Proposal: Approval of Reserved Matters including details of appearance, layout, and scale relating to the development of the site, comprising of 210 residential dwellings (Class C3) with associated infrastructure, cycle and car parking, public open space, play and refuse recycling details, submission of details for discharge of conditions  2 (Phasing Plan), 8 (Existing and Proposed Site Levels), part discharge of condition 11 (Landscaped Areas and Play Space), 13 (Timetable for Implementation of Biodiversity Mitigation Measures), 16 (Timetable for Implementation of Ecology Enhancement Measures), 20 (Cycle Parking Details), 25 (Refuse and Recycling Details), 28 (Flood Risk and Drainage Strategy), 34 (Part M4(2) and (3) details) (Approval of reserved matters following outline permission 20/01227/OUTM dated 26/02/2021)

Applicant: C/O Agent

Agent: Mr Giuseppe Cifaldi of Savills

 

Mr Lovett, a local resident, spoke as an objector to the application. Mr Wheeler responded on behalf of the Applicant’s Agent.

 

Resolved:-

 

(a) That the Executive Director for Environment and Place, the Director of Planning and Economy, and the Service Manager - Development Management and Enforcement be DELEGATED to amend the description of development in so far as it relates to only the application reference number to reflect the decision made on application reference 24/00237/AMDT.

 

(b) That, subject to the granting of permission for application reference 24/00237/AMDT, the Executive Director for Environment and Place, the Director of Planning and Economy, and the Service Manager - Development Management and Enforcement, be DELEGATED to APPROVE RESERVED MATTERS application reference 24/00311/RESM in relation to condition 03 of planning permission ref 24/00237/AMDT subject to conditions as 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 permitted shall be carried out in accordance with the following  approved  plans:  BA9923-2001A,  BA9923-2002A,  BA9923-2003C, BA9923-2004D,  BA9923-2005D,  BA9923-2011D,  BA9923-2111C,  BA9923-2112B, BA9923-2113C,  BA9923-2114C,  BA9923-2203B,  BA9923-2204A,  BA9923-2570A, BA9923-2571A,  BA9923-2572A,  BA9923-2574A,  BA9923-2575,  BA9923-2576A, BA9923-2578A,  BA9923-2580A,  BA9923-2600B,  BA9923-2601B,  BA9923-2602B, BA9923-2603B,  BA9923-2604B,  BA9923-2605B,  BA9923-2606B,  BA9923-2607A, BA9923-2610B,  BA9923-2612B,  BA9923-2640B,  BA9923-2641A,  BA9923-2642B, BA9923-2650B,  BA9923-2652B,  BA9923-2660A,  BA9923-2662A,  BA9923-2670B, BA9923-2672B,  BA9923-2680A,  BA9923-2682A,  2105160-002,  2105160-003, 2105160-300, PR243-01M Landscape Master Plan.

 

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

Design Quality Conditions

 

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above lower ground floor slab level shall take place unless and until full detailed design drawings and cross sections of the key design features including the full details of window details including reveals, window surrounds and projecting oriel windows, gabled roof verge and eaves details, entrance canopies and porches, balconies and balustrades, parapet to flat roofed designs and details of all types of brick decoration 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.

 

Reason: To safeguard the visual amenities of the area, including the impact on nearby heritage assets, 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 National Design Guide (Rev 2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

Details and Management of Green Wall Screens

 

04 A. No construction works above lower ground floor slab level for Blocks A and B of Home Zone 1 hereby approved shall take place unless and until full design details and cross sections of the feature pergola at a scale of 1:10 or 1:20 as appropriate have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition, together with full planting details and a Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for the pergola planting. The feature pergola shall be provided in full accordance with those approved details   prior to the first occupation of the development hereby approved. The landscaping of this feature shall be managed in accordance with the approved plans and details from first occupation in perpetuity.

 

B. No construction works above lower ground floor slab level for block C in Home Zone 1 and all other flatted blocks in Home Zones 3 and 4 shall take place until the full design and planting details for the green screens, including a landscape management and maintenance plan have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The green screens shall be provided in full accordance with those approved details prior to the first occupation of the development hereby approved.  The landscaping of the green screening shall be managed in accordance with the approved plans and details from occupation in perpetuity.

