Proposal: Part demolish No 24 Leigh Hill, part rebuild and erect 2 three storey dwellinghouses adjoining No 22, balconies to rear, change use of basement and ground floor at No 22 Leigh Hill from shop to dwellinghouse (Class C3), alter rear elevation, layout associated parking area, refuse and cycle storage at basement level and amenity space to rear

Applicant: Mr Thomas of Caneleigh Limited

Agent: Miss Emanuela Borri of Scene Architecture

 

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: LH-SCN-XX-XX-DR-A-01.001-A1-PL01, LH-SCN-XX-XX-DR-A-10.001-A1-PL01, LH-SCN-XX-XX-DR-A-10.001-A3-PL01, LH-SCN-XX-XX-DR-A-10.002-A3-PL01, LH-SCN-XX-XX-DR-A-10.003-A3-PL02, LH-SCN-XX-XX-DR-A-10.004-A3-PL01, LH-SCN-XX-XX-DR-A-10.005-A3-PL01, LH-SCN-XX-XX-DR-A-10.006-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.001-A3-PL01, LH-SCN-XX-ZZ-DR-A-ZZ.002-A3-PL02, LH-SCN-XX-ZZ-DR-A-ZZ.003-A3-PL02, LH-SCN-XX-XX-DR-A-ZZ.601-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.602-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.604-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.801-A3-PL02, LH-SCN-XX-XX-DR-A-ZZ.802-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.803-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.804-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.805-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.806-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.807-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.808-A3-PL01, LH-SCN-XX-ZZ-DR-A-ZZ.004-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.603-A3-PL04, LH-SCN-XX-XX-DR-A-ZZ.001-A3-PL04, LH-SCN-XX-ZZ-DR-A-ZZ.006-A3-PL02, LH-SCN-XX-ZZ-DR-A-ZZ.005-A3-PL01.

 

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).

 

Design and Heritage Conditions

 

03 Before any of the dwellinghouses hereby approved are occupied, the materials used for their external surfaces shall be as set out on plan reference LH-SCN-XX-ZZ-DR-A-ZZ.002-A3-PL02 and the associated submitted materials specifications or in accordance with any other alternative external materials details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To safeguard the visual amenities, character and appearance of the area including the Leigh Conservation Area and Leigh Old Town Conservation Area in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and National Design Guide (2021) and the Leigh Conservation Area Appraisal (2021) and the Leigh Old Town Conservation Area Appraisal (2021)

 

04 The detailing for the key design elements of the development hereby approved shall only be as shown in plan references LH-SCN-XX-XX-DR-A-ZZ.801-A3-PL02, LH-SCN-XX-XX-DR-A-ZZ.802-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.803-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.804-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.805-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.806-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.807-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.808-A3-PL01 (Windows and Doors), LH-SCN-XX-XX-DR-A-ZZ.601-A3-PL01 (Eaves, Canopies and Bay), LH-SCN-XX-XX-DR-A-ZZ.602-A3-PL01 (Balconies, Ridge and Parapet) and LH-SCN-XX-ZZ-DR-A-ZZ.006-A3-PL02 (Vents) or in accordance any other alternative key design details that have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To safeguard the visual amenities, character and appearance of the area including the Leigh Conservation Area and Leigh Old Town Conservation Area, in accordance with the National Planning Policy Framework (2023) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and National Design Guide (2021), the Leigh Conservation Area Appraisal (2021) and the Leigh Old Town Conservation Area Appraisal (2021)

 

05 No electricity, gas or water meter boxes, soil ventilation pipes, air extraction pipes, air conditioning units, boiler flues, ventilation grills or ducting shall be fixed to the front (north) exterior elevation of the building without the receipt of express planning permission from the Local Planning Authority.

 

Reason: In the interests of visual amenity and to ensure that the building makes a positive contribution to the character of the Leigh Conservation Area and Leigh Old Town Conservation 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 DM5 and advice in the Southend-on-Sea Design and Townscape Guide (2009), the Leigh Conservation Area Appraisal (2021) and the Leigh Old Town Conservation Area Appraisal (2021)

 

06 The development hereby approved shall be carried out in full accordance with the procedures set out in the Structural Report by HLS Structural Engineers Ltd reference 23323/JL/JL dated 26 Apr 2024 and Letter from HLS Structural Engineers Ltd reference 23323 Rev B dated Apr 2024 including a full photographic survey and level monitoring of No 28 Leigh Hill.

 

Reason: To ensure that the development respects the integrity of the adjacent listed building during construction. 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 DM5 and advice in the Southend-on-Sea Design and Townscape Guide (2009), the Leigh Conservation Area Appraisal (2021) and the Leigh Old Town Conservation Area Appraisal (2021)

 

Landscaping

 

07 The hard and soft landscaping and boundary treatments at the site subject of this permission shall be carried out in full accordance with the proposed landscaping scheme shown on plan reference LH-SCN-XX-XX-DR-A-ZZ.603-A3-PL04 prior to occupation of any of the dwellings hereby approved, or in accordance with any other alternative landscaping details that have previously been submitted to and approved in writing by the Local Planning Authority. 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, character and appearance of the area including the Leigh Conservation Area and to ensure a satisfactory standard of landscaping pursuant to Policies DM1 and DM5 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007), and the advice contained in the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Conservation Area Appraisal (2021).

