Apologies for absence were received from Councillors J Garston (Substitute: Councillor Butler), Norman MBE (no substitute) and Ward (no substitute).

The following interests were declared at the meeting:

(a)  Councillor Arscott – Agenda Item No. 4  (17/01361/TPO - Haydon House, 10 Underwood Square, Leigh on Sea) – Non-pecuniary interest: Applicant and objectors are known to him;

(b)  Councillor Folkard – Agenda Item No. 6 (17/00219/FUL - 135 Ness Road, Shoeburyness) – Non pecuniary interest: Applicants are known to him;

(c)  Councillor Mulroney – Agenda Item Nos. 4 (17/01361/TPO - Haydon House, 10 Underwood Square, Leigh on Sea) and 5 (16/01756/FULM - Car Wash, 120 Broadway, Leigh on Sea) – Non-pecuniary interest: Member of Leigh Town Council and Leigh Society (non-participant in planning);

(d)  Councillor Mulroney – Agenda Item 7 (17/01121/FUL - Oak House, 77 Wimborne Road, Southend on Sea) – Non pecuniary interest: Applicants are known to her; and

(e)  Councillor Walker – Agenda Item No. 4 (17/01361/TPO - Haydon House, 10 Underwood Square, Leigh on Sea) – Non-pecuniary interest: Friends live in Underwood Square and Lime Avenue.

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:  Crown lift, prune and removal of deadwood to various oak trees (works covered by a tree preservation order)

Applicant:  Mr Newton

Agent:  DF Clark Bionomique Limited

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

Resolved:  That consent for the work be GRANTED subject to following conditions:

01  The works covered by this permission shall begin no later than two years from 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 the interests of Policy DM1 of the Development Management Document (2015).

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

Reason:  In the interests of visual amenity and to protect the tree, pursuant to Policy DM1 of the Development Management Document (2015).

03  The pruning works to the Oak tree T-14 must only include reduction of 2 main limbs over garden at approximately 7m and 7.5m from ground level by approximately 3m to suitable growing points and crown lift to 6m.

Reason: In the interests of visual amenity and to protect the tree, pursuant to policies KP2 and CP4 of the Core Strategy (2007), policies  DM1 and DM3 of the Development Management Document (2015).

04  The pruning works to the Oak tree T-15 must only include reduce crown on east side by 3m, crown lift to 6m.  The reduction of the west side by 3m is not permitted by this consent.

Reason: In the interests of visual amenity and to protect the tree, pursuant to policies KP2 and CP4 of the Core Strategy (2007), policies DM1 and DM3 of the Development Management Document (2015).

05  The pruning works to Oak tree T16 must only include reduction of the lowest limb over the garden by approximately 3m and reduce the 2 lowest limbs in line with each other.

Reason: In the interests of visual amenity and to protect the tree, pursuant to policies KP2 and CP4 of the Core Strategy (2007), policies DM1 and DM3 of the Development Management Document (2015).

06  The pruning works to Oak tree T17 must only include the reduction of the crown by 2m over the garden to a height of 8m-9m, balancing into the upper crown and removing epicormic growth.

Reason: In the interests of visual amenity and to protect the tree, pursuant to policies KP2 and CP4 of the Core Strategy, policies DM1 and DM3 of the Development Management Document.

07  The pruning works to Oak tree T18 must only include a crown lift by removing lowest sub lateral over the garden on the south and south east side, shaping the back crown over the garden by 1.5m -2 m up to a height of approx. 7m-8m. The reduction of the sides by 3m is not permitted by this consent.

Reason: In the interests of visual amenity and to protect the tree, pursuant to policies KP2 and CP4 of the Core Strategy  ...  view the full minutes text for item 342.

Proposal:  Demolish existing buildings and erect 20 self-contained flats with balconies and terraces, 445sq.m of commercial floorspace, basement parking, public realm enhancements, associated works and install new vehicular access onto Victor Drive to 114-120 Broadway

Applicant:  Mr L. Panormo, Plaistow Broadway Filling Stations

Agent:  Mr M. Calder, Phase 2 Planning and Development

Resolved:  That planning permission is REFUSED for the following reasons:

01  The submission does not include a formal undertaking to secure an appropriate contribution to affordable housing provision to meet the demand for such housing in the area despite it having been found financially viable for the development proposed to make such a contribution. The application is therefore unacceptable and contrary to the National Planning Policy Framework; Strategic Objective SO7, and policies KP3 and CP8 of the Core Strategy (2007); and the advice contained within Supplementary Planning Document 2 Planning Obligations (2015).