 

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

Residential Amenity Conditions

 

05 All first floor rear windows of dwellings on plots 26 and 31 within the development 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, or such equivalent) and fixed shut up to a height of not less than 1.7m above the relevant rooms’ internal finished floor level before the occupation of each of those dwellings The windows shall be retained as such thereafter 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 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).

 

06        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, roof enlargements, outbuildings or hardstandings shall be created at the development hereby approved specified within Schedule 2, Part 1, Classes A, B, D, E and F of the Town and Country Planning (General Permitted Development) Order 2015 without the prior receipt of express planning permission.

 

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 including the impact on the setting of nearby heritage assets in accordance 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 Shoebury Garrison Conservation Area Appraisal (2021).

 

Waste Management Arrangements

 

07 The development within each Home Zone approved under this permission shall not be first occupied unless and until a Waste Management Plan for that Home Zone has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall only be implemented in accordance with the approved details from first occupation of each Home Zone and must be maintained as such in perpetuity thereafter.

 

Reason: To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2, CP3 and CP4 of the Core Strategy (2007) and Policies DM1, and DM15 of the Development Management Document (2015).

 

RSBP Enhancements

 

08 The RSPB ecological enhancement measures as set out in Table 1 of the Ecological supporting note in response to RSPB comments on application 24/00311/RESM by SES dated 9.5.24, shall be implemented in full prior to the occupation of each phase of the development hereby approved.

 

Reason: In the interests of biodiversity in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, and Development Management Document (2015) Policy DM2.

 

Electric Vehicle Charging

 

09 Prior to the first occupation of the development hereby approved full details of the proposed electric vehicle charging arrangements for the site shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved details shall then be installed at each dwelling, prior to the first occupation of that unit as agreed under this condition.

 

Reason: In the interests of sustainability and in accordance with the Southend Electric Vehicle Charging Infrastructure Supplementary Planning Document (2021).

 

10 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above lower ground floor slab level of Home Zones 2 and 3 shall take place unless and until full detailed design drawings of the external lifts in each of these Home Zones have been submitted to and approved in writing by the Local Planning Authority. The agreed lift details shall then be installed and the lifts shall be operational prior to the first occupation of the Home Zone to which they relate. The lifts shall be retained for the lifetime of the development and maintained in good working order at all times.

 

Reason: To ensure the residential units hereby approved are accessible to all 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 (2009).

 

(c) That, subject to the granting of permission for application reference 24/00237/AMDT,  the Executive Director (Environment and Place), the Director of Planning and Economy, and the Service Manager - Development Management and Enforcement, be DELEGATED to GRANT DISCHARGE OF THE FOLLOWING PLANNING CONDITIONS in FULL or PARTIALLY for planning permission 24/00237/AMDT as set out below:

 

Condition 02 (Phasing Plan)

 

02 The submitted details, including the phasing plan reference Drawing BA9923-1005-07 (Shoebury Garrison - Phasing Plan) are considered to satisfy the requirements of Condition 02 (Phasing Plan) of planning permission 24/00237/AMDT, are acceptable in all relevant regards and are hereby approved in so far as they relate to the housing part of the overall site subject of the outline planning permission only.

 

Condition 08 (Existing and Proposed Levels)

 

08 The submitted details including Drawing BA9923-2002 (Topography Survey) and Drawing 2105160-300 (External Levels Strategy) are considered to satisfy the requirements of Condition 08 (Existing and Proposed Levels) of planning permission 24/00237/AMDT, are acceptable in all relevant regards and are hereby approved in so far as they relate to the housing part of the overall site subject of the outline planning permission only.

 

Part discharge of condition 11 (Landscaping for Play Space Areas only)

 

11 The submitted details of the Landscaped Areas and Play Spaces as set out on drawing references  PR243-01M Landscape Master Plan, Drawing PR243-02 (Leap Play Area Proposals), Drawing PR243-03 (Lap Play Area Proposals) and Drawing PR243-04A Informal Play Areas are considered to satisfy part of the requirements of Condition 11 (Landscaping for Play Space Areas only) of planning permission 24/00237/AMDT,  are acceptable in all relevant regards and are hereby approved. Condition 11 is part discharged. Details of the remaining details of the remaining site wide landscaping will require a further submission of details for approval at a later date. 

