Proposal: Erect a detached single storey flat roof building with downlighting on elevations and PV solar panels and rooflights to roof to provide a four classroom block with supporting accommodation to rear boundary (south) of main school building, install external timber storage for push buggy/strollers, provide space for emergency vehicle turning, extend existing footpath and other associated works

Applicant: Audrey McLellan of The St. Christopher School

Agent: Mr Sam Milne of The Livemore Partnership

 

Mr Yates, a local resident, spoke as an objector to the application.  Mr Woodman (headteacher), responded on behalf of the applicant.

 

Resolved:-

 

That the Executive Director (Environment & Place), Director of Planning and/or Economy or the Service Manager - Development Management and Enforcement be DELEGATED to GRANT planning permission subject to the conditions set out below, provided any additional representations received up to the end of 19 December 2024 do not raise any new considerations which have not been addressed within the report. Should further representations be received up to that date which raise new considerations not already addressed within this report the application is to be brought back to Development Control Committee for determination.

 

01 The development hereby permitted shall begin no later than three years of 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 17478-12I, 17478-14D, 17478-16C.

 

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

 

03 Before the building hereby approved is brought into first use the materials for its external surfaces shall be as set out on approved plan reference 17478-14D and application form dated 19/06/2024 or in accordance with any other 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 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 Southend-on-Sea Design and Townscape Guide (2009) and the National Design Guide (2021).

 

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 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 works shall be carried out prior to first use of the development and the soft landscaping works 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 levels;

ii) Means of enclosure of the site including any gates or boundary fencing; 

iii) Hard surfacing materials including any replacement astro turf; 

iv) Full details of any associated structures (e.g. benches, planters, play equipment etc.).

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

vi) 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 terms of this condition.

 

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

 

05 Notwithstanding the details shown on the submitted plans and the Drainage Strategy Report by DBS reference 230327 dated July 2024 and updated Indicative Drainage Layout Plan reference 230327-04 T3 and otherwise hereby approved, no drainage infrastructure, including earthworks, associated with this development shall be undertaken unless and until the following details have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition:

 

i) Drainage calculations with greenfield runoff rate utilising a climate change of 45%.

ii) A SuDS management plan including details of who is responsible for management and maintenance.

 

The approved drainage scheme shall be implemented in accordance with the approved details before the development is brought into first 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), Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

06 Prior to the commencement of development, tree protection measures shall be implemented in full accordance with the details set out in the Arboricultural Impact Assessment by Tree Fella Rev 1 dated 18.6.24 and Tree Protection Plan dated 20.5.24. These protection measures shall be maintained throughout the construction of the development. The development within the root protection areas of adjacent trees shall then be carried out in full accordance with the method statement set out within the Arboricultural Impact Assessment by Tree Fella Rev 1 dated 18.6.24 and the piling arrangement shown on plan reference 230327-01 T3 (General Arrangement Pile Setting Out Plan).

 

Reason: A pre commencement condition is required to safeguard the health of existing trees which represent an amenity feature in accordance with Core Strategy (2007) Policies KP2 and CP4, Policy DM1 of the Development Management Document (2015) and the advice contained in the Southend -on-Sea Design and Townscape Guide (2009).

 

07 The development hereby approved shall be carried out in full accordance with the noise mitigation measures detailed in the 'Noise Impact Assessment of Proposed Classroom Extension Block’ dated 20 May 2024 by HA Acoustics (report Ref: HA/AG168/V1). The measures shall be fully implemented as set out in this report prior to the first use of the development hereby approved and maintained on site as approved in perpetuity.  Noise from plant and equipment including ventilation and heating equipment shall be limited to at least 10 dB(A) below the background noise level including any penalties for noise characteristics such as tone and intermittency.

 

Reason: In order to protect the amenities of occupiers of surrounding occupiers in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

08 No external lighting shall be installed on the south and west elevations of the building hereby approved other than in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority under 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”.

 

Reason: A condition is justified to protect the amenities of neighbours and to ensure any protected species and habitats utilising the site are adequately protected in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2 and Development Management Document (2015) Policies DM1 and DM2.

