Meeting documents

The Council
Thursday, 28th February, 2013 6.30 pm

Development Control Minutes

Date:
Wednesday, 6th February, 2013
Time:
14:00
Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
754 Apologies and substitutions.
 There were no apologies for absence.
755 Declarations of interest.
 The following declarations of interest were made at the meeting:-

(a) Councillor Chalk - SOS/12/01643/BC3 - Non-pecuniary interest: Lives in the vicinity;

(b) Councillor Ann Jones - SOS/12/00810/DOV - Non-pecuniary interest: Lives in the vicinity;

(c) Councillor Norman - SOS/12/00243/FUL - Disqualifying non-pecuniary interest: School Governor (withdrew);

(d) Councillor Woodley - SOS/12/01643/FUL - Pecuniary interest: Beach Hut owner (withdrew).
756 Supplementary Report
 The Committee received a report by the Corporate Director Enterprise, Tourism and the Environment providing additional information on items referred to elsewhere on the Agenda.
757 Reports on Planning Applications
Business for item 757
The decision of the Committee in relation to each application is set out below:-

COUNCILLOR CRYSTALL IN THE CHAIR

(a) Blenheim Park Ward (pmsv)
SOS/12/00243/FUL
Variation of Condition 09 of planning permission 08/00890/FUL which restricted the use of the hardstanding to the east of the site to be used solely for car parking to allow it for use as general D1
Westcliff High School for Boys, Kenilworth Gardens, Westcliff-on-Sea, Essex, SS0 0BD
Westcliff High School for Boys

Planning Permission GRANTED subject to the following conditions:

01 The development hereby permitted shall be carried out in accordance with the following approved plans: 8659-03 and 8659-04.

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

02 Within two months of the date of this decision a car parking scheme shall be submitted to and agreed in writing by the local planning authority to ensure that the number of occasions when the car park to the east of the site annotated as a car park area (29 car parking spaces) on Drg. No 8659-03 shall be used for the purposes of parking, shall not exceed six times in each school year. The scheme shall include details of how the dates and hours of use shall be communicated to the local planning authority (which shall be no later than the first day of the term in which the occasion will occur). The car park area will thereafter be used in accordance with the approved car parking scheme. A vehicular gate shall be provided, prior to first use of the site, across the access to the car park which shall remain securely closed at all times other than when the car park is in use in accordance with the agreed scheme.

Reason: In the interests of residential amenity and highways efficiency and safety, in accordance with DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policies T8 and T11, and SPD1 (Design and Townscape Guide).

03 Within two months of the date of this decision details of both hard and soft landscaping works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include details of all the existing trees and hedgerows on site and details of any to be retained together with measures for their protection in the course of development; proposed finished levels or contours; car parking layouts; other vehicle and pedestrian access and circulation areas hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs etc); the position and type of any lighting and the proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc).

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11 and C14, and SPD1 (Design and Townscape Guide).

04 Soft landscape works shall include planning plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedule of plants, noting species, plant size and proposed numbers/densities where appropriate; and an implementation programme.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11 and C14, and SPD1 (Design and Townscape Guide).

05 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out in accordance with a programme agreed in writing by the local planning authority, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written approval to any variation.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11 and C14, and SPD1 (Design and Townscape Guide).

06 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 use hereby permitted commencing. The landscape management plan shall be carried out as approved.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11 and C14, and SPD1 (Design and Townscape Guide).

07 Soft landscape works shall include planning plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedule of plants, noting species, plant size and proposed numbers/densities where appropriate; and an implementation programme.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11 and C14, and SPD1 (Design and Townscape Guide).

08 The boundary treatment (including access gates) shall be provided, in accordance with drawing numbers 8659-03 and 5659-06, prior to the use of any part of the development.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11 and C14, and SPD1 (Design and Townscape Guide).

09 Prior to first use a Sustainable Urban Drainage Scheme shall be provided in accordance with drawing numbers 8659-02 and 03 and through use of Marshalls permeable block paving and shall be provided prior to the first use of the development.

Reason: In the interest of sustainable development and accordance with Policy KP2 of the Southend on Sea Borough Core Strategy.

10 The area to the east of the site annotated as car park area (29 car parking spaces) on Drg. No 8659-03 shall be used for car parking or any purpose that falls within Class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason: To ensure that the development is acceptable in planning terms and in accordance with DPD1 (Core Strategy) policies KP2 and CP4, Borough Local Plan 1994 policies C11, U7 and U8, and SPD1 (Design and Townscape Guide).

