Apologies for absence were received from Councillors M Butler (Substitute: Cllr Arscott) and N Ward.

The following interests were declared at the meeting:

(a)  Councillor Evans – 16/00154/FUL – Non-pecuniary interest: A Governor of the school is a personal friend;

(b)  Councillor Hadley – 15/02092/FUL – Disqualifying non-pecuniary interest: Director of the company who sold the land to the developer (withdrew);

(c)  Councillor Van Looy – 16/00073/FUL – Non-pecuniary interest: Family live in the road;

(d)  Councillor Van Looy – 15/02084/FUL – Non-pecuniary interest: Has used the restaurant;

(e)  Councillor Van Looy – 16/00204/FULM – Disqualifying non-pecuniary interest: Knows the developer (withdrew); and

(f)  Councillor Walker – 16/00343/AMDT – Non-pecuniary interest: Applicant is known to him through a mutual friend.

Prior to the commencement of the consideration items of business on the Agenda on Councillor Walker made the following statement:

I refer to the comments which I made during the course of a meeting of the Development Control Committee on 3rd February 2016 relating to a Daylight and Sunlight Study prepared by Right of Light Consulting Limited. It has been drawn to my attention that my comments may have been interpreted as intending to question the professional competence or reliability of the study.

I would like to make clear that this was not my intention. I have no reason to doubt the competence or reliability of the relevant document and if, contrary to my intention, this was the impression given then I unreservedly withdraw my comments and apologise to Right of Light Consulting Limited for any offence or embarrassment caused.

My intention was simply to highlight the frustration which I feel on occasions when faced with conflicting expert evidence, or expert evidence which contradicts the advice we have received from our professional officers. This can make it very difficult for those like me without technical expertise to be sure that we are making decisions based on the correct technical information. I appreciate that I should not have voiced these general concerns in the context of a specific study which did not create this conflict.

Councillor Walker added that he had sent a copy of this apology to the local press and had requested that a copy of it be published.

Report of Corporate Director for Place

(a) Leigh Ward

16/00073/FUL

Demolish existing garage and erect 4 dwellinghouses with balconies to rear, layout amenity space, parking and form new vehicular access onto Laurel Close

9 Hadleigh Road, Leigh-on-Sea, Essex, SS9 2DY

Mr Frank Ebdon

SK Architects

Planning Permission REFUSED for the following reasons:

01  The proposed development by reason of the size, siting, layout, height and detailed design of the proposed dwellings would appear incongruous and out of keeping within the streetscene and Leigh Conservation Area to the detriment of the character and appearance of the area contrary to the National Planning Policy Framework; Policies KP2 and CP4 of the Core Strategy; Policies DM1, DM3 and DM5 of the Development Management Document DPD2 and advice contained within the adopted Design and Townscape Guide (SPD1).

02  The proposed development by reason of its height, position and fenestration detail in relation to neighbouring properties in New Road and Hadleigh Road would result in an overbearing form of development, unreasonable sense of enclosure and loss of privacy through unmitigated overlooking to the detriment of the amenities of occupiers properties in New Road and Hadleigh Road contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Core Strategy, policy DM1 of Development Management Document DPD2, and the Design and Townscape Guide.

03  The proposed development, by reason of insufficient provision of parking for the existing dwelling no. 9 Hadleigh Road and the proposed dwellings would result in additional on street parking in an area of parking stress to the detriment highway safety and the free flow of traffic in the local highway network contrary to guidance contained within the National Planning Policy Framework and Development Management Document (DPD2) Policy DM15.

04  Insufficient information has been submitted to demonstrate accessibility and adaptability of the units. This is contrary to the policy DM8 of the Development Management DPD2 and National Technical Housing Standards 2015 DCLG 2015.

05  The proposed development by reason of lack of good quality, useable amenity space for potential future occupiers would result in a poor living environment for future occupiers and be contrary to the provisions of the National Planning Policy Framework, Policy KP2 and CP4 of the Core Strategy, policy DM8 of the Development Management Document DPD2 and advice contained within the adopted Design and Townscape Guide (SPD1).