 

Neighbour Impact and Privacy

 

08 The first floor east side windows to bedroom 2 of the dwelling hereby approved at No 26 Leigh Hill shall only 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) as shown on plan references LH-SCN-XX-XX-DR-A-10.004-A3-PL01 and LH-SCN-XX-ZZ-DR-A-ZZ.002-A3-PL02 before the occupation of the replacement dwelling at No 26 Leigh Hill hereby approved. The windows shall be retained as such in perpetuity. In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

 

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

 

09 Privacy screens not less than 1.7m high above balcony level shall be fitted to the sides and dividers of the rear balconies of the dwellings hereby approved at Nos 22 and 24 Leigh Hill and the southern section of the east side of the second floor balcony of No 26 Leigh Hill as shown on plan reference LH-SCN-XX-XX-DR-A-ZZ.603-A3-PL04 and in full accordance with details shown on this plan and plan reference LH-SCN-XX-XX-DR-A-ZZ.604-A3-PL01 or in full accordance any other alternative privacy screen details that have previously been submitted to and approved in writing by the Local Planning Authority under the scope of this condition, in all cases prior to first occupation of the development. The screens shall be retained for the lifetime of the development in accordance with the approved details.

 

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

 

10 With the exception of the balcony shown in plan reference LH-SCN-XX-XX-DR-A-10.004-A3-PL01, the remaining area of flat roof to the ground floor single storey rear projection to No 26 Leigh Hill hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other such purpose unless express planning permission has previously been obtained. The roof 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 Core Strategy (2007) Policies KP2 and CP4, the Development Management Document (2015) policies DM1 and DM3 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009)

 

11 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that Order with or without modification, no extensions or detached buildings shall be erected at the development hereby approved specified within Schedule 2, Part 1, Classes A, B, D and E of the Town and Country Planning (General Permitted Development) Order 2015 without the receipt of express planning permission in writing from the Local Planning Authority .

 

Reason: To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

Parking

 

12 The 3 car parking spaces, turntable and the associated vehicular access for vehicles using these spaces to access the public highway, shown on approved plan LH-SCN-XX-XX-DR-A-10.002-A3-PL01 shall be provided and made available for use at the site prior to the first occupation of any of the dwellings hereby approved. The car parking spaces, turntable and the associated vehicular access to and from the public highway shall thereafter be permanently retained solely for the parking of vehicles and the accessing of the car parking spaces in connection with the occupiers of the development hereby approved and their visitors. Each car parking space shall have access to active electric vehicle charging.

 

Reason: To ensure that satisfactory off-street car 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 advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

Waste and Cycle Storage

 

13 A) The dwellings hereby approved shall not be occupied unless and until the refuse and recycling stores to serve the development as shown on approved drawing LH-SCN-XX-XX-DR-A-10.002-A3-PL01 have been provided at the site and made available for use by users of the development in full accordance with the approved plans. The approved refuse and recycling facilities shall be permanently retained thereafter and used only for the approved purpose.

B) The waste management arrangements for the dwellings hereby approved shall be carried out in full accordance with the Recycling and Waste Management Strategy reference 2307-022/RMWS/01 dated Dec 2023 or in accordance with any other alternative waste management details that have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To ensure that satisfactory refuse and recycling facilities are provided in the interests of highway safety and visual amenity and to protect the character and appearance of the surrounding area including the Leigh Conservation Area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007), Policies DM1, DM5 and DM15 of the Development Management Document (2015) and the advice in the Southend-on-Sea Design and Townscape Guide (2009) and Leigh Conservation Area Appraisal (2021).

 

14 The dwellings hereby approved shall not be occupied until and unless the cycle storage facilities are provided and made available for use by the occupiers in full accordance with the details shown on approved drawing number LH-SCN-XX-XX-DR-A-10.002-A3-PL01 or in accordance with any other alternative cycle storage details that have been previously submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. The cycle storage facilities shall be retained for the lifetime of the development in accordance with the approved details.

 

Reason: To ensure the provision of adequate cycle parking in accordance with Policy CP3 of the Core Strategy (2007) and Policies DM3 and DM15 of Development Management Document (2015).

 

Construction Management

 

15 No development shall take place, including any works of demolition, until 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 for:

 

(i.) The parking of 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 including contact details (including out of hour contact details) that are to be displayed on the hoardings;

(v.) A Noise and Dust Management Plan - measures to control the emission of noise and dust and dirt during demolition and construction. This should make reference to current guidance on the Assessment of Dust from Demolition and Construction - Institute of Air Quality Management or an acceptable equivalent;

(vi.) A scheme for recycling/disposing of waste resulting from demolition and construction works. No waste materials should be burnt on the site, instead being removed by licensed waste contractors;

(vii.) Measures to mitigate noise disturbance during the development;

(viii) Arrangements for contact with the Southend-on-Sea Council’s Highways Engineer at least 2 weeks prior to commencement of the basement construction to facilitate reasonable inspection of the basement construction works.

