Proposal: Demolish existing buildings at 658-664 London Road, erect a five-storey block comprising of 14 self-contained flats and commercial space at ground floor level and a four-storey block comprising of 11 self-contained flats with associated parking, landscaping and refuse/cycle stores

Applicant: Raymond Dove of Dove Jeffrey Homes

Agent: Ms Maddie Wild of Sphere25

 

Mr Webb, a local resident, spoke as an objector to this application.  Ms Wild. the applicant's agent, responded.

 

Resolved:-

 

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

 

• Secondary education contribution of £19,780.30

• Affordable Housing Financial Contribution= £73,601

• Late-Stage Viability Review Mechanism in regard to Affordable Housing Provision to retrieve 60% of any surplus up to cap of £391,699.09

• RAMS contribution – 23 x £156.76 = £3,605.48

• Travel Plan and travel plan monitoring fee up to £5,000; Provision of Travel Information Packs to all residents.

• Monitoring fee of up to £10,000.

 

(b) That the Executive Director (Environment and Place), Director of Planning and Economy or Service Manager - Development Control be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the section 106 agreement referred to above and subject to the conditions set out below:

 

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 be carried out in accordance with the approved plans: PL001 Rev C; PL003 Rev C; PL10 Rev C; PL11 Rev C; PL003 Rev C; PL10 Rev C; PL11 Rev C; PL12 Rev C; PL31 Rev C; PL32 Rev C; PL33 Rev C; PL34 Rev C; PL35 Rev C; PL100 Rev C; PL101 Rev C; PL102 Rev C; PL103 Rev C; PL104 Rev C; PL105 Rev C; PL110 Rev C; PL111 Rev C; PL112 Rev C; PL113 Rev C; PL114 Rev C; PL201 Rev C; PL300 Rev C; PL301 Rev C; PL500 Rev C; PL501 Rev C; PL502 Rev C; PL503 Rev C; PL601 Rev C; PL701 Rev C

 

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

 

03 Notwithstanding the details shown on the plans and the materials schedule submitted and otherwise hereby approved, no construction works other than demolition and construction up to ground floor slab level shall take place unless and until full product details of the materials to be used on all the external elevations of the development, including but not limited to the exterior walls and associated brick details; roof, including coping; windows and doors; balcony specifications and rainwater goods 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 in accordance with the approved details before it is first occupied or brought into first use.

 

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 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, no construction works other than demolition and construction up to ground floor slab 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 details shall be implemented in full accordance with the approved details prior to first occupation of the development.

 

The approved soft landscaping details shall be implemented in full accordance with the approved details within the first planting season following first use of the development hereby approved. The details submitted shall include, but not be limited to:

 

i.) Existing and proposed finished site levels or contours;

ii.) Details and specifications of all means of enclosure of the site, including front boundary walls and Acoustic boundary fencing for the north and west boundaries of the development site’s car park;

iii.) Hard surfacing materials for forecourt and vehicle access, turning and parking areas and the balconies;

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

vi.) Measures to enhance the biodiversity of 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 under the terms of this condition.

 

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping are implemented pursuant to Policy DM1 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

 

05 Prior to first occupation or first use of the development hereby approved, a Landscape Management Plan shall be submitted to the Local Planning Authority containing details for the long-term management of the areas identified for planting. The approved Management Plan must be maintained in perpetuity.

 

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping are implemented pursuant to Policy DM1 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

 

06 Prior to the first occupation or first use of the development hereby approved, the residential and commercial cycle and bin storage facilities shown on the approved plan ‘PL100 Rev C’ shall be provided and made available for use by the occupiers of the development. These areas shall be retained for the lifetime of the development in accordance with the approved details.

 

Reason: To ensure that satisfactory cycle and bin storage is provided in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP3, Development Management Document (2015) Policy DM15 and the guidance in the Southend-on-Sea Waste Storage, Collection and Management Guide for New Developments (2019).

 

07 Construction and demolition works for the approved development on site shall only be undertaken between 8 am to 6 pm on weekdays, between 8 am and 1 pm on Saturdays and not at any time on Sundays and Bank and Public Holidays.

 

Reason: In the interest of the residential amenity of nearby occupiers 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).

 

08 No development shall take place, including any works of demolition, unless and until a Demolition and Construction Management Plan and Strategy (to include Noise and Dust Mitigation Strategies) has been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The approved Demolition and Construction Management Plan and Strategy shall be adhered to in full throughout the construction period. The Strategy shall provide, amongst other things, 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,

v) measures to control the emission of dust, dirt, mud being carried onto the road and noise during construction,

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

vii) a dust management plan to include mitigation and boundary particulate monitoring during demolition and construction. and

viii) details of the duration and location of any noisy activities.

 

Reason: A pre-commencement condition is justified in the interest of the residential amenity of nearby occupiers 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).