11 The access arrangements, including visibility splays, shall be provided in accordance with drawing number 8659-07. The use hereby approved shall not commence until the access has been provided and shall be retained in perpetuity.

Reason: In the interests of residential amenity and highways efficiency and safety, in accordance with DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policies T8 and T11, and SPD1 (Design and Townscape Guide).

Reason for Decision
This permission has been granted having regard to the Core Strategy Policies KP1 (Spatial Strategy), KP2 (Development Principles) and CP4 (The Environment and Urban Renaissance) and Policies C11 (New Buildings, Extensions and Alterations), E5 (Non-residential Uses Located Close to Housing), U7 (Existing Education Facilities), U8 (Provision of New Education Facilities), T8 (Traffic Maintenance and Highway Safety), T11 (Parking Standards) and T13 (Cycling and Walking) of the Borough Local Plan together with, the Design and Townscape Guide SPD, Government guidance and to all other material considerations. The carrying out of the development permitted, subject to the conditions imposed, would accord with those policies and in the opinion of the Local Planning Authority there are no circumstances which otherwise would justify the refusal of permission.

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.


COUNCILLOR NORMAN IN THE CHAIR


(b) Milton Ward (pmsv)
SOS/12/01574/FUL
Demolish existing garages and erect two 2 storey dwellings to rear of 40 Canewdon Road
40 Canewdon Road, Westcliff-on-Sea, Essex, SS0 7HD
Hedgehog Development
Hedgehog Development

Planning Permission REFUSED for the following reasons:-

01 The proposed dwellings, by reason of poor quality elevational design, scale and siting would be out of keeping with the development in the area and would be a cramped and a visually harmful addition to the streetscene. This is considered contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Core Strategy and policies C11 and H5 of the Borough Local Plan.

02 The proposed development due to its cramped nature and lack of amenity space, would result in an unacceptable standard of environment for future occupants and is contrary to the National Planning Policy Framework, policies KP2 and CP4 of the Core Strategy, policies H5 and C11 of the Borough Local Plan and advice contained within the Design and Townscape Guide SPD1.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and discussing those with the Applicant during pre application discussions. Unfortunately, it has not been possible to resolve those matters within the timescale allocated for the determination of this planning application and therefore, the proposal is not considered to be sustainable development. However, the Local Planning Authority has clearly set out, within its report, the steps necessary to remedy the harm identified within the reasons for refusal - which may lead to the submission of a more acceptable proposal in the future. The Local Planning Authority is willing to provide pre-application advice in respect of any future application for a revised development.


(c) Kursaal Ward
SOS/12/00810/DOV
Deed of Variation
Modification of planning obligation dated 21st July 2010 pursuant to planning permission 10/00140/FULM to (1) remove the obligation to decontaminate the affordable housing land prior to it being transferred to an RSL, (2) allow affordable housing education contribution to be paid by the RSL upon each dwellings occupation, (4) allow market housing education contribution to be paid upon sale of each dwelling.
Esplanade House, Eastern Esplanade, Southend-on-Sea
Mr P Gamon

Deed of Variation REFUSED for the following reason:

01 The applicant has not demonstrated that there are adequate reasons to justify modifications of the S.106 agreement in respect of proposed modifications (1) and (2) which would fail to secure the adequate decontamination of the site (including structures above ground) so that it would undermine the successful deliverability of the scheme, and result in a poor residential environment both in terms of health and amenities. As such the proposal is contrary to the NPPF; East of England Plan Policy SS1, and ENV7; DPD1 Core Strategy Policies KP1, KP2, KP3, CP4, and CP6; Southend-on-Sea Borough Local Plan Policy U1 and SPD2: Planning Obligations.


