Proposal: Erect parking platform to rear at street level with wire balustrade and undercroft garden room, form vehicle crossover onto Grand Parade

Applicant: Mr Martin Adams

Agent: Mr Danny Knott of DK Building Designs

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: MA05 Sheet 01 of 02, MA05 Sheet 02 of 02.

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 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition works and the construction above foundation level, until full details and specifications of the materials to be used in the construction of the development, including, the hardstanding, external walls and balustrades hereby permitted have been submitted to and agreed in writing by the Local Planning Authority pursuant to this condition. Details of the proposed balustrading should be submitted at a scale of 1:20. The development shall be carried out in full accordance with the approved details before it is occupied.

Reason: In the interests of visual amenity to ensure that the development hereby approved does not materially harm public views of the estuary available from Grand Parade. This is set out in the National Planning Policy Framework (2023), Core Strategy (2007), Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM6 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

04 The garden room hereby approved shall not be used or occupied at any time other than for purposes incidental to the enjoyment of the residential use of the dwelling known as 98 Undercliff Gardens, Leigh-on-Sea and furthermore shall not be used or occupied as a separate dwelling.

Reason: To protect the amenities of existing and future occupiers, to protect the privacy and environment of people in neighbouring residential properties, to ensure adequate parking provision and in the interests of highway safety in accordance with Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM15 advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

05 Prior to first use of the platform hereby otherwise approved, for the parking of vehicles, a vehicular crossover must be installed in accordance with the approved plans MA05 Sheet 01 of 02, MA05 Sheet 02 of 02. 

Reason: In the interest of highway safety in accordance with Core Strategy (2007) Policy CP3 and Development Management Document (2015) Policy DM3 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Informatives

1. You are advised that as the development equates to less than 100sqm of new floorspace 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 www.southend.gov.uk/cil for further details about the Levy.

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. The granting of this permission does not negate the need for Highways Consent for the permanent vehicular crossing and there is no guarantee that you will automatically be granted Highways Consent for this. Applications for permanent vehicular crossings made under Planning Legislation consider a broader range of criteria in comparison to applications made under Highways legislation. They are separate regimes and different requirements apply to each. You will be expected to demonstrate that formation of the crossover subject of the application for separate application required for highways consent does not prejudice the health of the street tree including its root system.

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.