 

Condition 13 (Timescale for the implementation of Biodiversity Mitigation Measures)

 

13 The submitted details of the timescales for the implementation of Biodiversity Mitigation Measures, including the amended mitigation measures for the site in relation to badgers, as set out in Residential Reserved Matters Application – Ecological Condition Discharge Document Conditions 13 to 17 by SES dated February 2024 are considered to satisfy the requirements of Condition 13 (Timescale for the implementation of Biodiversity Mitigation Measures) of planning permission 24/00237/AMDT, are acceptable in all relevant regards and are hereby approved in so far as they relate to the housing part of the overall site subject of the outline planning permission only.

 

Condition 16 (Timetable for Ecological Enhancement Measures)

 

16 The submitted details of the timescales for the implementation of Ecological Enhancement Measures as set out in the Residential Reserved Matters Application – Ecological Condition Discharge Document Conditions 13 to 17 by SES dated February 2024 are considered to satisfy the requirements of Condition 16 (Timetable for Ecological Enhancement Measures) of planning permission 24/00237/AMDT, are acceptable in all relevant regards and are hereby approved in so far as they relate to the housing part of the overall site subject of the outline planning permission only.

 

Condition 20 (Cycle Parking Details)

 

20 The submitted details, including the cycle parking details, as set out on Drawings BA9923-2015C (Cycle Store Location Plan) and Bin and Bicycle Storage Schedule Rev A are considered to satisfy the requirements of Condition 20 (Cycle Parking Details) of planning permission 24/00237/AMDT, are acceptable in all relevant regards and are hereby approved in so far as it relates to the housing part of the overall site subject of the outline planning permission only.

 

Condition 25 (Refuse and Recycling Details)

 

25 The submitted details, including the refuse and recycling details, as set out on drawing BA9923-2014F (Refuse Store and Collection Plan) and drawing 2105160-003 (Site Layout – Swept Path Analysis) and Bin and Bicycle Storage Schedule Rev A are considered to satisfy the requirements of Condition 25 (Refuse and Recycling Details) of planning permission 24/00237/AMDT,  are acceptable in all relevant regards and are hereby approved in so far as it relates to the housing part of the overall site subject of the outline planning permission only.

 

Condition 28 (Flood Risk and Drainage Strategy)

 

28 The submitted details, including the sustainable drainage details for the development as set out in the Drainage Strategy Briefing Note by Ardent reference 2105160-R02 dated April 2024, Drawing 2105160-400B Proposed Drainage Strategy Home Zones 1 and 2, Drawing 2105160-401B Proposed Drainage Strategy Home Zones 2,3 and 4, Letter titled 24/00311/RESM – Flood Risk and Drainage Strategy from Ardent reference BC/2105160/LLFA Response dated 4.4.24, Ardent response to LLFA Drainage Queries dated 06.06.2024 and Drainage Calculations for Catchments A-D are considered to satisfy the requirements of Condition 28 (Flood Risk and Drainage Strategy) of outline planning permission 24/00237/AMDT,  are acceptable in all relevant regards and are hereby approved in so far as it relates to the housing part of the overall site subject of the outline planning permission only.

 

Condition 34 (Part M4(2) and (3) details)

 

34 The submitted details, including drawings BA9923-2700 M4(3) and M4(2) Compliance Flats and Houses, BA9923-2007E House Types Plan (showing location of M4(3) units,  BA9923-2206A M4(2) Accessibility HZ1, BA9923-2207 M4(2) Accessibility HZ2, BA9923-2208 M4(2) Accessibility HZ3 and BA9923-2209 M4(2) Accessibility HZ4 •      Planning Statement and Design and Access Statement satisfy the requirements of Condition 34 (Part M4(2) and (3) details) of planning permission 24/00237/AMDT, are acceptable in all relevant regards and are hereby approved in so far as they relate to the housing part of the overall site subject of the outline planning permission only.

 

Informatives

 

1. 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).

 

2. Please note that the conditions imposed on the Outline Permission 20/01227/OUTM are in force and need to be complied with. The applicant is advised that condition 19 of that outline permission will need to be varied as it is different to the parking arrangement proposed within this application.

 

3. 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.

 

4. The applicant is advised that if a crane or piling rig is required to construct the development a safeguarding assessment will need to be undertaken by the Airport. Applications should be directed to sam.petrie@southendairport.com / 01702 538521.

 

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.