02  The submission does not include a formal undertaking to secure an appropriate financial contribution to the provision of education facilities in the borough, to mitigate the demand for such facilities generated by the development proposed. The application is therefore unacceptable and contrary to the National Planning Policy Framework; Strategic Objective SO13, and Policies KP2, KP3 and CP6 of the Core Strategy (2007), and the advice contained within Supplementary Planning Document 2 Planning Obligations (2015).

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. Any revised application would also be CIL liable.

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.  Unfortunately, it has not been possible to resolve those matters within the timescale allocated for the determination of this planning application and therefore, the proposal is not considered to be sustainable development. However, the Local Planning Authority has clearly set out, within its report, the steps necessary to remedy the harm identified within the reasons for refusal - which may lead to the submission of a more acceptable proposal in the future.  The Local Planning Authority is willing to provide pre-application advice in respect of any future application for a revised development.

Proposal:  Erect six detached two storey dwelling houses and two detached garages, retain the existing dwelling, erect boundary wall, form vehicular access on to Ness Road

Applicant:  Mr and Mrs Gillies

Resolved:  That planning permission is GRANTED subject to the following conditions:

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

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

02  The development shall be carried out in accordance with the approved plans: 9369/LP/01; 9369/DR/01; 9369/E/01; 9369/ES/01; 9369/GA/01; 9369/LP/01; 9369/P/01 Revision F; 9369/PL02 Revision B; 9369/PL/03 Revision B; 9369/PL/04 Revision B; 9369/PL/05 Revision B; 9369/PL/06 Revision B; 9369/PL07 Revision B, 9368/SL/01 Revision A.

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 carried out by AGB Environmental (5th June 2017 reference: P2653.2.1) and drawing 9368/SL/01 Revision A.

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

04  Once occupied the development hereby permitted shall operate at all time in accordance with the reference Flood Evacuation and Warning Plan carried out by Stone Frigate dated April 2017 submitted with this application.

Reason: To ensure that the Flood Warning and Evacuation Plan meets with the requirements of the Environment Agency's Flood Warning Service.

05  Unless otherwise agreed in writing with the local planning authority, the development hereby permitted shall be constructed entirely of the materials details of which are shown on the plans and Developers Specification dated 14.09.2017 (reference 9369) hereby approved.

Reason: To safeguard character and appearance of surrounding area in accordance with Policy DM1 of the Development Management Document and KP2 and CP4 of the Core Strategy.

06  The development shall not be occupied until garages and car parking spaces have been provided at the site in accordance with drawing 9369/P/01 Revision F, together with properly constructed vehicular accesses to the adjoining highway, all in accordance with the approved plans.  The parking spaces shall be permanently retained thereafter for the parking of occupiers of and visitors to the development.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with policy CP3 of the Core Strategy (2007) and policy DM15 of the Council’s Development Management Document (2015).

07  Prior to occupation of the proposed development the lower half of the first floor and second windows in the flank elevations of the plots 2 and 7 hereby approved shall 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). In the case of multiple or double glazed units at least one layer of glass  ...  view the full minutes text for item 344.

Proposal:  Erect single storey detached classroom to rear (Class D1), with canopy to the front and rear, decking with balustrade to the front

Applicant:  Oakhouse Montessori

Agent:  Knight Gratrix Architects

Resolved:  That planning permission is 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: 010 Revision D, 011 Revision B.

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

03  The development hereby permitted shall be used for purposes in connection with the existing nursery including any other use permitted under the General Permitted Development Order (2015) (as amended) or Use Class Order (2015 (as amended) and no other use within Class D1.

Reason: To safeguard the amenities of adjoining residents, in accordance with policies KP2 and CP4 of the Core Strategy, policies DM1 and DM3 of the Development Management Document and the Design and Townscape Guide.

04  The nursery shall not be open for use outside the hours of 07:00 to 19:00 hours Monday to Friday and shall not be open for use on Saturdays, Sundays or Bank Holidays.

