Proposal:  Erect single storey building to be used as a non-residential institution (Class D1) and install ramp to front

Applicant:  Tram Stop Shelter Committee

Agent:  T C Matthew Chartered Architect

Planning permission GRANTED subject to the following conditions:

01  The development hereby permitted shall be begun not later than 3 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 permitted shall be carried out in accordance with the approved plans 12020-STP-001 Revision 1 Site Plan; 12020_P_P010 Revision 4; 12020_P_E010 Revision 5 Proposed Elevations and Section.

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

03. The use hereby permitted shall be carried out only by Tram Stop Shelter Committee for use by community groups in accordance with the details and particulars submitted with the application and by no other individual or organisation or for any other purpose including any other purpose falling within use Class D1.

Reason: To protect residential amenity and general environmental quality in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4, and DPD2 (Development Management Document) policies DM1, DM3 and the advice contained within the Design and Townscape Guide SPD1.

04  No development shall take place until details, and samples of the facing materials to be used on the development including the window details, shutters, glazing, doors, shutter housing to the entrance door, louvre doors, panels and access ramp details have been submitted to and approved in writing by the local planning authority. The works must then be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority before the building is brought into use or occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework Policies KP2 and CP4 of the Core Strategy 2007 and policies DM1 and DM3 of the Development Management DPD 2015 and the advice contained within the Design and Townscape Guide 2009.

05. No development approved by this permission shall be commenced until the Local Planning Authority has approved in writing a full scheme of highways works (including detailed designs and contract details) and the relevant highways approvals are in place including any relevant stopping up orders, in relation to the pedestrian ramp. The works shall thereafter be undertaken only in accordance with the approved details and completed prior to occupation of the building hereby approved unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of highways management and safety in accordance with (Core Strategy) DPD1 policy KP2 and CP3; and policy DM15 of the Development Management Document DPD2.

06  Prior to occupation of the development hereby approved details of refuse storage and collection shall be submitted to and agreed in writing by the local planning authority and then occupy in accordance with the approved details.

Reason: To protect the environment and provide suitable storage for waste and materials for recycling in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4.

07  Notwithstanding the provisions of the advertisement regulations (2007) as amended or any amendment, revocation or alteration of these regulations advertisements of any sort shall not be displayed at the site other than in accordance with details that have previously been submitted to and approved in writing by the local planning authority.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework Policies KP2 and CP4 of the Core Strategy 2007 and policies DM1 and DM3 of the Development Management DPD 2015 and the advice contained within the Design and Townscape Guide 2009.

08  Live or recorded music which is audible outside the site boundary must not be played on the premises at any time.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework, policies KP2 and CP4 of the Core Strategy DPD1 (2007) and Policies DM1 and DM3 of the Development Management DPD (2015).

09  The building hereby approved shall not be open for use outside the hours of 08:00 – 22:00 hours Monday to Sunday including Bank Holidays.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework, policies KP2 and CP4 of the Core Strategy DPD1 (2007) and Policies DM1 and DM3 of the Development Management DPD (2015).

10  A scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the occupation of the development hereby approved. This provision shall be made for the lifetime of the development.

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007), Development Management Document (2015) Policy DM2 and the advice contained within the Design and Townscape Guide (2009).

11  Construction hours shall be restricted to between 7.30am – 6pm Monday to Friday, 8am – 1pm on Saturdays and not at all on Sundays or Bank Holidays.

Reason: To protect residential amenity and general environmental quality in accordance with National Planning Policy Framework, DPD1 (Core Strategy) 2007 policies KP2 and CP4, and DPD2 (Development Management) 2015 policies DM1, DM3 and the advice contained within the Design and Townscape Guide.

12  No construction works involving heavy plant or machinery are to be undertaken during the period from 1 October to 31 March inclusive and at no time unless agreed in writing by the Local Planning Authority.

Reason: To ensure the nature conservation interests of the area are protected considering the sites location in relation to Benfleet and Southend Marshes Site Scientific Special Interest, RAMSAR, Special Protection Areas pursuant to Policy KP2 of the Southend on Sea Core Strategy 2007.

13  No materials or waste are to be deposited within the Benfleet and Southend Marshes SSSI, SPA and Ramsar site, outside the boundary of the area that the planning application refers to.

Reason: To ensure the nature conservation interests of the area are protected considering the sites location in relation to Benfleet and Southend Marshes SSSI, RAMSAR and SPA site, pursuant to Policy KP2 of the Southend on Sea Core Strategy 2007.

14  Prior to installation of any external lighting, details of the proposed lighting, including design, siting, luminance, hours of illumination and an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed only in accordance with the approved scheme and shall be maintained as such in perpetuity.

Reason: To protect the amenities of neighbouring properties and the general environmental quality in accordance with, National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, and DPD2 (Development Management Document) 2015 policy DM1.

15. Not less than 3 months prior to the first occupation of the development hereby permitted a Traffic Management Plan, prepared in accordance with all relevant technical and good practice guidance, and which includes a comprehensive survey of all users, targets to reduce car journeys to the community facility, identifying sustainable transport modes including cycling and modes of public transport and that identifies opportunities for off street staff parking and minimising road safety risks, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be occupied and managed in accordance with the approved Traffic Management Plan from first occupation of the development.

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with the NPPF, DPD1 (Core Strategy) 2007 policy KP2, CP3 and CP4, DPD2 (Development Management Document) policy DM15, and SPD1 (Design and Townscape Guide).

Informative

01  You are advised that as the proposed new building 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 CIL.

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.