Proposal:  Demolish existing building and erect 5 storey building incorporating 21 self-contained flats with balconies/terraces, layout parking and cycle stores at basement level, refuse store and amenity space (Amended Proposal)

Applicant:  Property Generation Services Limited

Agent:  Pomery Planning Consultants

 

Resolved: 

 

(a)  That the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager of Planning & Building Control be DELEGATED to GRANT PLANNING PERMISSION subject to completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to secure the provision of:

 

•  a financial contribution for affordable housing of £192,760.61 (index-linked) in lieu of on-site provision, which is payable prior to occupation of the 7th dwelling

•  a financial contribution towards secondary education provision of £35,039.39 (index-linked), to be used towards the expansion of St Bernard’s High School which is payable prior to occupation of the 7th dwelling

 

(b)  The Director of Planning and Transport or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above obligation, so long as planning permission when granted and the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

 

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 shall be carried out in accordance with the approved plans:  2408 01, 2408 02,  24087 03, 2408 04, 05, 06, 07, 08, 09, 10, 2408Doc 01, 2408DoC 02

 

Reason: To ensure the development is carried out in accordance with the development plan.

 

03  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above the lower ground floor (parking) slab level shall take place until samples of the materials to be used in the construction of the external elevations of the building hereby permitted, including balconies, balustrades, screening and fenestration, have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

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

 

04  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above the lower ground floor (parking) floor slab level shall take place until full details of both hard and soft landscape works proposed for the site, including any green walls or green roof, have been submitted to and approved in writing by the local planning authority.  These details shall include: proposed finished levels or contours; means of enclosure (including any gates to the car parks); car parking layouts;  other vehicle and pedestrian access and circulation areas;  hard surfacing materials;  minor artefacts and structures (e.g. furniture, loggia, bollards, play equipment, refuse or other storage units, signs, lighting etc.)  Details for the soft landscape works shall include the number, size and location of the trees, shrubs and plants to be planted together with a planting specification, the management of the site (e.g. the uncompacting of the site prior to planting) and the initial tree planting and tree staking details.  The approved hard landscaping works shall be carried out prior to first occupation of the development hereby approved and the soft landscaping works within the first planting season following first occupation of the development.

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Reason: To safeguard the character and appearance of the surrounding area and the amenities of the occupants of the proposed development in accordance with Policies DM1, DM3 and DM8 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

05  A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the local planning authority prior to the occupation of the development.  The landscaping of the site shall be managed in accordance with the approved plan in perpetuity.

 

Reason: To safeguard the character and appearance of the surrounding area and the amenities of the occupants of the proposed development in accordance with Policies DM1, DM3 and DM8 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

06  The development shall not be occupied until space has been laid out within the site in accordance with drawing No. 2408 03 for 22 cars to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear.  The parking spaces shall be permanently retained thereafter solely for the parking of occupiers and visitors to the development. 

 

Reason:  To ensure the adequate provision of parking at the site in accordance with policy DM15 of the Development Management Document (2015).

 

07  Notwithstanding the details shown in the plans submitted and otherwise hereby approved none of the building hereby granted consent shall be occupied unless and until plans and other appropriate details are submitted to the Local Planning Authority and approved in writing which specify the size, design, materials and location of all privacy screens to be fixed to the proposed buildings. Before the buildings hereby approved are occupied the development shall be implemented in full accordance with the details and specifications approved under this condition and shall be permanently retained as such thereafter.

 

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). 

 

08  The development shall not be occupied until a waste management plan and service plan has been submitted to and agreed in writing by the Local Planning Authority. The waste management and servicing of the development shall thereafter be carried out in accordance with the approved details. 

 

Reason:  To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and  Policy DM15 of the Development Management Document (2015).

 

09  Prior to the first occupation of the dwellings hereby approved, the cycle parking facilities shall be provided as shown in drawing numbers 2408 03 and 2408DoC 01 and thereafter be permanently retained for cycle parking to serve the occupiers of the development.

