Agenda and minutes

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Contact: Tim Row - Principal Committee Officer 

Items
No. Item

609.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Hadley (Substitute: Councillor Habermel).

610.

Declarations of Interest

Minutes:

The following interests were declared at the meeting:

 

(a)  Councillor Arscott – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(b)  Councillor Assenheim – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(c)  Councillor Borton – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(d)  Councillor Butler – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(e)  Councillor Evans – Agenda Item No. 5 – 16/01693/FUL – 104 Salisbury Road, Leigh-on-Sea, Essex SS9 2JN – Non-pecuniary interest: Governor at St. Michael’s School which is attended by the applicant’s children;

 

(f)  Councillor Evans – Agenda Item No. 9 – 16/02040/FULH – 43 Theobalds Road, Leigh-on-Sea – Non-pecuniary interest: Owns a property in the road;

 

(g)  Councillor D Garston – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(h)  Councillor Habermel – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(i)  Councillor Habermel – Agenda Item No. 13 – 16/00189/UNAU_B – 96 The Ridgeway, Westcliff-on-Sea – Non-pecuniary interest: Lives in the vicinity of the restaurant;

 

(j)  Councillor Jones – Agenda Item No. 8 – 16/01773/FUL – 19 Kings Road, Westcliff-on-Sea, Essex, SS0 8LL – Non-pecuniary interest: Applicant is a co-opted Member of the Council’s People Scrutiny Committee;

 

(k)  Councillor Mulroney – Agenda Item No. 5 – 16/01693/FUL – 104 Salisbury Road, Leigh-on-Sea, Essex SS9 2JN – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

 

(l)  Councillor Mulroney – Agenda Item No. 7 – 16/01760/FULH - 78 Hadleigh Road, Leigh-on-Sea - – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

 

(m)  Councillor Mulroney – Agenda Item No. 9 – 16/02040/FULH – 43 Theobalds Road, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

 

(n)  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);

 

(o)  Councillor Mulroney – Agenda Item No. 11 – 16/02097/AMDT - 50 Vernon Road, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning);

 

(p)  Councillor Mulroney – Agenda Item No. 12 – 16/02036/FULH - The Old Coach House, 2a Lymington Avenue, Leigh-on-Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning) and resident of Southsea Avenue;

 

(q)  ...  view the full minutes text for item 610.

611.

Minutes of the meeting held on Wednesday 9th November 2016 pdf icon PDF 121 KB

Minutes:

Resolved:

 

That the Minutes of the meeting held on Wednesday, 9th November 2016 be received, confirmed as a correct record and signed.

612.

Supplementary Report pdf icon PDF 67 KB

Minutes:

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

613.

16/01693/FUL - 104 Salisbury Road, Leigh-on-Sea (West Leigh Ward) pdf icon PDF 243 KB

Additional documents:

Minutes:

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 the application.  Mr Coxall, the applicant’s agent, responded.

 

Planning permission REFUSED for the following reason:

 

01.  The proposed dwellings would, by reason of their elevational design, be out of context with and visually harmful to the character and appearance of the surrounding area. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Southend Core Strategy (2007), policies DM1 and DM3 of the Southend Development Management Document (2015) and the advice contained within the Southend Design and Townscape Guide (2009).

614.

16/01659/AMDT - 40 Westbury Road, Southend-on-Sea (St Lukes Ward) pdf icon PDF 189 KB

Additional documents:

Minutes:

Proposal:  Application to vary condition 02 (Approved Plans) (Minor Material Amendment to planning permission 14/00198/FUL dated 21 May 2014)

Applicant:  Dr Saqib Mahmud

Agent:  Mr Graham Miles

 

Planning permission REFUSED for the following reason:

 

01. The conservatory that has been erected, by virtue of its design, the materials used in its construction, its size and its relationship to the existing building, is harmful to the character and appearance of the existing building and the surrounding area more widely. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Southend Core Strategy (2007), policies DM1 and DM3 of the Southend Development Management Document (2015) and the advice contained within the Southend Design and Townscape Guide (2009).

 

The Committee also resolved that the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control be DELEGATED to AUTHORISE ENFORCEMENT ACTION for the removal of the unauthorised development. This is because of the harm it causes to the character and appearance of the exiting building and the area more widely, contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Southend Core Strategy (2007), policies DM1 and DM3 of the Southend Development Management Document (2015) and the advice contained within the Southend Design and Townscape Guide (2009).

 

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.

615.