(d) Shoeburyness Ward
SOS/12/01643/BC3
Erect fifteen beach huts
East Beach, Shoeburyness
Southend-on-Sea Borough Council (Drew Jones)
Pedder & Scampton Architects (G Pedder)

DEFERRED


(e) Victoria Ward
SOS/13/00009/BC3
Demolish office block and multi-storey car park and change of use to car park and minor alterations to footbridge
Queensway House, Essex Street, Southend-on-Sea, SS1 2NY
Southend Borough Council
Southend Borough Council

Planning Permission GRANTED subject to the following conditions:

01 The development hereby permitted shall begin not later than 3 (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 Unless otherwise agreed in writing with the local planning authority, the development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan number: HW/QWCP/0001

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

03 No development shall take place until details of surface treatment and any new boundary treatment have been submitted and approved in writing by the local planning authority.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

Reason for Decision
This permission has been granted having regard to (Core Strategy) policies KP1, KP2, CP1, CP2, CP3, and CP4; Borough Local Plan 1994 policies C11, C14, C15, E5, U2, T1, T8, T11, T12, T13, and SPD1 (Design and Townscape Guide) together with Government guidance and all other material considerations including any representations. The carrying out of the development permitted, subject to any conditions imposed, would accord with those policies and in the opinion of the local planning authority there are no circumstances which otherwise would justify the refusal of permission.

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.


(f) Milton Ward
SOS/12/01648/BC3
Change of use of office (Class B1) to a day centre (Class D1) for a temporary period of three years (part of 3rd floor)
Tylers House, Tylers Avenue, Southend-on-Sea
Southend Borough Council
Southend Borough Council
Planning Permission GRANTED subject to the following conditions:

01 The use hereby permitted shall be carried out only by "Club 50+"and shall be for a limited period being the period of 3 (three) years from the date of this letter or during which the premises are occupied by "Club 50+"; whichever is the shorter. When the premises cease to be occupied by "Club 50+" or at the end of 3 (three) years whichever shall first occur, the use hereby permitted shall cease.

Reason: Planning permission for a temporary period only is appropriate in the circumstances particular to this case and retention of the use for an alternative occupiers or for more than a temporary period would fail to comply with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP1, and Borough Local Plan 1994 policy E4. On this basis it is appropriate to ensure that the site is satisfactorily restored to its former use.

02 Six (6) car parking spaces shall be provided on the site to serve the development hereby approved prior to commencement of the use hereby approved and shall thereafter be permanently retained for the parking of vehicles of people working in the building or calling there for business purposes unless otherwise agreed in writing by the local planning authority.

Reason: To ensure adequate provision is made for car parking in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy U2.

03 The development hereby permitted shall not be occupied until sound insulation has installed in accordance with details shown on submitted plan entitled "noise impact assessment drawing no 1" unless otherwise agreed in writing with the local planning authority.

Reason: To ensure that the development will not have an adverse impact on the occupiers of adjacent units in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP3, Borough Local Plan 1994 policy and T11.

This permission has been granted having regard to (Core Strategy) policies KP1, KP2, CP1, CP2 and CP3; Borough Local Plan 1994 policies C14, E4, U2, U10, T8, and T11 and SPD1 (Design and Townscape Guide) together with Government guidance and all other material considerations including any representations. The carrying out of the development permitted, subject to any conditions imposed, would accord with those policies and in the opinion of the local planning authority there are no circumstances which otherwise would justify the refusal of permission.

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.


(g) Milton Ward
SOS/12/01614/BC3M
Extend hours of construction on Saturday to 8:00am hours to 18:00 hours (variation of condition 22 of planning consent 11/00790/BC3M granted on 17th August 2011 stating demolition or construction works shall not take place outside 7:30am hours to 6pm hours Mondays to Fridays and 8am hours to 1pm hours on Saturdays and at no time on Sundays or Bank Holidays)
Farringdon Multi Storey Car Park, Elmer Approach, Southend-on-Sea, Essex
Southend-on-Sea Borough Council
Southend-on-Sea Borough Council

DELEGATED to the Corporate Director Enterprise, Tourism and the Environment or Head of Planning and Transport to approve a variation of condition subject to the expiry of the publicity period and subject to the conditions listed below:

01 Unless otherwise agreed in writing with the local planning authority, the development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan numbers: Location Plan 010A, Proposed Layout and Elevations of Substation and Bin Store 115, Proposed Sections C-C/D-D 111G, Proposed Sections A-A/B-B 110J, Roof Plan D102K, Proposed First, Second and Third Floor 101Q, Proposed Lower Ground and Ground Floor 100P, Existing Site Section C-C/D-D 021A, Existing Site Section A-A/B-B 020 A, Landscaping Plan 013, Proposed Site Plan 012, Existing Site Plan 011 A, Proposed Elevations G-G/H-H 114B, Proposed Elevation E-E/F-F 113N.

Reason: In the interests of residential amenity and to protect the character, function and amenities of the area; in accordance with DPD1 (Core Strategy) policy KP1, KP2, CP3, CP4, Borough Local Plan 1994 policy, C11, C14, H5, T8, T12 and SPD1 (Design and Townscape Guide).