Reason: To protect the residential amenity of surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework, policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

05  No development shall take place until samples of the materials to be used on all the external elevations, including walls, roof, decking, balustrade, windows and doors 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 the National Planning Policy Framework Policies KP2 and CP4 of the Core Strategy 2007 and policies DM1 and DM3 of the Development Management 2015 and the advice contained within the Design and Townscape Guide 2009.

06  Prior to first use of the development hereby approved a Travel Plan shall be submitted to and agreed in writing by the local planning authority, and The Travel Plan shall be implemented in full accordance with the approved details from the first occupation of the development. At the end of the first and third years’ operation of the development hereby approved, reports 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 thereafter 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,  ...  view the full minutes text for item 345.

Proposal:  Part demolish existing building, extend front elevation, alter elevations, change of use to a café (Class A3) and internal layout to form new kiosk with bin store to side

Applicant:  Mr and Mrs Grant

Agent:  Stone Me Limited

Resolved:  That planning permission is 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 1700-03; 1700-01; 1700-04A; 1700-02A; 1700-06; 1700-07, 1700-08B; 1700-09A

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

03  Notwithstanding the details shown on the plans submitted, 1700-08B; 1700-09A submitted otherwise hereby, approved the development hereby permitted shall not commence other than for groundworks and site preparation works unless and until details and appropriately sized samples of the materials to be used for all the external surfaces of the proposal, roller shutters and display board have been submitted to and approved in writing by the Local Planning Authority.

The development hereby permitted shall be implemented in full accordance with the details and samples approved under this condition before it is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy 2007 and policies DM1 and DM3 of the Development Management Document 2015 and the advice contained within the Design and Townscape Guide 2009.

04  The development hereby permitted shall be carried out in accordance with the mitigation measures set out in the Flood Risk Assessment carried out by Richard Jackson Engineering Consultants dated August 2017 reference 48330.

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

05  The development hereby permitted shall be carried out in accordance with the supporting information received on the 9th August 2017 detailing how the front server of the kiosk will be removed for on-going maintenance of the flood defence as set out on drawings 1700-06 and 1700-07. Notwithstanding the above: The kiosk operator shall be responsible for removing the counter, the fibreglass arch and the floor section, when the Council requires reasonable access for maintenance of the wall.  Nonetheless they should have a simple and quick removal method for these structures in case the Council’s contractor requires access, in which event neither the contractor nor the Council shall be liable for storing them or for any damage to them.

Reason: To ensure the site is protected to the standard that the development is designed and modelled to within the submitted Flood Risk Assessment and access to the sea wall pursuant to the National Planning Policy Framework and policy KP2 of Core Strategy.

06  ...  view the full minutes text for item 346.

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

Applicant:  Mr J. Brook, Laindon Holdings Limited

Agent:  Mr C. Green, Town Planning Services

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

Resolved:  That consideration of the application be DEFERRED.

Variously known as 3 Burdett Road, 58 Burdett Road, and rear of 1 Burnaby Road or Land to rear of ‘Smithys’ Public House, Eastern Esplanade, Southend.

Breaches of Control:  Without planning permission, conversion of a storage building ancillary to a public house to create three self-contained residential units (Class C3 use) together with material changes to the external appearance of the premises

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) the cessation of the residential use;

(b) the removal of the domestic doors and windows from the front elevation and removal of internal fixtures and fittings serving the residential use to include kitchen units, showers, domestic appliances and domestic furniture;

(c) the cessation of the use of the part of the yard area used for associated residential parking; and

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

The unauthorised development is considered detrimental to the character and visual amenity of the area by reason of its contrived and cramped domestic design. The properties lies within flood zones 2 and 3 and there is no evidence that the risk of flooding has or can be satisfactorily mitigated. The proposal also provides inadequate amenity for future occupiers. The unauthorised development conflicts with Policies CP4, KP1 and KP2 of the Southend-on-Sea Core Strategy, Policies DM1, DM3, DM6 and DM8 and DM15 of the Southend-on-Sea Development Management Document and the advice contained within the Council’s Design and Townscape Guide. 

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, up to 3 separate families may need to find alternative accommodation.  A compliance period of 3 months is deemed reasonable for this to be completed. In respect of the physical conversion of the property 3 months is also considered a reasonable time to return the property to its former condition (with the exception of the retained new roof which is not proposed for enforcement). In the event that the invalid planning application is satisfactorily validated following receipt of the necessary information this would be considered and determined on its merits having regard to all of the planning considerations raised.