report to secure their removal, making good, remediation or construction in full compliance with the terms of the planning permissions and listed building consents granted at the site in 2016 (as set out in Appendix 1 of this report) as appropriate. That ENFORCEMENT ACTION BE AUTHORISED to secure the planting of new trees of an appropriate size and species and in appropriate locations to replace the trees felled at the site without the appropriate notice being served (as identified in paragraph 4.9 h) of this report). It is considered reasonable, expedient, proportionate and in the public interest to pursue enforcement action for the reasons and in the ways set out in this report.

The authorised enforcement action to include (if and as necessary) the service of Listed Building Enforcement Notices under the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended), Planning Enforcement Notices under the Town and Country Planning Act 1990 (as amended) and Notices requiring the planting of trees to replace those removed without the service of an appropriate notice (under Section 211 of the Town and Country Planning Act (1990) as amended) and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of these Notices.

When serving a Planning or Listed Building Enforcement Notice or a Notice requiring replacement trees to be planted the Local Planning authority must ensure a reasonable time for compliance. In this case the necessary remedial works would be extensive and so a compliance period of 3 months is considered reasonable.

2. That officers be AUTHORISED to  INVESITIGATE AND, WHERE THIS IS FOUND TO BE APPROPRIATE, PURSUE PROSECUTIONS for the carrying out of work, or causing works to be undertaken, to the listed building at the site without the necessary (where this work has materially affected its character as a building of special historic or architectural interest) listed building consent and the cutting down and wilful damaging of trees in a Conservation Area without the serving of the necessary notice on the Local Planning Authority.