02 Prior to first occupation of the development a Waste Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The plan shall detail how the development will provide for the collection of general refuse and re-usable and recyclable waste and what strategies will be in place to reduce the amount of general refuse over time. Waste management at the site shall be carried out in accordance with the approved strategy unless otherwise agreed in writing by the Local Planning Authority

Reason: To protect the environment and ensure adequate and appropriate storage, recycling and collection of waste resulting from the development in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4.

03 No development shall take place until a site investigation of the nature and extent of contamination 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 development 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. The site shall be remediated in accordance with the approved measures before development begins. 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.

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 BLP Policy U2.

04 Prior to first occupation of the development hereby approved a Servicing Strategy shall be submitted to and agreed in writing by the local planning authority, detailing monitoring and review arrangements for the servicing of the development and servicing shall take place in accordance with the strategy unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that the development does not have a detrimental impact on the surrounding highway network in accordance with DPD1 (Core Strategy) 2007 policy KP2 and Borough Local Plan 1994 policy T8.

05 No part of the development approved by this permission shall be occupied until Southend Borough Council (as local planning authority and highway authority) has approved in writing a full scheme of works (including detailed designs and contract details), and the relevant highways approvals are in place, in relation to the following: Improved pedestrian connection to the High Street through an extension of the pedestrianisation of Elmer Approach; provision of a shared surface (pedestrian priority) along Queens Approach; the provision of three disabled parking spaces at the north east of the site; the provision of as assisted disabled and taxi drop off lay by (two spaces) on Elmer Approach; the relocation of the taxi rank (four spaces) to a lay by on the northern edge of Elmer Approach; the provision of a delivery bay adjacent to the Farringdon Service Road at the north of the building.

The development and the associated highway works shall thereafter be undertaken in accordance with the approved details prior to occupation of the development hereby approved unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of sustainability, accessibility, highways management, efficiency, safety and to enhance the appearance of the area in accordance with DPD1 (Core Strategy) 2007 policies KP2, KP3, CP3 and CP4, and Borough Local Plan 1994 policies C11 and T8.

06 Materials used within the development must be in accordance with the details of materials approved under application 11/01668/AD unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

07 All hard and soft landscape works shall be carried out in accordance with the details approved under application 11/01679/AD. The works shall be carried out before any part of the development is occupied or in accordance with the programme agreed with the local planning authority. The Development shall be carried out in accordance with the approved details. The approved boundary treatment shall be completed before first occupation of the development.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with DPD1 (Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 policy C11 and C14, and SPD1 (Design and Townscape Guide).

08 The landscaped management plan shall be implemented in accordance with the scheme approved under application 11/01679/AD

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the local environment and biodiversity in accordance with East of England Plan 2008 policy ENV1 and ENV7, DPD1 (Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 policy C11 and C14, and SPD1 (Design and Townscape Guide).

09 No development shall take place until details of a scheme of public art, as described in the Design and Access Statement from ADP dated 31st May 2011 (ie LED Screen; lighting to the north and south elevations of the building and public art zone to the northern face of the structure supporting the digital display screen) including detailed elevations of the screen, have been submitted to and approved in writing by the local planning authority. The scheme must be carried out in accordance with the approved details before anyone moves into the building. The approved public art must be permanently retained on this site and not moved or removed unless otherwise agreed in writing by the local planning authority.

Reason: To secure the provision of public art and in the interests of visual amenity in accordance with DPD1 (Core Strategy) policy KP2 and CP4, and SPD1 (Design and Townscape Guide).

10 The environmental sustainability measures as set out in the application (Design and Access Statement chapter 06 BREEAM) must be provided before any part of the development hereby approved is first used unless otherwise agreed in writing by the local planning authority. All of these measures must be permanently retained unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that the environmental sustainability features detailed in the application are provided in the development to minimise its environmental impact through efficient use of resources and better use of sustainable and renewable resources in accordance with DPD1 (Core Strategy) policy KP2 and CP4, and SPD1 (Design and Townscape Guide). (R35C)

11 Prior to first occupation of the building details of any external lighting of the building, including an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light, and hours of illumination shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in strict accordance with the approved lighting scheme. No additional external lighting shall be installed within any part of the site without the prior approval of the Local Planning Authority.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy C11, H5 and U2. (R11B)

12 Before the use hereby permitted begins, a scheme for the installation of equipment to control the emission of fumes and smell from the premises shall be submitted to, and approved in writing by, the local planning authority and the approved scheme shall be implemented. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions, unless otherwise agreed in writing by the local planning authority.