16/01760/FULH - 78 Hadleigh Road, Leigh-on-Sea (West Leigh Ward) pdf icon PDF 200 KB

Additional documents:

Minutes:

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 spoke as an objector to the application.  Mr Hall, 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: 1043 010 E, 1043 011 D

 

Reason: To ensure that the development is carried out in accordance with 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: To safeguard the visual amenities of the area, in accordance with National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4, policy DM1 of Development Management Document DPD2 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.

 

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.

616.

16/01773/FUL - 19 Kings Road, Westcliff-on-Sea (Chalkwell Ward) pdf icon PDF 181 KB

Additional documents:

Minutes:

Proposal:  Erect treehouse in rear garden (Retrospective)

Applicant:  Mrs E. Lusty

 

Planning permission REFUSED for the following reason:

 

01.  The treehouse development, by virtue of its size, scale, height, design and makeshift appearance, is considered to be harmful to visual amenity and out-of-keeping with the character and appearance of the application site and the surrounding area.  The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (NPPF), Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3, and the advice contained with the Southend Design and Townscape Guide (2009).

 

02.  The treehouse development, by virtue of its height and design, is considered to be harmful to residential amenity as it enables unacceptable overlooking and causes a loss of privacy at Kingholme, Drake Road and 2 Drake Road to the detriment of the amenities of the occupiers of these properties. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (NPPF), Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3, and the advice contained with the Southend Design and Townscape Guide (2009).

 

The Committee also resolved that the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control be DELEGATED to AUTHORISE ENFORCEMENT ACTION for the removal of the unauthorised development. This is because of the harm it causes to the character and appearance of the site and surrounding area and the amenities of the occupiers of neighbouring properties (by reason of overlooking and loss of privacy) contrary to the National Planning Policy Framework, Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3 and the advice contained with the Southend Design and Townscape Guide (2009).

 

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.

 

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  ...  view the full minutes text for item 616.

617.

16/02040/FULH - 43 Theobalds Road, Leigh-on-Sea (West Leigh Ward) pdf icon PDF 199 KB

Additional documents:

Minutes:

Proposal:  Erect single storey outbuilding at rear to be used as a summer house

Applicant:  Mr & Mrs Webb

Agent:  Knight Gratrix

 

Mrs Webb, a local resident, spoke as an objector to the application.  Mrs Webb, 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: 1057/010/F

 

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

 

03.  The facing materials used in construction of the development must be in accordance with submitted details.

 

Reason: To safeguard the appearance of the area, in accordance with National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4, policy DM1 of Development Management Document DPD2 and SPD1 (Design and Townscape Guide).

 

04.  The outbuilding hereby permitted shall not be occupied at any time other than purposes incidental to the residential use of the dwelling known as 43 Theobalds Road. 

 

Reason: To ensure the use of the building remains incidental to the main dwelling in accordance with policies DM1 and DM3 of the Development Management Document DPD2.

618.

16/01572/FUL - The Sarah Moore Public House, 57 - 59 Elm Road, Leigh on Sea (Leigh Ward) pdf icon PDF 258 KB

Additional documents:

Minutes:

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

 

Planning permission 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  approved plans 0-001, 0-002, 0-200, 1-001, 1-002 A, 1-003, 1-050, 2-001, 2-002, and 15-001

 

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

 

03.   No  development  shall  take  place  until  samples  of  the  materials  to  be  used  on  the external elevations including walls, roof, windows, and balustrading shall be 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  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 National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, Development Management DPD Policy DM1 and SPD1 (Design and Townscape Guide).

 

 

04.  The acoustic mitigation installations recommended within the submitted Noise Assessment (prepared by Sharps Redmore and dated 09/06/16) shall be installed prior to the first occupation of the flats hereby approved and retained in perpetuity.

 

Reason:  In  the  interests  of  residential  amenity  for future  occupants  as  set  out  in  the National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Development Management DPD Policy DM1.

 

05.  Prior to the commencement of the development hereby approved, full details of refuse and bicycle storage facilities at the site shall be submitted to and approved in writing by the Local Planning Authority.  Subsequently, refuse and bicycle storage facilities shall be  provided  at  the  site  in  accordance  with  the  approved  details  prior  to  the  first occupation of any of the flats hereby approved.

 

Reason:  In  the  interests  of  residential  amenity  for  future  occupants,  the  provision  of adequate  parking  and  visual  amenity  as  set  out  in  the  National  Planning  Policy Framework,  DPD1  (Core  Strategy)  2007  policy  KP2  and  CP4,  and  Development Management DPD Policies DM1, DM8 and DM15.

