Apologies for absence were received from Councillors Berry (no substitute), Buck (no substitute) and A Jones (substitute: Councillor Nevin).

The following interests were declared at the meeting:

(i) All Councillors on the Committee – Minute No. 105 (Application Ref. No. 25/00021/AMDT – Roslin Hotel, Thorpe Esplanade, Thorpe Bay) – Have received email correspondence from both the applicant and objectors;

(ii) Councillors Borton, Burton, Nevin, Norman, O’Connor and Webster – Minute No. 103 (Application Ref. No. 25/00040/GPDE – 148 Shoebury Road, Thorpe Bay) – Applicant is the son of a fellow Councillor;

(iii) Councillor Habermel – Minute No. 104 (Application Ref. No. 24/01708/FUL – 74 Leigh Road, Leigh on Sea) – Knows the Applicant well (withdrew);

(iv) Councillor Mulroney – Minute No. 104 (Application Ref. No. 24/01708/FUL – 74 Leigh Road, Leigh on Sea) – Is a Leigh Town Councillor non-participant in planning;

(v) Councillor Nevin – Minute No. 12 (Ref. No. 25/00002/UNAU_B – 19 Blatches Chase, Eastwood) – Has made comments on social media about this matter (withdrew);

(vi) Councillor Poulton – Minute No. 12 (Ref. No. 25/00002/UNAU_B – 19 Blatches Chase, Eastwood) – Has received visits from the applicant at a Councillor Surgery; and

(vii) Councillor Ward – Minute No. 104 (Application Ref. No. 24/01708/FUL – 74 Leigh Road, Leigh on Sea) – Knows the Applicant well (withdrew) – the Chair for this item was taken by the Vice-Chair, Councillor Borton.

Resolved:-

That the Minutes of the Meeting held on Wednesday, 29^th January 2025 be confirmed as a correct record and signed.

The supplementary report by the Executive Director (Environment and Place) will provide additional information (if any) on the items referred to on the Agenda and will be available on the morning of the meeting.

The Committee received and noted a supplementary report by the Executive Director (Environment & Place) that provided additional information on the items referred to elsewhere on the Agenda since the publication of the reports.

Proposal: Erect single storey rear extension projecting 4m beyond the existing rear wall of the dwelling, 2.95m high to eaves and with a maximum height of 3.2m

Applicant: Mr Rhys Taylor

Agent: Miss Liz Schofield of BDA Architecture

Resolved:-

That PRIOR APPROVAL is REQUIRED and that PRIOR APPROVAL be GRANTED

Informatives:

1. This written notice indicates that the proposed development would comply with condition A.4 of Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). If you want confirmation that the proposed development would be lawful/permitted development (e.g. on the basis that it would comply with all of the limitations and conditions of Schedule 2, Part 1, Class A), then you should submit an (optional) application to the local planning authority for a Lawful Development Certificate.

2. The applicant’s attention is drawn to the condition of development permitted by Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) under paragraph A.3 (a) that the materials used in any exterior work (other than materials used in the construction of a conservatory) must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse.

3. You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission, that the Council will seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the city.

4. The proposed building equates to less than 100sqm of new floorspace as such 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.

COUNCILLOR BORTON, VICE-CHAIR IN THE CHAIR.

Proposal: Demolish garage building, erect 4 three-storey terraced dwellings with associated amenity spaces to the rear, install vehicle crossover onto Beach Avenue

Applicant: c/o SKArchitects

Agent: Mr Steven Kearney of SKArchitects

Mr Bourne, a local resident, spoke as an objector to the application.  Mr Gloyne responded on behalf of the Applicant’s Agent.

Resolved:-

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin no 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 approved shall only be undertaken in accordance with the following approved plans: 840P01; 840P02 Rev A; 840P03 Rev A; 840P04 Rev A; 840P05 Rev B; 840P06 Rev A; 840P07.

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with Policy DM1 of the Development Management Document (2015).

03  Notwithstanding the information submitted with the application, no development above ground floor slab level shall take place unless and until full details of detailed fenestration design (including window reveal depths) and all the materials to be used on all the external elevations of the development hereby approved including for the external walls, roofing, fascia and soffits, doors and windows, have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall only be carried out and completed in accordance with the approved details.

Reason: To safeguard the character and appearance of the surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

04  No development above ground level shall take place unless and until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. 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. The details submitted shall include, but not be limited to:

(i) means of enclosure of and subdividing the site including any gates or boundary fencing;

(ii) hard surfacing materials;

(iii) details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification;

(iv) details of measures to enhance biodiversity within the site.

(v) details of any permeable paving or other sustainable drainage measures to be implemented, and;

(vi) existing and proposed finished site levels or contours.

Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as agreed in writing by the Local Planning Authority  ...  view the full minutes text for item 104.

COUNCILLOR WARD IN THE CHAIR.

Proposal: Application to vary condition 13 (hours of operation) opening times for non-residents amended from 7am to 11pm on any day to 7am to midnight on any day other than New Years Eve into New Years Day where the opening hours would be 7am to 1am (Material amendment of planning permission 20/01199/FULM dated 17.03.2022).

Applicant: Regis Entertainment Limited

Agent: Mr Jon Murch of Davies Murch

Ms Hatcher, a local resident, spoke as an objector to the application.  Mr Murch, the Applicant’s Agent, responded. All three local Ward Councillors also addressed the Committee in respect of the application.

Resolved:-

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin no later than 17.03.2025, three years from the date planning permission 20/01199/FULM was granted.

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

02 The development hereby approved shall be carried out in accordance with the approved plans: WP-0753-A-0000-P-00 Rev A; WP-0753-A-0001-P-00 Rev A; WP-0753-A-0003-P-00 Rev A; WP-0753-A-0004-P-01 Rev A; WP-0753-A-0005-P-02 Rev A; WP-0753-A-0006-P-03 Rev A; WP-0753-A-0020-E-XX Rev A; WP-0753-A-0021-E-XX Rev A; WP-0753-A-0022-E-XX Rev A; WP-0753-A-0030-S-XX Rev A; WP-0753-A-0099-P-B1 Rev A; WP-0753-A-0100-P-00 Rev A; WP-0753-A-0101-P-01 Rev A; WP-0753-A-0102-P-02 Rev A; WP-0753-A-0103-P-03 Rev A; WP-0753-A-0200-E-XX Rev A; WP-0753-A-0201-E-XX Rev A; WP-0753-A-0300-S-XX Rev A; WP-0753-A-0301-S-PR Rev A; WP-0753-A-0202-E-XX Rev A; WP-0753-A-0203-E-XX Rev A; WP-0753-A-0204-E-XX Rev A; WP-0753-A-0205-E-XX Rev A; WP-0753-A-0206-E-XX Rev A; WP-0753-A-0207-E-XX Rev A; Existing Room Count Markup.

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

03 The development hereby approved shall only be used as a hotel within Use Class C1 with ancillary or incidental facilities as shown on the approved plans and shall not be used for any other purposes including any other purposes within that use class in the Town and Country Planning (Use Classes) Order 1987 (as amended) nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to that Class in any statutory instruments revoking or re-enacting these Orders.

Reason: To determine the scope of the permission in the interest of amenity and the character and functionality of the area in accordance with the National Planning Policy Framework (2024), Policies KP2 and CP1 of the Core Strategy (2007) and Policies DM10, DM11 and DM12 of the Development Management Document (2015).

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works except demolition and construction up to ground 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 and fenestration, have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be carried out solely in full accordance with the approved details before it is first used or operated.

Reason: In the  ...  view the full minutes text for item 105.

Proposal: Change of use from 6-person HMO (Use Class C4) to 8-person large HMO (sui generis)

Applicant: Mr Mitch Nunn

Agent: Mr Joseph Orbell of Town Planning Expert

Resolved:-

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin no 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 shall only be undertaken in accordance with the following approved plans: Location Plan, 913-200; 913-201; 913-202; 913-203; 913-204; 913-205.

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with Policy DM1 of the Development Management Document (2015).

03 Prior to first use of the development hereby approved, refuse and recycling storage shall be implemented and made available for use in accordance with the details shown on the approved plan no. 913-200 and in the email from the agent dated 07.01.2025 or alternative details which shall have previously been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The refuse and recycling facilities shall be permanently maintained thereafter for the lifetime of the development.

Reason: To ensure that satisfactory refuse and recycling facilities are provided at the site in the interest of sustainability and amenity in accordance with the National Planning Policy Framework (2024), Core Strategy (2007) Policy KP2, Policies DM1 and DM8 of the Development Management Document (2015) and the advice in the Southend-on-Sea Design and Townscape Guide (2009) and the Southend-on-Sea Waste Storage, Collection and Management Guide for New Developments (2019).

04 The development hereby approved shall incorporate water efficient design measures set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to 105 litres per person per day (lpd) (110 lpd when including external water consumption), including measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting before it is occupied.

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2024), Policy KP2 of the Southend-on-Sea Core Strategy (2007), Policy DM2 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

05 Prior to the first use of the building for the purposes hereby approved details of energy efficiency and other sustainability measures to be included in the scheme, including the provision of at least 10% of the energy needs of the development hereby approved being provided from onsite renewable sources, shall be submitted to, agreed in writing by the Local Planning Authority and implemented on site in accordance with the agreed details under the terms of this condition. The energy efficiency and other sustainability measures shall be maintained for the lifetime of the development.