Reason: To protect the environment of people in neighbouring properties and general environmental quality, and in the interests of visual amenity, in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5, U2; and C11, and SPD1 (Design and Townscape Guide).

13 Prior to commencement of any work on the ventilation system, detailed drawings of the design, construction and insulation of the whole ventilation system and any associated equipment must be submitted to and approved by the local planning authority. The ventilation system must then be installed in accordance with the approved drawings and not altered unless other agreed in writing with the local planning authority.

Reason: To protect the environment of people in neighbouring properties and general environmental quality, and in the interests of visual amenity, in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5, U2; and C11, and SPD1 (Design and Townscape Guide).

14 No part of the development shall be occupied until space has been laid out within the site for 78 bicycles to be parked in accordance with details which shall have previously been submitted to and agreed by the Local Planning Authority, and shall be permanently retained for cycle parking unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that satisfactory secure off-street bicycle parking is provided in the interests of sustainability, amenity and highways efficiency and safety, in accordance with DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy T8 and T11, and SPD1 (Design and Townscape Guide).

15 No use of the development hereby approved shall occur until a Travel Plan has been submitted to and agreed in writing by the local planning authority, the Travel Plan shall be implemented in accordance with the approved details.

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with DPD1 (Core Strategy) 2007 policy KP2, CP3 and CP4, Borough Local Plan 1994 policy T8, and SPD1 (Design and Townscape Guide).

16 The building shall be open for use in accordance with the hours set out on submitted plan "hours of operation" drawing number 301 D rev A, except for areas marked "TBC" the hours of operation of which shall be agreed in writing with the Local Planning Authority prior to first occupation of the building, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2.

17 No signs(s) or advertisements(s) shall be displayed on the building or within the public square without the express consent of the local planning authority, notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2007 or any equivalent provision in any statutory revoking and re-enacting those Regulations.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in East of England Plan 2008 policy ENV7, DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide.

18 Prior to installation of the screen, a management strategy for the screen and public square shall be submitted to and approved by the Local Planning Authority, the screen and public square shall be operated only in accordance with the approved strategy which shall include details of, but shall not be limited to: nature of content, hours of operation; duration and operation of the screen on a day-to-day basis, and maintenance and repair of the screen and contingency plans in case of breakdown, management of events. Following the first 10 Category C and E events and the first Category A, B and D events held within the public square the management plan shall be reviewed taking into account any necessary mitigation measures identified during assessment monitoring. No further events shall take place until this plan has been submitted to and approved in writing by the Local Planning Authority and mitigation measures implemented.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2.

19 During construction and demolition there shall be no burning of waste material on the site.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with East of England Plan 2008 policy ENV7, DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policies H5 and U2.

20 Demolition or Construction works shall not take place outside 7.30am - 6pm Mondays to Fridays and 8am - 1pm on Saturdays and at no time on Sundays or Bank Holidays. Only internal works which are inaudible at the nearest residential premises can be carried out between 1pm - 6pm on Saturdays only.

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2.

21 During each of the first 10 Category C and E events held within the public square noise monitoring and assessment shall be carried out per the recommendations of the acoustic assessment produced by Hoare LEA, dated 15/8/11. The results of the monitoring and assessment together with details of any necessary noise mitigation measures, including where necessary restrictions on hours of operation, or limits on the number of events, shall be subsequently submitted to the Local Planning Authority for approval and any identified mitigation measures shall be implemented prior to any further events taking place.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2.

22 During each of the first Category A, B and D events held within the public square, noise monitoring and assessment shall be carried out per the recommendations of the acoustic assessment produced by Hoare LEA, dated 15/8/11. The results of the monitoring and assessment together with details of any necessary noise mitigation measures, including where necessary restrictions on hours of operation, or limits on the number of events, shall be subsequently submitted to the Local Planning Authority for approval and any identified mitigation measures shall be implemented prior to any further events taking place.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2.

23 Prior to first use of the public square a noise limiter shall be installed to the external audio system in accordance with the recommendations set out in the acoustic assessment produced by Hoare LEA, dated 15/8/11.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2.