 

Reason: This pre-commencement condition is required to minimise the environmental impact and disturbance to existing residents and ensure satisfactory measures are in place to safeguard the stability of the Leigh Hill highway during construction of the development in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4 and Development Management Document (2015) Policies DM1 & DM3.

 

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

 

Reason: In the interests of the amenities of neighbours pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

Renewables, Water Efficiency and Sustainable Drainage

 

17 A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied, using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the development hereby approved. This provision shall be made for the lifetime of the development.

 

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) Policy KP2 and CP4, Development Management Document (2015) Policy DM2 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

18 Prior to occupation of the dwellings hereby approved, appropriate water efficient design measures as 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), to include measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be implemented for the whole development and retained in perpetuity.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

19 No drainage infrastructure, including earthworks, associated with the development hereby approved shall be undertaken until details of the design implementation, maintenance and management of a scheme for surface water drainage works (incorporating Sustainable Urban Drainage (SuDs) Principles) have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented, in accordance with the approved details before the development is occupied or brought into use and shall be maintained as such thereafter in perpetuity.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with the National Planning Policy Framework (2023), Policy KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

Bats

 

20 No development shall commence until and unless two bat emergence/re-entry surveys of the buildings present on the application site, have been undertaken to determine whether bats are present within the existing buildings. The results of the survey and any proposed mitigation measures shall be submitted to and approved in writing by the Local Planning Authority. If bats are found to be present, no demolition work shall take place until and unless an acceptable mitigation scheme has been submitted to and approved in writing by the Local Planning Authority. The development shall commence and proceed only in accordance with the approved mitigation scheme or any other details that have been previously agreed in writing by the Local Planning Authority under the terms of this condition.

 

Reason: A pre commencement condition is justified to ensure any protected species and habitats present on or utilising the site are adequately protected during demolition and building works in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, and Development Management Document (2015) Policy DM2.

 

Noise Report

 

21 The development shall be carried out in full accordance with the mitigation measures set out in Table 4 and figure 2 of the Environmental Noise Assessment by Loven Acoustics reference LA/1810/02cR/ML dated 31.01.24 and mechanical ventilation system as shown on plan reference LH-SCN-XX-ZZ-DR-A-ZZ.006-A3-PL02 or any other ventilation details which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To mitigate road traffic noise from Leigh Hill and noise from the nearby railway line in the interests of the living conditions of future occupiers of the approved development in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

Accessible Dwellings (New Development only)

 

22 The development hereby approved shall be carried out in full accordance with the submitted RIBA Stage 3 Building Control Plan Review Category 2 - Accessible and Adaptable Dwellings reference 66109328 by Sweco dated 06.10.23 and in a manner to ensure the new dwellinghouses at No 24 and No 26 Leigh Hill comply with building regulation M4 (2) ‘accessible and adaptable dwellings’ before they are occupied.

 

Reason: To ensure the two new dwellings hereby approved provide a high quality and flexible internal layout to meet the changing needs of residents in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM8 and the advice contained in the Southend-on-Sea Design and Townscape Guide.

 

23 No development shall commence unless and until a detailed Land and Slope Stability Risk Assessment Report has been submitted to and approved in writing by the Local Planning Authority. This report shall include details of how any land and slope instability conditions at and around the application site, including at No 28 Leigh Hill, have been investigated, identified and understood, and how any necessary mitigation measures have been designed and will be incorporated into the implementation of the development hereby approved, including the demolition and basement construction works, to ensure that the land on and around the site remains stable during the approved development's demolition and construction works. The development permitted by this consent shall be implemented only and in full accordance with the measures set out in the Land and Slope Stability Risk Assessment Report approved under this condition.

 

Reason: A pre commencement condition is required to ensure that the development is undertaken in a such a manner as to minimise the risk and effects of land stability on property, infrastructure and the public at and in the vicinity of the site and detrimental impacts on designated heritage assets and the amenity of neighbours all in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM5 and DM14 and the national planning guidance on Land Stability (2019)

 

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:

 

01 CIL - Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and it is the responsibility of the landowner(s) to ensure they have fully complied with the requirements of these regulations. A failure to comply with the CIL regulations in full can result in a range of penalties. For full planning permissions, a CIL Liability Notice will be issued by the Council as soon as practicable following this decision notice. For general consents, you are required to submit a Notice of Chargeable Development (Form 5) before commencement; and upon receipt of this, the Council will issue a CIL Liability Notice including details of the chargeable amount and when this is payable. If you have not received a CIL Liability Notice by the time you intend to commence development it is imperative that you contact S106andCILAdministration@southend.gov.uk to avoid financial penalties for potential failure to comply with the CIL Regulations 2010 (as amended). If the chargeable development has already commenced, no exemption or relief can be sought in relation to the charge and a CIL Demand Notice will be issued requiring immediate payment. Further details on CIL matters can be found on the Planning Portal (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) or the Council's website (www.southend.gov.uk/cil).

 

02 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.

 

03 In relation to condition 15 of this permission the contact details for the Highway service are Highwaysqueries@southend.gov.uk