 

09 The 34 car parking spaces to be provided in association with the residential use [and shared with the approved flats within Chalkwell Lawns] as shown on approved plan ‘PL100 Rev C’ shall be provided and made available for use at the site prior to the first occupation of the dwellings hereby approved. The parking spaces shall each be fitted with an active electric vehicle charging point. The car parking spaces shall thereafter be permanently retained solely for the parking of vehicles of the occupiers and visitors to the approved dwellings and the permitted flats at Chalkwell Lawns.

 

Reason: To ensure that satisfactory off-street car parking is provided in the interests of highway safety, in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP3, Development Management Document (2015) Policy DM15 and the guidance in the Electric Vehicle Charging Infrastructure for New Development Supplementary Planning Document (2021).

 

10 The development hereby approved shall only be built in accordance with the approved renewable energy and water sustainability measures contained within the Energy and Sustainability Statement (including Appendices A & B) by The PES [dated 24.08.2023] or, in accordance with any other renewable energy and water sustainability measures that have been submitted to and approved in writing by the Local Planning Authority. The approved measures must be delivered prior to first occupation of the development and retained as approved at the application site 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) 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).

 

11 A. Site Characterisation

 

Notwithstanding the details submitted with this application, no development shall commence other than that required to carry out additional necessary investigation which in this case includes demolition, site clearance, removal of any underground tanks and old structures until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

 

i.) a survey of extent, scale and nature of contamination

ii.) an assessment of the potential risks to:

• Human health,

• Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• Adjoining land,

• Groundwaters and surface waters,

• Ecological systems

• Archaeological sites and ancient monuments;

iii.) an appraisal of remedial options, and proposal of the preferred option(s).

 

B. Site Remediation Scheme

 

The development hereby permitted shall not commence until a detailed remediation scheme to bring the site to a condition suitable for the intended uses by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

C. Remediation Implementation and Verification

 

The development hereby permitted shall not commence other than that required to carry out the agreed remediation unless and until the measures set out in the approved Remediation scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority under the terms of this condition. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

 

D. Reporting of Unexpected Contamination

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified the development must stop and it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared and submitted for the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

The above works shall be conducted by competent persons and in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and other current guidance deemed authoritative for the purposes. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented.

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

12 The development hereby approved shall only be built in accordance with the noise mitigation measures as detailed in the Noise Assessment by Anderson Acoustics Ltd Ref 23-10938 and delivered in full prior to first use.

 

Prior to first use of the development, a post completion noise survey must be undertaken by a suitably qualified acoustic consultant and a report submitted to, and approved in writing by, the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in the Report. If the mitigation measures tested in the post-completion report prove to be insufficient, additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), shall be submitted to and approved in writing by the Local Authority and installed and tested prior to occupation.

 

The mitigation measures must be retained in perpetuity thereafter.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

13 Prior to first occupation of the development hereby approved, details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall include, as a minimum, the external lighting at the undercroft. The external lighting scheme approved under the provisions of this condition shall be implemented prior to first occupation of the development hereby approved and shall be maintained as approved for the lifetime of the application thereafter. No other external lighting shall be installed on the development or within the parking, undercroft, access or landscaped areas of the development hereby approved unless it is in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority pursuant to the provisions of this condition.

 

All illumination shall be designed in accordance with the Institute of Lighting Professionals "Guidance Note 01/20: Guidance notes for the reduction of obtrusive light" and "PLG05 The brightness of illuminated advertisements." All illumination within the site shall be retained in accordance with the approved details.

 

Reason: To protect the privacy and environment of residents within the development and to safeguard the visual amenities of the area 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).

 

14 No drainage infrastructure associated with the development hereby approved shall be installed until details of surface water attenuation for the site, based on Sustainable Drainage Systems (SuDS) principles, have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. Specifically, such details must have regard to the following:

 

a) A construction method statement must be provided outlining how surface water will be managed during the construction phase including details on the phasing of drainage installation relative to wider works;

b) An agreement in principle from Anglian Water regarding the surface water connection point and proposed maximum flow rate of 1.924 l/s should be provided;

c) Confirmation and details of the type of flow control, paragraph 5 states restricted discharge by gravity whereas the table in paragraph 6 refers to discharge rate restricted via pump;

d) Details of proposals for surface water management in the event of failure of pump/flow control;

e) Updated drainage plan showing the location of flow control and rainwater harvesting tanks.

 

The development shall only be implemented in accordance with the approved details which shall be maintained for the lifetime of the development.

 

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

 

15 Before the development is occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that the 3No flats (51, 52 & 61) identified on approved plans ‘PL101 Rev C’ and ‘PL102 Rev C’ comply with the building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 22No flats comply with building regulation part M4(2) ‘accessible and adaptable dwellings’ standard.