 

Reason: To ensure that satisfactory cycle parking facilities are provided at the site in the interest of sustainability and amenity in accordance with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policy KP2, Policies DM1 and DM8 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

10  The development hereby approved shall be undertaken in strict accordance with the approved Health and Safety Plan undertaken by Franklin Demolition Ltd dated 6/11/17.

 

Reason: In the interests of the amenities of the adjoining occupiers and to ensure highway safety pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

11  Prior to occupation of the development hereby approved water efficient design measures set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to 105 litres per person  per  day  (lpd)  (110  lpd  when  including  external  water  consumption), including measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be installed in the development hereby approved and be retained in perpetuity thereafter.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework, Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and the Councils Design and Townscape Guide (2009).

 

12  Details of any external lighting to be installed in the development shall be submitted to and approved in writing by the local planning authority before the development is first occupied. The development shall be carried out in accordance with the approved details before the development is occupied or brought into first use. No additional external lighting shall be installed on the building without the prior written consent of the local planning authority.

 

Reason: In the interests of the visual amenities and character of the area, and to protect the amenities 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).

 

13  Demolition or construction works associated with this permission shall not take place outside 08:00 hours to 18:00hours Mondays to Fridays and 08:00hours to 13:00hours on Saturdays and at no time Sundays or 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 policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

14  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no structures such as canopies, fences, loggias, trellises or satellite or radio antennae shall be installed within the development or on the buildings hereby approved unless otherwise previously agreed in writing by the Local Planning Authority. 

 

Reason: In order to protect the character and visual amenities of the development and surrounding area and airport safety in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

15  Before the development is occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that 2 of the flats  comply with building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 19 flats comply with building regulation part M4(2) ‘accessible and adaptable dwellings’ standard.

 

Reason: To ensure the residential units hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with National Planning Policy Framework, Core Strategy (2007) Policy KP2, and Development Management Document (2015) Policy DM2 and the Design and Townscape Guide (2009).

 

16  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 first occupation of the development. This provision shall be made for the lifetime of the development and in accordance with the agreed details.

 

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 Design and Townscape Guide (2009).

 

(c)  In the event that the planning obligation referred to in part (a) above has not been completed by 4th July 2018 or an extension of this time as may be agreed by the Director of Planning and Transport or Group Manager (Planning & Building Control) be authorised to refuse planning permission for the application on the grounds that the development will not provide for affordable housing or education provision. As such, the proposal would be unacceptable and contrary to Policies KP1, KP2, KP3, CP6 and CP8.

 

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  Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). A Community Infrastructure Levy (CIL) Liability Notice will be issued as soon as practicable following this decision notice. This contains details including the chargeable amount, when this is payable and when and how exemption or relief on the charge can be sought. You are advised that a CIL Commencement Notice (CIL Form 6) must be received by the Council at least one day before commencement of development. Receipt of this notice will be acknowledged by the Council. Please ensure that you have received both a CIL Liability Notice and acknowledgement of your CIL Commencement Notice before development is commenced. Most claims for CIL relief or exemption must be sought from and approved by the Council prior to commencement of the development. Charges and surcharges may apply, and exemption or relief could be withdrawn if you fail to meet statutory requirements relating to CIL. Further details on CIL matters can be found on the Council's website at www.southend.gov.uk/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  This permission is governed by a legal agreement between the applicant and the Borough Council under Section 106 of the Town and Country Planning Act 1990. The agreement relates to a financial contribution towards affordable housing and secondary education.

 

04  Please note that if you require a crane or piling rig to construct the proposed development, this will need to be safeguarded by London Southend Airport separately and dependant on location may be restricted in height and may also require full coordination with the Airport Authority. Any crane application should be directed to sam.petrie@southendairport.com / 01702 538521.

 

05  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.

 

06  For the avoidance of doubt the artificial green wall proposed in unacceptable and is not permitted by this approval.