 

09 In the event that contamination is found at any time when carrying out the approved development work must cease and it must be reported in writing immediately to the Local Planning Authority under the terms of this condition. Works must not re-commence until and unless an investigation and risk assessment has been undertaken, submitted to and approved in writing by the Local Planning Authority. Where remediation is necessary, a remediation scheme must be prepared, submitted to and approved in writing by the Local Planning Authority before works recommence. The agreed remediation measures must then be implemented in full and a verification report must be submitted to and approved in writing by the Local Planning Authority prior to the first use of the development hereby approved. Investigation, remediation and verification must be undertaken 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 such purposes.

 

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).

 

10 The development hereby approved shall not be first used unless and until a final Certificate has been issued certifying that a BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating of at least “Very Good” has been achieved for the development and a copy of this certification has been submitted to the Local Planning Authority under the provisions of this condition.

 

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), Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

11 Prior to the first use of the development hereby approved, the requirement for at least 10% renewable energy for the development shall be installed in full compliance with the details set out in the Energy Strategy by Hulley & Kirkwood Issue 1 dated 05.24 and the roof plan on drawing reference 17478-14D or in accordance with any other details which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition. All sinks and sanitaryware shall be low water usage.

 

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 Southend-on-Sea Design and Townscape Guide (2009).

 

12 The proposed site clearance and construction works for the development hereby approved shall be carried out in full accordance with the recommendations set out in the Preliminary Ecological Appraisal by Matthew Game rev 2 dated 10.6.24 and Table 2 of the Ecological Enhancement and Management Plan by Matthew Game rev 2 dated 10.6.24 or in accordance with any other details that have been previously submitted to and agreed in writing by the Local Planning Authority under the terms of this condition.

 

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

 

13 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;

viii) Details outlining how surface water will be managed during the construction phase including details on the phasing of drainage installation relative to wider works.

 

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 & DM3.

 

14 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).

 

15 The development hereby approved shall only be used for educational purposes falling within use class F.1 as defined within the Town and Country Planning (Use Classes) Order 1987 as amended.

 

Reason: To determine the scope of the permission in the interest of neighbour amenity 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 and advice contained within the Southend-on-Sea Design and Townscape Guide.

 

 

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 Community Infrastructure Levy Liability Notice: You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero under the CIL Regulations 2010 (as amended) due to the specific nature of the use. However, should the nature of the use change then you are advised to contact the Planning and Building Control Group to discuss the requirement for planning permission and CIL liability.

 

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 Biodiversity Net Gain - The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

 

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

 

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Southend on Sea City Council.

 

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

 

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

 

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.

 

If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.

 

Those circumstances are that the conditions subject to which the section 73 permission is granted:

 

i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and

 

ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.

 

Where development is to proceed in phases Biodiversity Gain Plans are required before development may be begun (the overall plan) and required before each phase of development may be begun (phase plans).

 

04 Construction outside of normal hours - If construction works are to be considered outside of normal hours especially overnight or are expected to cause a nuisance to existing receptors it is recommended that the applicant applies for a prior consent application under section 61 of the Control of Pollution Act 1974. A consent enables the applicant to conduct the works without the worry of enforcement provided they comply with it. The applicant will have to submit details of any noisy works including type of plant and machinery to be used, proposed daily start and finish times, consultation with nearby residents and businesses and duration and time scales of the works. The applicant will need an acoustically qualified person who will be able to calculate the predicted noise levels form the operation and the impact on nearby residents and then be able to evaluate mitigation measures that can be used.  If Regulatory Services become aware of any works that are highly likely to cause a nuisance they can serve a notice under section 60 of the Control of Pollution Act 1974 to prevent this. A breach of this will represent a criminal offence. The application form and guidance are available on the Southend-on-Sea City Council website. The applicant can also contact the Regulatory Services Team at Southend-on-Sea City Council for details.

 

05 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. The applicant is also reminded that this permission is separate to the need to comply with Food Safety and Health & Safety at Work laws. These will include the Food Safety Act 1990 (as amended), the Food Hygiene (England) Regulations 2013, Regulation (EC) 852/2004 and the Health and Safety at Work Etc. Act 1974. Applicants should contact the Council’s Regulatory Services Officer for Food and Health and Safety for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea City Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.