Agenda item

24/00271/FUL - 28 Belfairs Drive, Leigh-on-Sea (Belfairs Ward)

Minutes:

Proposal: Demolish existing bungalow and erect a pair of semi-detached dwellinghouses, layout parking to front and amenity space to rear and install new vehicular access from Belfairs Drive (Amended Proposal)

Applicant: Bedrock Developments

Agent: Mr Tim Knight of Knight Gratrix Architects

 

Ms Flemming, a local resident, spoke as an objector to the application.

 

Resolved:- That the Executive Director (Environment & Place), the Director of Planning and Economy and/or the Development Control Service Manager be DELEGATED to GRANT PLANNING PERMISSION subject to the conditions set out below, provided that any additional representations received up to the end of 30th May 2024 do not raise any new considerations which have not been addressed within the report. Should further representations be received up to that date which raise new considerations not already addressed within this report the application is to be brought back to Development Control Committee for determination.

 

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 permitted shall be carried solely out in accordance with the following approved plans: 010G; 020F; 021F; 022B; 023C; 024C; 025C

 

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

 

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition works and construction up to ground floor slab level, until and unless details of the materials to be used in the construction of the external elevations of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The development shall be carried out in full accordance with the approved details before it is occupied.

 

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 (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, the proposed first floor windows in the flank elevations of the dwellings hereby approved shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy) and fixed shut (except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level of the room which they serve) and shall be retained as such for the lifetime of the development.

 

Reason: In the interests of neighbour amenities further to the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice within the Southend-on-Sea Design and Townscape Guide (2009).

 

05 The dwellings hereby approved shall not be occupied until and unless full details of both hard and soft landscape works to be carried out at the site in association with the development have been submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be completed 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 limited to:

 

i. hard surfacing materials;

ii. details of the number, size and location of trees, shrubs and plants to be planted together with a planting specification;

iii. product details of the permeable paving or other sustainable drainage measures to be implemented to the front curtilage;

iv. all and any means of subdividing and enclosing the site.

 

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, the amenities of occupiers and the amenities of neighbouring occupiers, and to ensure a satisfactory standard of landscaping and drainage is implemented pursuant to Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

06 Construction hours for the development hereby approved shall be restricted to 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays and not at all on Sundays or Bank Holidays.

 

Reason: To protect the environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2023), 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 Southend-on-Sea Design and Townscape Guide (2009).

 

07 The development hereby approved shall be carried out in a manner to ensure the dwellings comply fully with Building Regulation M4(2) 'accessible and adaptable dwellings' before they are occupied.

 

Reason: To ensure the dwellings hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework (2023), 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).

 

08 Prior to occupation of the development 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.

 

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009)

 

09 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 brought into use.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2023), 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).

 

10 Notwithstanding the provisions of Classes A, B, C, D and E of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any statutory amendment, modification or re-enactment or replacement thereof (as the case may be) for the time being in force), no extensions, porches, roof extensions or outbuildings shall be erected at the dwellings hereby approved without the receipt of express planning permission from the Local Planning Authority.

 

Reason: To allow consideration of impacts on neighbouring occupiers, in the interests of neighbour amenities, further to the National Planning Policy Framework (2021), 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 Southend-on-Sea Design and Townscape Guide (2009).

 

11 The development hereby permitted shall not be occupied until and unless two off-street car parking spaces per dwelling have been provided and made available for use for each of the dwellings hereby approved in accordance with plan no. 021F, with properly made accesses to the public highway. At least 1no car parking space per dwelling shall be fitted with active electric vehicle charging infrastructure before the dwellings are occupied. The car parking spaces shall be retained as such for the lifetime of the development thereafter.

