Proposal: Convert existing building from five self-contained flats to 4 self-contained flats at first and second floors and one commercial unit to ground floor (Class E (c) Financial and professional services) and alterations to elevations, raise height and change of roof form, change of layout of car park to east of site including landscaping, refuse and cycle stores

Applicants: Mr Graham Newton of Intext Properties

Agents: Mr Adam Webster of Webster Little Architects

 

Mr Green, a local resident, spoke as an objector to this application.

 

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: 010_A_00_001 Rev 1, 010_A_00_050 Rev 1, 010_A_00_060 Rev 1, 010_A_00_100 Rev 1, 010_A_00_101 Rev 1, 010_A_00_102 Rev 1, 010_A_00_103 Rev 1, 010_A_00_200 Rev 1, 010_A_00_201 Rev 1, 010_A_00_210 Rev 1, 010_A_00_211 Rev 1, 010_A_00_300 Rev 1, 010_A_00_301 Rev 1, 010_A_00_302 Rev 1, 010_A_00_303 Rev 1, 010_A_10_050 Rev 2, 010_A_10_060 Rev 2, 010_A_10_100 Rev 2, 010_A_10_101 Rev 2, 010_A_10_102 Rev 2, 010_A_10_103 Rev 2, 010_A_10_200 Rev 2, 010_A_10_201 Rev 2, 010_A_10_210 Rev 2, 010_A_10_211 Rev 2, 010_A_1-_300 Rev 2, 010_A_10_301 Rev 2, 010_A_10_302 Rev 2, 010_A_10_303 Rev 2.

 

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

 

03 Before the development hereby approved is first occupied or brought into first use, the materials for the external surfaces of the extensions and alterations hereby approved, including the brick infill bonding patterns and signage, shall be as set out on approved plan references 010_A_10_300 Rev 2, 010_A_10_301 Rev 2, 010_A_10_302 Rev 2 and 010_A_10_303 Rev 2 or in accordance with any other alternative materials, details of which shall 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 nearby Leigh 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), National Design Guide (2021) and Leigh Conservation Area Appraisal (2021).

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no new windows, doors or Juliette balconies shall be installed at the site unless and until full product details for the proposed aluminium windows including colour and detailed design drawings showing the window reveals and fixing of the Juliette balconies within the reveals at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed 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, character and appearance of the area including the adjacent Leigh 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), National Design Guide (2021) and the Leigh Conservation Area Appraisal (2021).

 

05 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works except for demolition works shall take place 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 and soft landscaping works shall be carried out prior to first use or first occupation of the development hereby approved. The details submitted shall include, but not be limited to:

 

i) Full details of any replacement hardsurfacing or boundaries.

ii) Full details of the number, size and location of trees, shrubs and plants to be planted together with a planting specification and landscaping management plan.

iii) Details of measures to enhance biodiversity within 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 agreed with the Local Planning Authority under the terms of this condition.

 

Reason: In the interests of the visual amenities, character and appearance of the area including the adjacent 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).

 

06 No externally mounted extraction or ventilation plant or equipment including ducting, flues, ventilation grilles, fans and air conditioning units shall be installed on or in association with the development hereby approved without express planning permission having first been obtained from the Local Planning Authority.

 

Reason: In the interests of the residential amenity of the future and nearby residents and in the interests of visual amenity and to ensure that the building makes a positive contribution to the character of the area including the adjacent Leigh 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) and the Leigh Conservation Area Appraisal (2021).

 

07 Prior to the occupation of the development hereby approved, full details of the proposed first and second floor windows on the east elevation shall be submitted to and approved in writing by the Local Planning Authority. These details shall demonstrate the use of obscure glazing (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy) and restricted north side hinged opening only as shown on plan reference 010_A-10_302 Rev 2. 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. The windows shall be implemented in full accordance with the agreed details and retained as such for the lifetime of the development.

 

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 the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

08 The 5 car parking spaces and the associated vehicular access for the spaces to have access from the public highway, shown on approved plan 010_A_10_060 Rev 2 shall be provided and made available for use at the site prior to the first occupation or first use of the development hereby approved. The car parking spaces 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.

 

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).

 

09 A) The development hereby approved shall not be first occupied or brought into first use unless and until the refuse and recycling stores to serve the development as shown on approved drawing 010_A_10_100 Rev 2 have been provided at the site and made available for use by users and occupiers 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) Notwithstanding the details submitted and otherwise hereby approved, the development hereby approved shall not be first occupied or brought into first use until and unless a Waste Management Plan and Strategy, setting out the waste management and collection arrangements for the development, including vehicle loading position, frequency and timings of refuse and recycling collection is implemented in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be managed in accordance with the approved Waste Management Plan and Strategy prior to its first use or first occupation and shall be retained as such for the lifetime of the development thereafter.

 

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 adjacent 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 (20210.

 

10 Notwithstanding the plans submitted and otherwise approved, the development hereby approved shall not be first occupied or brought into first use until and unless secure, covered cycle storage has been provided at the site in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved cycle storage shall be made available for use by the occupants of the commercial and residential development hereby approved prior to its first use. The cycle storage shall be retained as such for the lifetime of the development thereafter.

 

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).

 

11 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 under the terms of this condition. 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.

 

Reason: This pre-commencement condition is required to minimise the environmental impact and disturbance to existing residents, 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 and DM3.

 

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

 

13 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).

 

14 The use of the ground floor commercial area shall be solely used within Use Class E (c) as defined within the Town and Country Planning (Use Classes) Order 1987 as amended and shall not be used for any other purpose, nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provisions equivalent to those Classes in any statutory instrument revoking and re-enacting these Orders.

 

Reason: To determine the scope of the permission in the interest of the character and functionality of the area and the amenities of the building’s residential occupiers and surrounding residential dwellings in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

15 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).

 

16 Notwithstanding the information submitted and otherwise hereby approved, the commercial unit at ground floor hereby approved shall not be brought into first use unless and until a service plan including full details of how the unit will be serviced, including how deliveries and collections to and from the site will be made and their timings, has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The servicing of the development shall thereafter be undertaken in strict accordance with the approved service plan for the lifetime of the development.

 

Reason: In the interests of the amenities of neighbours and to ensure a good general environmental standard in accordance with the National Planning Policy Framework (2023), Policy KP2 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Plan (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:

 

01 You are advised that as the proposed development equates to less than 100sqm of new floorspace and does not involve the creation of a new dwelling (Class C3), 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 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) for further details about 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 Asbestos - Prior to any alterations to the existing buildings an appropriate Asbestos survey of the buildings should be undertaken and a scheme implemented to remove and safely dispose of any asbestos-containing materials in accordance with the Control of Asbestos Regulations 2012 and the applicant's/developer's Waste duty of care.

 

04 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’.