Reason: To minimise the environmental impact of the development through efficient use  ...  view the full minutes text for item 106.

Breach of Planning Control: Single storey rear extension and roof extension comprising rear dormer and hip to gable to the side.

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to include 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 to require those issued with a copy of the Enforcement Notice to:

a) Remove the unauthorised single storey rear extension and rear dormer in their entirety;

OR

Build out the development in full accordance with planning permission 24/00275/FULH;

AND

b) Restore the land to its condition before the breach took place;

AND

c) Remove from site all materials resulting from compliance with both a) and b) above.

With time for compliance of 3 calendar months.

For the following reasons:

01 The development, by reason of its size, scale, form and appearance, fails to integrate with the host building and represents a visually dominant and incongruous addition which is detrimental to, and significantly alters, the character and appearance of the host property, the streetscene and the area more widely. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2024); 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 the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

02 The rear dormer and single storey rear extension, by reason of their size and siting in close proximity to the property boundaries, are overly dominant and oppressive additions, resulting in a significantly harmful loss of outlook and an unacceptable sense of enclosure to the detriment of the residential amenity of neighbouring occupiers at 58 Poynings Avenue and 62 Poynings Avenue and furthermore the single storey rear extension results in significantly harmful loss of light detrimental to the residential amenities of the occupiers of 58 Poynings Avenue. The development is unacceptable and contrary to the National Planning Policy Framework (2024), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Breach of Planning Control: Change of use from dwellinghouse (Class C3) to supported living unit (Class C2)

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to include 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 to require those issued with a copy of the Enforcement Notice to:

a) Cease use of the site as a Class C2 use;

AND

b) Restore the land to its condition before the breach took place.

With time for compliance of two (2) calendar months.

For the following reason:

01 It has not been demonstrated to the satisfaction of the Local Planning Authority that the Class C2 supported living use in situ can, or will be, operated with adequate management measures in place, including noise management measures, sufficient to ensure that significant harm will not continue to be caused to the amenity of neighbouring occupiers. through excessive levels of noise and disturbance. This is unacceptable and contrary to the National Planning Policy Framework (2024), Policy KP2 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Breach of Planning Control: Installation of 5no. air conditioning units, creation of a side door and installation of imprint paving

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED 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] to require those issued with a copy of the Enforcement Notice to:

a) Remove the air conditioning units to the rear southern wall in their entirety from the property;

AND

b) Remove the door from the western elevation and reinstate the former window opening, including any decorative elements on the elevation, with a window of the exact same design and material that was previously there before the breach took place;

AND

c) Remove in its entirety from the site the hardstanding material installed on the site’s western frontage and reinstate this frontage with hardstanding comprising the same materials that were there before the breach took place;

AND

d) Restore the land to its condition before the breach took place;

AND 

e) Remove from site all materials resulting from compliance with a, b, c and d above.

With time for compliance of one (1) calendar month for (a) and three (3) calendar months for (b), (c), (d) and (e) above.

For the following reason(s):

The design and siting of the air-conditioning units and the design of the new entrance door and hardstanding fail to respect the character or appearance of the existing building and are harmful to its character and appearance and reduce its positive contribution to the character and appearance of the Leigh Cliff Conservation Area, causing less than substantial, albeit significant, harm to the character and significance of the heritage asset. That harm is not outweighed by public benefits. The development is therefore contrary to the National Planning Policy Framework (2024), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and the guidance contained in the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Cliff Conservation Area Appraisal (2022).?

Breach of Planning Control: Use of outbuilding as hair salon

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED 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, to require those issued with a copy of the Enforcement Notice to:

a) Cease the use of the outbuilding at the site as a hair salon (Use Class E) and restore the outbuilding to its condition and ancillary residential use to the dwellinghouse at No 19 Blatches Chase (Use Class C3) before the breach took place;

AND

b) Remove from the site all items associated with the unauthorised use, including, but not limited to, the hair salon chairs, the reclining chairs and sinks used for hair washing, and trolleys used for storage of hair salon related items.

AND

c) Remove from site all materials resulting from compliance with both a) and b) above.

With time for compliance of one (1) calendar month.

For the following reasons:

01 The development introduces types and levels of non-domestic activity which are materially out of keeping with and significantly harmful to the residential character of the dwelling and its relationship to the residential character of the immediately surrounding area. This is unacceptable and contrary to the National Planning Policy Framework (2024), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02 The development, by reason of the frequency, repetition and regularity of comings and goings introduces types and levels of activity, noise and disturbance which are incompatible with a residential setting and harmful to the amenity of neighbouring occupiers. This is unacceptable and contrary to the National Planning Policy Framework (2024), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).