Proposal:  Use vacant site as temporary car park (for a period of five years) and widen existing entrance onto Eastern Esplanade, changes to hard and soft landscaping, boundary treatments and associated works

Applicant:  Southend Borough Council

Agent:  Southend Borough Council

 

Resolved:  That TEMPORARY 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 permission hereby approved is for a temporary period of 5 years from the date of the permission only. After 5 years from the date of the granting of this permission, the use hereby approved shall permanently cease.

 

Reason: For the avoidance of doubt and in accordance with the National Planning Policy Framework and Policies KP1 and KP2 of the Core Strategy (2007).

 

03  The development hereby permitted shall be carried out in accordance with the following approved plans: C10913/17/P/008, C10913/3000/39/001, C10913/SUR01-1/B, SWEPT PATH PLAN.

 

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

 

04  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until full details of the 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. No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until the approved hard and soft landscaping works have been implemented in full in accordance with the approved details.  The details submitted shall include:

 

i.  proposed finished levels or contours; 

ii.  hard surfacing materials and means of enclosing the site (including elevations of all boundary treatments);  

iii.  details of the number, size and location of the trees, shrubs and plants to be planted together with a planting specification and details of the management of the landscaping site.

 

Reason: To safeguard the character and appearance of the surrounding area and the amenities of neighbouring occupiers in accordance with Policies DM1, DM3 and DM5 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

05  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until full details of the pay and display machines, electric charging equipment and ‘variable message sign’ to be installed have been submitted to and approved in writing by the local planning authority. No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until the pay and display machines, electric charging equipment and variable message sign have been provided on site in full accordance with the approved details.

 

Reason: To safeguard the character and appearance of the surrounding area and to ensure suitable facilities are provided in accordance with Policies DM1, DM3 and DM15 of the Development Management Document (2015) and Policies KP2, CP3 and CP4 of the Core Strategy (2007)

 

06  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until full details of the drainage infrastructure to be provided at the site have been submitted to and approved in writing by the local planning authority. No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until the approved drainage works have been undertaken in accordance with the approved details.

 

Reason: To ensure satisfactory drainage of the site in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM14.

 

07  The development hereby permitted shall not be carried out except in complete accordance with the approved Flood Risk Assessment undertaken by BdR, reference 18-0073 dated 28th February 2018, unless otherwise previously agreed in writing by the local planning authority.

 

Reason: To ensure the development is safe and to ensure compliance with the National Planning Policy Framework (NPPF) and Core Strategy Policies KP1 and KP2.

 

08  The development hereby permitted shall not be carried out except in complete accordance with the approved Geo-environmental Investigations undertaken by Ground and Environmental Services Limited, reference 11691-1 dated January 2018 unless otherwise previously agreed in writing by the local planning authority.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, to ensure compliance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM14,  Design and Townscape Guide (2009)

 

09  Prior to the installation of any geotextile membrane on the site, details of the material to be used, including full manufacturer’s specifications shall be submitted to and approved in writing by the local planning authority. The development shall be undertaken in accordance with the approved details only and thereafter permanently retained as such in perpetuity.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, to ensure compliance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM14, Design and Townscape Guide (2009)

 

10  Any external lighting installed shall be directed, sited and screened away from the adjoining and nearby residential properties and retained as such in perpetuity.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

11  The development hereby approved shall only be undertaken between 8am and 6pm Monday to Friday and 8am to 1pm Saturdays and at no other time whatsoever.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

12  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the a remediation strategy detailing how this unsuspected contamination shall be dealt with has been submitted to and approved in writing by the local planning authority. The remediation strategy shall be implemented in full as approved before further development is carried out. 

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, to ensure compliance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM14, Design and Townscape Guide (2009)

 

13  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on  the  site  and  no  development  involving  the  breaking  of  ground  shall be undertaken until a scheme that includes the following components to deal with the risks associated with contamination of the site has been submitted to and approved, in writing, by the local planning authority:

 

(1) A preliminary risk assessment which has identified:

•  all previous uses

•  potential contaminants associated with those uses

•  a conceptual model of the site indicating sources, pathways and receptors

•  potentially unacceptable risks arising from contamination at the site.

 

(2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

(3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

(4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

The approved scheme shall be implemented in full as approved.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, to ensure compliance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM14, Design and Townscape Guide (2009).

 

14  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until a verification report demonstrating completion of works set out in the approved remediation strategy under condition 13 of this consent and the effectiveness of the remediation has been submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, to ensure compliance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM14, Design and Townscape Guide (2009).

 

15  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until a long-term monitoring and maintenance plan in respect of contamination including a timetable of monitoring and provision of reports to the Local Planning Authority, has been submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, to ensure compliance with the National Planning Policy Framework (2012), Core Strategy (2007) Policies KP2, CP4 and CP8, Development Management Document (2015) Policies DM1, DM3 and DM8, Design and Townscape Guide (2009).

 

16  No closed circuit television (CCTV) shall be installed until full details of the CCTV have been submitted to and approved in writing by the local planning authority. The CCTV shall be implemented in accordance with the approved details.

 

Reason: In the interests of the visual amenity of the surrounding area and to ensure that the development complies with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

17  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until a plan setting out in full the management arrangements for the car park hereby approved, including the hours of operation, has been submitted to and approved in writing by the local planning authority. No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until the approved management plan is implemented in accordance with the approved details.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

18  No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until full details of the Eastern Esplanade access alterations have been submitted to and approved in writing by the local planning authority. No more than 120 cars or 70 cars and 29 coaches shall be permitted to park on the site until the approved access alterations have been undertaken in accordance with the approved details.

 

Reason: In the interests of highway safety and to ensure that the development complies with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policy CP3, Development Management Document (2015) policy DM15 and The Design and Townscape Guide (2009). 

 

19  The rear access gate on Burnaby Road shall only be use in an emergency and at no other times whatsoever.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

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

 

01  You are advised that as the proposed extension(s) to your property 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.

 

02  You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may 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 borough.

 

03  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.