 

06.  Prior to the occupation of the flats a scheme shall be submitted to and agreed in writing by the Local Planning Authority for the construction and laying out of six parking spaces to the north of the building at the application site. The parking spaces shall be provided in accordance with the approved details and made available for use by the occupants of the flats hereby approved from the time that they are first occupied and thereafter shall be retained  ...  view the full minutes text for item 618.

619.

16/02097/AMDT - 50 Vernon Road, Leigh-on Sea (West Leigh Ward) pdf icon PDF 219 KB

Additional documents:

Minutes:

Proposal:  Replace plan no. 30/16/A/Rev01 and 30/16/B with 1620 TP-01 to amend footprint of single storey rear projection (Application for variation of condition to planning permission 16/01126/FUL dated 14.9.2016)

Applicant:  Mr & Mrs Smith

Agent:  Metson Architects LTD

 

Planning permission GRANTED subject to the following conditions:

 

01.  The development hereby permitted shall begin not later than three years from the date of the original permission (19.09.2016).

 

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: 1620 TP-01; 1620 BC-01-A & 1620 BC-02-A.

 

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

 

03.  No development shall take place until samples of the materials to be used on the external elevations of the dwellings, on any screen/boundary walls, fences and gates, and on any driveway, access road, forecourt or parking area have been submitted to and approved by the Local Planning Authority.  Details of the proposed boundary treatments shall be provided. The development shall only be carried out in accordance with the approved details.

 

Reason: To safeguard character and appearance of the area and amenities of neighbouring occupiers 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, 2009 (SPD1).

 

04.  No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping.  This shall include details of all the existing trees and hedgerows on the site and details of any to be retained, together with measures for their protection in the course of development; details of the number, size and location of the trees and shrubs 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 details of the treatment of all hard and soft surfaces (including any earthworks to be carried out). The landscaping shall be implemented in accordance with the agreed details, unless otherwise first agreed in writing by the Local Planning Authority.

 

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy, Policy DM1 of the Development Management Document and the Design and Townscape Guide, 2009. 

 

05.  All planting in the approved landscaping scheme shall be carried out within the first available planting season following the completion of the development.  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 may be agreed with the Local Planning Authority.

 

Reason: In the interests of visual amenity and  ...  view the full minutes text for item 619.

620.

16/02036/FULH - The Old Coach House, 2a Lymington Avenue (Leigh Ward) pdf icon PDF 211 KB

Additional documents:

Minutes:

Proposal:  Install cladding to elevations (Retrospective)

Applicant:  Mr Bryant

Agent:  Mr Howell

 

Mrs Dooley, a local resident, spoke as an objector to the application.

 

Planning permission REFUSED for the following reason:

 

01. The cladding that has been installed to the elevations is not in-keeping with and harmful to the character and appearance of the existing building and the streetscene in Lymington Avenue. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Southend Core Strategy (2007), policies DM1 and DM3 of the Southend Development Management Document (2015) and the advice contained within the Southend Design and Townscape Guide (2009).

 

The Committee also resolved that the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control be DELEGATED to AUTHORISE ENFORCEMENT ACTION for the removal of the unauthorised cladding.

 

This is because the unsympathetic use of materials creates an incongruous feature in the streetscene and harmfully conflicts with the character and appearance of the surrounding area and the neighbouring properties contrary to the National Planning Policy Framework; Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1, DM3 and DM6 of the Southend-on-Sea Development Management Document (2015); and the advice contained within the Southend-on-Sea Design and Townscape guide (2009).

 

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.

621.

16/00189/UNAU_B - 96 The Ridgeway, Westcliff-on-Sea (Chalkwell Ward) pdf icon PDF 173 KB

Additional documents:

Minutes:

Breach of Control:  Without planning permission erection of canopies and other alterations to the frontage of the application site.

 

Resolved: 

 

That ENFORCEMENT ACTION be AUTHORISED for the removal of the unauthorised canopies, heaters and the planters that have been affixed to the boundary enclosure at the frontage of the site. 

 

This is because the use of the canopy covered part of the site, aided by the addition of outdoor heaters, would be intensified and create additional noise and disturbance, which would be detrimental to the amenities of the occupiers of nearby residential properties.  The development is therefore unacceptable and contrary to the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007); and Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

 

It is also considered that the canopies, heaters and the elevated planters would, by reason of their size, design, siting and number, fail to integrate with the existing building and be out of keeping with and detrimental to the character and appearance of the existing building and the area more widely. The developments are therefore contrary to the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM13 of the Southend-on-Sea Development Management Document (2015); the advice contained within the Southend-on-Sea adopted Design and Townscape Guide (2009).

 

The Enforcement Action should only be taken after and depending on the outcome of the determination of the appeal against the refusal of application 16/01529/FUL.

 

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.

 

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