Proposal: Application to vary condition 02 (Approved Plans)-change layout of ground floor 3 bed flat and alter layout of first-floor units by removing the loft accommodation to flat 3 and having the two first-floor flats provided over one floor only (Material Amendment of planning permission 22/01046/FUL dated 12/07/2022)

Applicant: Mr Engel

Agent: Mr. Shloime Godlewsky of Redwoods Projects

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

Resolved:-

That planning permission be GRANTED subject to the following conditions:

General Conditions

01  The development hereby permitted shall begin no later than three years beginning with the date of this permission.

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 solely in accordance with the approved plans: E00, E01, E02, E03, E04, E05, E06, E07, P01, P02, P03, P04, P05, P06, P07

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

Design and character related conditions

03  The residential units hereby approved shall not be occupied unless and until full details of both hard and soft landscaping works to be carried out at the site have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include, but not limited to:-

(i.) means of enclosure and boundary treatment for the site plus internal boundaries within the site including any gates or boundary fencing; 

(ii.) hard surfacing materials;

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

(iv.) 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 may be agreed with the Local Planning Authority under the provisions 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).

Highways and bin storage

04  The car parking spaces shown on approved plan P01A shall be provided and made available for use at the site prior to the first occupation of the development hereby approved. Both of the resident parking spaces shall be fitted with an active electric vehicle charging point prior to first occupation of the residential units hereby approved. The car parking spaces shall thereafter be permanently retained only for the parking of vehicles of the occupiers and visitors to the residential units hereby approved.

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 the guidance in the Southend-on-Sea Design and Townscape Guide (2009) and the Electric Vehicle Charging Infrastructure (EVCI) for New Development Supplementary Planning Document (SPD) (2021)

05  Notwithstanding the details submitted and otherwise hereby approved full details (including elevations) shall be submitted to and approved in writing by the Local Planning Authority under the provisions of this condition identifying the provision of refuse and recycling storage in line with the Waste Storage, Collection and Management Guide for New Developments (2019) and at least one covered and secure cycle parking per residential unit for the approved development at the site before the development is occupied. The approved refuse and recycling store and covered and secure cycle store facilities shall be provided in full and made available for use by the residential occupants of the dwellings prior to the first occupation of the residential units hereby approved and shall be retained as such in perpetuity.

Reason: To ensure the provision of adequate cycle, refuse and recycling storage in accordance with Policies DM3, DM8 and DM15 of Development Management Document (2015) and guidance contained in the Waste Storage, Collection and Management Guide for New Developments (2019).

Energy and water sustainability

06  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 shall be submitted to and agreed in writing by the Local Planning Authority pursuant to this condition and implemented in full prior to the first occupation of the development. This provision shall be made for the lifetime of the development and in accordance with the agreed details.

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

07  Prior to first occupation of the development hereby approved water efficiency design measures set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to 105 litres per person per day (lpd) (110 lpd when including external water consumption), including measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be installed in the development hereby approved and be retained in perpetuity thereafter.

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).

08 Notwithstanding the provisions of the Town & Country Planning Use Classes Order 1988 (as amended) and the Town & Country Planning General Permitted Order 2015 (as amended), or any order modifying, revoking or reenacting these orders, the residential units within the development hereby approved shall each only be used for purposes falling within Use Class C3 of the Use Classes Order and shall not be used for the provision of House in Multiple Occupation Units including uses falling within Class C4 of the Use Classes Order.

Reason: To ensure that the end use of the development accords with the approved details and in the interests of the amenity and parking conditions of the surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Development Management Document (2015) Policies DM1 and DM3.

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

Reason: To protect the environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Positive and Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

Informatives:

1. Please note that the development the subject of this application is not liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended). It is not development for CIL purposes as defined in CIL Regulation 6 ('Meaning of "development"'). 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. Please note that you are required to apply to the Highways Authority for consent to enlarge an existing vehicular crossover installed on Cobham Road.

4. This permission does not regularise the identified breach of planning control at the site. You must ensure that the development at the site complies with this permission, including with the requirements of the imposed conditions, failing which the Council will consider the expediency of taking planning enforcement action to seek to remedy any identified harm.