 

Reason: To ensure that satisfactory off-street parking is provided in the interests of residential amenity and highways efficiency and safety, in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, Development Management Document (2015) policy DM15 and the guidance in the Southend-on-Sea Design and Townscape Guide (2009) and the Electric Vehicle Charging Infrastructure (EVCI) for New Development Supplementary Planning Document (SPD) (2021)

 

12 No development shall take place, including any works of demolition, until and unless a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide, amongst other things, for:

 

i) the parking of the vehicles of site operatives and visitors;

ii) loading and unloading of plant and materials;

iii) storage of plant and materials used in constructing the development;

iv) the erection and maintenance of security hoarding;

v) measures to control the emission of dust and dirt during construction;

vi) a scheme for recycling/disposing of waste resulting from demolition and construction works that does not allow for the burning of waste on site;

vii) measures to limit noise and disturbance.

 

Reason: This pre-commencement condition is required in the interests of visual amenity, highway safety and the amenities of occupiers and neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

13 No drainage infrastructure associated with the development hereby approved shall be installed until details of surface water attenuation for the site, based on Sustainable Urban Drainage principles, have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The development shall be carried out in accordance with the approved details before it is occupied.

 

Reason: To ensure the approved development does not increase flood risk elsewhere in accordance with National Planning Policy Framework (2023), Core Strategy (2007) Policies KP1, KP2 and KP3.

 

14 Notwithstanding the details submitted and otherwise hereby approved full details (including elevations) shall be submitted to and approved in writing by the Local Planning Authority under the provisions of this condition identifying the provision of refuse and recycling storage and at least one covered and secure cycle parking per dwelling for the approved development at the site before the development is occupied. The approved refuse and recycling store and covered and secure cycle store facilities shall be provided in full and made available for use by the occupants of the dwellings prior to their first occupation and shall be retained as such in perpetuity.

 

Reason: In the interests of residential amenity for future occupants, to ensure the provision of adequate refuse storage and cycle parking and in the interests of visual amenity as set out in the National Planning Policy Framework (2023), Core Strategy (2007) policies KP2 and CP4 and Policies DM1, DM8 and DM15 of the Development Management Document (2015) and the guidance within the Southend-on-Sea Design and Townscape Guide (2009).

 

15 The roof of the single storey rear projection of the dwellings hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other similar purpose unless express planning permission has previously been obtained. The roofs can however be used for the purposes of maintenance or to escape in an emergency.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1, and the advice contained within the Southend-on- Sea Design and Townscape Guide (2009).

 

16 Occupation of the development hereby approved shall not begin unless and until the reinstatement of the existing vehicle crossover serving the site has been completed and unless and until the new vehicle crossover hereby approved has been provided and made available for use by the occupiers of the development.

 

Reason: In the interest of pedestrian and highway safety, in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM14 of the Development Management Document (2015).

 

17 The approved vehicular crossovers shall not be implemented unless and until a scheme for compensatory planting of a standard size tree within the City has been submitted to and approved in writing by the Local Planning Authority. The approved crossover shall not be implemented until the Local Planning Authority has received confirmation that the compensatory measures so agreed have been implemented in accordance with the approved details.

 

Reason: In the interests of visual amenity and to ensure that the development provides adequate mitigation for the loss of planted verge at the site in accordance with Policy CP7 of the Core Strategy (2007).

 

Positive and proactive statement:

 

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.

 

Informatives:

 

1. Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). A Community Infrastructure Levy (CIL) Liability Notice will be issued as soon as practicable following this decision notice. This contains details including the chargeable amount, when this is payable and when and how exemption or relief on the charge can be sought. You are advised that a CIL Commencement Notice (CIL Form 6) must be received by the Council at least one day before commencement of development. Receipt of this notice will be acknowledged by the Council. Please ensure that you have received both a CIL Liability Notice and acknowledgement of your CIL Commencement Notice before development is commenced. Most claims for CIL relief or exemption must be sought from and approved by the Council prior to commencement of the development. Charges and surcharges may apply, and exemption or relief could be withdrawn if you fail to meet statutory requirements relating to CIL. Further details on CIL matters can be found on the Council's website at www.southend.gov.uk/cil.

 

2. You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that 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.

 

3. Separate highways consent will be required for the formation of new vehicular accesses and for the re-instatement of the redundant vehicular access to the north of the application site.

Supporting documents:

 

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