06  The proposed development fails to provide adequate information regarding the use of renewable energy resources which given the scale and siting of the proposal could have a significant impact on design and the appearance, surrounding area including Leigh Conservation Area. This is contrary to the National Planning Policy Framework, Policies CP4 and KP2 of the Core Strategy Policies DM1, DM2 and DM5 of DPD2, and the Design and Townscape Guide, 2009 (SPD1).

Informative

01  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  ...  view the full minutes text for item 792.

Report of Corporate Director for Place

(a)  Kursaal Ward

16/00076/FULM

Application to remove condition 15 (code for sustainable housing) of planning permission 15/00521/FULM dated 15/07/2015 to erect five storey building with 22 flats.

Land at Essex House, Southchurch Avenue, Southend-on-Sea, Essex SS1 2LB

Weston Homes Plc

DELEGATED to the Corporate Director for 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 financial contribution towards affordable housing provision in-lieu of on-site 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.

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

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

02  The materials to be used on all external elevations of the development hereby approved shall be in accordance with the details approved under the terms of application 15/01241/AD unless otherwise agreed in writing by the Local Planning Authority.

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

03  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 Policy DM15 of the Council’s Development Management DPD and CP3 of the Core Strategy DPD1.

04  The development shall be undertaken in accordance with the Waste Management Plan approved under the terms of application 15/01241/AD unless otherwise agreed in writing by the Local Planning Authority.

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 KP2 and CP3 of the Core Strategy DPD1.

05  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  ...  view the full minutes text for item 793.

Report of Corporate Director for Place

The Committee received a report of the Corporate Director for Place which reported on alleged breach of planning control.

(a)  Victoria Ward

14/00054/UCOU-C

Without planning permission, the change of use of the land from storage within Class B8 of the Town and Country (Use Classes) Order 1987 (as amended) to dwellinghouse (Class C3).

196E Hamlet Court Road, Westcliff-on-Sea, Essex, SS0 7DE

Resolved:

That ENFORCEMENT ACTION be authorised to secure the cessation of the use of the building located upon the land as a dwellinghouse on the grounds that the use is detrimental to the amenities and character of the area and to the amenities of any future occupiers by reason of  its siting in close proximity to commercial uses, lack of access and amenity space, insufficient off-street parking, lack of refuse storage provision, poor internal layout,  lack of information to demonstrate accessibility and adaptability of the dwellinghouse in accordance with Building Regulation M4 (2), lack of fenestration, poor relationship with the neighbouring buildings and the associated noise and activity from neighbouring occupiers would result in an unacceptable form of residential accommodation contrary to the NPPF, policies CP1, CP4 and KP2 of the Core Strategy DPD Policies DM1, DM3, DM8 DM11 and DM15 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 it would be necessary for the occupiers to find alternative accommodation so a compliance period of 3 months is considered reasonable.

(b)  West Leigh Ward

15/00242/UNAU-B

Without planning permission, the erection of an outbuilding which exceeds 2.5m in height and is located within 2.0m of a boundary of the curtilage of the dwellinghouse.

15 Aberdeen Gardens, Leigh-on-Sea, Essex, SS9 3RH

Resolved:

That the matter be deferred for a site visit.

(c)  Eastwood Park Ward

15/00251/UCOU-B

Without planning permission, the change of use of the land from residential (Class C3) to part residential, part workshop, part office (B1) which renders the overall use of the land sui generis.

22 Parkway Close, Leigh-on-Sea, Essex, SS9 5RL

Resolved:

That no further action be taken in respect of this matter.

The Committee received a supplementary report by the Corporate Director for Place that provided additional information on items referred to elsewhere on the Agenda.

The Committee thanked the Chairman for the able way in which he had conducted the meetings over the last Municipal Year.  The Committee also paid tribute to the Chairman for his long service as a Councillor and wished him well for the future, as he would be stepping down at the end of the Municipal Year.

The Chairman thanked the Committee and officers for their support and hard work over the year.