 

Reason: To ensure the residential units hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM8 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

16 The commercial unit hereby approved shall only be used for purposes falling within Use Class E as defined under the Town and Country Planning (Use Classes) Order 1987 (as amended) on the date this application was submitted. The development shall not be used for any other purpose, including any purpose otherwise permitted under 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 those Orders in any statutory instrument revoking and re-enacting these Orders, with or without modification.

 

Reason: To define the scope of this permission in the interests of residential amenities and environmental quality, further to the National Planning Policy Framework (2023), 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)

 

17 No dust or fume extraction or filtration equipment or air conditioning, ventilation, or refrigeration equipment shall be installed in association with the development hereby approved unless and until details of its design, siting, discharge points, predicted acoustic performance and details of any necessary noise and odour mitigation measures to be used have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The equipment shall be installed only in accordance with the approved details and shall be maintained in good working order thereafter for the lifetime of the development.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

18 Notwithstanding the details shown on the documents submitted and otherwise hereby approved, with reference to British Standard BS7445:2003, the noise rating level arising from any equipment, plant or activities associated with the ground floor commercial unit hereby approved shall be at least 10dB(A) below the background noise level as measured at 1m from the facades of the nearest noise sensitive premises.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

19 Prior to first use or occupation of the commercial unit hereby approved, a delivery and servicing plan shall first have been submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. Thereafter, the delivery and servicing needs of the commercial unit shall only take place in accordance with the approved details and of for the lifetime of the development.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

20 The recommendations and biodiversity enhancement measures as detailed in the Preliminary Ecological Appraisal by Skilled Ecology Consultancy Ltd. [dated 29.08.2023] shall be implemented in full by competent persons and delivered prior to occupation of the development. The bird and bat boxes shall be installed solely in accordance with details inclusive of their siting and design that have previously been submitted to and agreed in writing by the Local Planning Authority.

 

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

 

21 Other than demolition works of the existing London Road frontage building, no development shall commence unless and until a detailed, site specific Arboricultural method statement and tree protection plan has been submitted to the Local Planning Authority and approved. The development must then be carried out solely in accordance with the approved methodology and tree protection measures.

 

Reason: This condition is needed to safeguard existing trees on the site and the character and appearance of the surrounding area, in accordance with Policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

22 Occupation or first use 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 and other users 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 DM15 of the Development Management Document (2015).

 

23. Occupation or first use of the development hereby approved shall not begin unless and until a scheme for signage and a localised traffic light system sensor operated green/red light system at both ends of the undercroft below Chalkwell Lawns ensuring that vehicles exiting the site via the undercroft give way to vehicles entering the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be installed prior to first occupation of the development hereby approved and shall be maintained as such for the lifetime of the development thereafter..

 

Reason: In the interest of the free flow of traffic 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 DM15 of the Development Management Document (2015).

 

(c) In the event that the planning obligation referred to in part (a) above has not been completed before 28 June 2024 or an extension of this time as may be agreed by the Director of Planning and Economy or Service Manager of Development Control, authority is delegated to the Director of Planning and Economy or Service Manager of Development Control to refuse planning permission for the application on grounds that the development will not secure the necessary contributions for affordable housing, secondary education, RAMs, Travel Plan, monitoring of travel plan and provision of Travel Information Packs, and for a Monitoring fee and that, as such, the proposal would be unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 of the Development Management Document (2015).

 

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 which is 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).

 

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. This permission is governed by a legal agreement between the applicant and the City Council under Section 106 of the Town and Country Planning Act 1990. The agreement relates to the provision of a financial contribution to affordable housing in lieu of on-site provision, a financial contribution in relation to education, a financial RAMS contribution, the provision of Travel Information Packs and a Travel Plan inclusive of monitoring fee and monitoring of the agreement.

 

4. Advertisement signage associated with the development may require consent under separate Advertisement legislation.

 

5. Applicants are advised of the need to ensure the thermal comfort of dwellings under Regulation 40B of the Building Regulations 2010. The code of practice to the Regulations in Approved Document O requires an overheating mitigation strategy and assessment. This includes where noise protection measures require windows and openings to be closed.

 

6. The applicant is reminded that this permission does not bestow compliance with other regulatory frameworks. In particular, your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and the noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council's Regulatory Services Officer in Environmental Protection for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea City Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.

 

7. Please note that if you require a crane or piling rig to construct the proposed development, this will need to be safeguarded separately and dependant on location may be restricted in height and may also require full coordination with the Airport Authority. Any crane applications should be directed to sam.petrie@southendairport.com / 01702 538521.

 

8. The applicant has shown the redundant vehicle crossovers being reinstated back to footway and shown the new location of the vehicle crossover. This will need to be carried out under the appropriate highway agreement and be carried out by the Council’s approved contractor.