Proposal:  Erect building to be used as sports hall (Class D2) adjoining existing building

Applicant:  Southend-on-Sea Borough Council

Agent:  SKArchitects

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 hereby permitted shall be carried out in accordance with the following approved plan: 453P01, 453P02

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

03.  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition and site clearance works, until samples of the materials to be used in the construction of the external elevations of the building hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out only in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy 2007, Policy DM1 and DM3 of the Development Management Document 2015 and the Design and Townscape Guide 2009.

04.  Other than the demolition and site clearance, no development shall take place until a site investigation of the nature and extent of any land contamination present has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority.

The results of the site investigation shall be made available to the local planning authority before any construction begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority before any construction begins. The site shall be remediated in accordance with the approved remediation measures before the development hereby approved is occupied and evidence to demonstrate that the remediation has taken place shall be submitted in writing to the Local Planning Authority before the development is occupied. 

If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and these shall be fully implemented before the site is occupied.

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 DPD1 (Core Strategy) 2007 policy KP2 and Policies DM1 and DM14 of the Development Management Document (2015).

05.  Prior to first occupation of the sports hall hereby permitted, a Community Use Agreement shall be submitted to and approved in writing by the Local Planning Authority. The Community Use Agreement submitted shall include, but not be limited to, details of the following:

(i)  Hours of opening for the different sporting and community facilities provided at the site.

(ii)  Pricing policy on charging for use of the facilities provided at the site.

(iii)  Policy on access and availability to the sites facilities for non-school users and non-members.

(iv)  Management arrangements for the site and facilities provided, including a mechanism for review of the Community Use Agreement.

(v)  Parking arrangements for users of the site, including cycle parking.

(vi)  Code of conduct for users of the site.

The development shall be occupied in full accordance with the approved Community Use Agreement in perpetuity from the first occupation of the site. 

Reason: To secure well managed access to the sports and community facilities provided by the scheme and to ensure sufficient benefit to the development of sport in accordance with the National Planning Policy Framework (NPPF) and policies CP6, CP7 of the Core Strategy (2007).

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

Reason: In the interests of providing sustainable development in accordance with the National Planning Policy Framework (NPPF) and Policy KP2 of the Core Strategy (2007).

07.  No development shall take place until details of the implementation, adoption, maintenance and management of the drainage system to be used at the site have been submitted to and approved in writing by the local planning authority. This shall include full details of the sustainable urban drainage systems to be used and how these have been selected. The system shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable urban drainage system throughout its lifetime.

Reason: In order to ensure a satisfactory standard of sustainable drainage and to prevent environmental and amenity problems arising from flooding in accordance with the National Planning Policy Framework (NPPF), Policies KP2 and CP4 of the Core Strategy (2007) and policy DM2 of the Development Management Document (2015)

08.  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. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide

for:

•  the parking of vehicles of site operatives and visitors;

•  loading and unloading of plant and materials;

•  storage of plant and materials used in constructing the development;

•  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

•  wheel washing facilities;

•  measures to control noise and the emission of dust and dirt during construction;

•  a scheme for recycling/disposing of waste resulting from demolition and construction works;

•  hours of work.

Reason: To protect residential amenity and general environmental quality

in accordance with the general principles of the National Planning Policy Framework (NPPF); Core Strategy (2007) policies KP2, CP4; Development Management Document (2015) Policies DM1 and DM14.

09.  The use of the development hereby approved shall be used for no purposes other than for those falling within Use Class D1 or a D2 or combination thereof.  Notwithstanding the content of the Town and Country Planning (General Permitted Development) Order 2015 (as a mended) or any order revoking of amending or re-enacting this order, the development shall be used for no other purposes falling outside Use Class D1 and/or D2 as defined by the Town and Country Planning (Use Classes) Order 1987.

Reason: In order to protect the impacts on community infrastructure in accordance with policy CP6 of the Core Strategy (2007).

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.

Informatives

01.  Community Infrastructure Levy Liability Notice (CIL Regulation 65):- You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero due to the specific nature of the use. However, should the nature of the use change then you are advised to contact the planning department to discuss the requirement for planning permission and CIL liability. See www.southend.gov.uk/cil for further details about CIL.

02.  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  also  to  the  relevant  sections  of  the  Control  of Pollution Act 1974. The provisions apply to the construction phase and not solely to the operation of the completed development. Contact 01702 215005 for more information.

03.  The developer should also consider control measures detailed in Best Practice Guidance “The control of dust and emissions from construction and demolition”. http://www.london.gov.uk/priorities/planning/supplementary-planning-guidance.

04.  The applicant is advised that the design and layout of the sports hall should comply with the relevant industry Technical Design Guidance, including guidance published by Sport England, National Governing Bodies for Sport. Particular attention is drawn to Sport England’s “Sports Hall Design & Layouts” design guidance note; https://www.sportengland.org/facilities-planning/design-and-cost-guidance/.