24 Amplified music and speech from the approved screen shall be limited to background noise levels during hours of operation unless prior written approval from the Local Planning Authority has been given for a specific event.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5 and U2

25 Prior to first operation of the approved screen details of the proposed acoustic barrier, referred to in the acoustic assessment produced by Hoare LEA, dated 15/8/11, including size, siting, materials and finish, shall be submitted to and approved by the Local Planning Authority, the barrier shall be installed in accordance with the approved details prior to first operation of the screen and shall be permanently retained thereafter.

Reason: To protect the amenities of people in neighbouring properties and general environmental quality, and in the interests of visual amenity, in accordance DPD1 (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5, U2; and C11, and SPD1 (Design and Townscape Guide).

26 Prior to first operation of the approved screen details of the proposed speaker locations within in the Public Square shall be submitted to an approved by the Local Planning Authority, the speakers shall be installed in accordance with the approved details.

Reason: To protect the amenities of people in neighbouring properties and general environmental quality, and in the interests of visual amenity, in accordance with (Core Strategy) 2007 policy KP2 and CP4, and Borough Local Plan 1994 policy H5, U2; and C11, and SPD1 (Design and Townscape Guide).

Informatives

01 The Travel Plan subject of Condition 15 shall include measures to:

• provide occupiers with a greater travel choice and to encourage healthier and more environmentally friendly travel.
• Minimise financial and other incentives for occupiers to use private cars and maximise incentives to use sustainable alternatives
• Minimise both journey to work and business travel, particularly in single occupancy vehicles.
The travel plan shall also include targets for increasing sustainable modes of travel, and measures for mitigation.

02 Noise from the development should be inaudible at residential facades.

Reason for approval
This permission has been granted having regard to DPD1 (Core Strategy) policy KP1 , KP2; KP3; CP1; CP2; CP3; CP4; CP6; CP7, Borough Local Plan 1994 policy, C8 , C11, C13, C14, E5, L1; L5 ;U1 , U2 , U8 ; U10 , T1, T8, T10, T11, T12, T13 , T14 and SPD1 (Design and Townscape Guide) together with Government guidance and all other material considerations including any representations. The carrying out of the development permitted, subject to any conditions imposed, would accord with those policies and in the opinion of the local planning authority there are no circumstances which otherwise would justify the refusal of permission.

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.


(h) Chalkwell Ward
SOS/12/01608/FULH
Erect part two storey and part single storey side and rear extension
29 Lansdowne Avenue, Leigh-on-Sea, Essex, SS9 1LJ
Mr Ian Clipstone
SK Architects

DELEGATED to the Head of Planning and Transport or the Corporate Director Enterprise, Tourism and the Environment to GRANT planning permission subject to the expiry of the publicity period, subject to the following conditions:

01 The development hereby permitted shall begin not later than three years from the date of this decision. (C01A)

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. (R01A)

02 The development hereby permitted shall be carried out in accordance with the following approved plans: 00(1) Rev C, 01(1) Rev C and 02(1) Rev C (C01D)

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval. (R01D)

03 All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings hereby approved or are required by conditions to this permission. (C23D)

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide). (R23DA)

REASON FOR APPROVAL:
01 This permission has been granted having regard to the Core Strategy Policies KP2 (Spatial Strategy) and CP4 (Development Principles) and Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential Design and Layout Considerations), T8 (Traffic Management and Highway Safety) and T11 (Parking Standards) of the Borough Local Plan together with, the Design and Townscape Guide SPD, Government guidance and to all other material considerations. The carrying out of the development permitted, subject to the conditions imposed, would accord with those policies and in the opinion of the Local Planning Authority there are no circumstances which otherwise would justify the refusal of permission.

02 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.


(i) Milton Ward
SOS/12/01641/FUL
Convert maisonette into two self-contained flats and alter front elevation
1 Princes Court, 25C Princes Street, Southend-on-Sea, Essex SS1 1QA
Cookson Contacts
DK Building Designs Ltd

DELEGATED to the Head of Planning and Transport to GRANT planning permission subject to the conditions below and subject to the expiry of publicity period:

01 The development hereby permitted shall begin not 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 plans: 2636-11 Revision No. A.

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

03 All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings hereby approved or are required by conditions to this permission.

Reason: In the interests of visual amenity in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policy C11, and SPD1 (Design and Townscape Guide).

Reason for Approval
This permission has been granted having regard to the National Planning Policy Framework 2012, Policy KP2 (Development Principles) and CP4 (The Environment and Urban Renaissance) of the Core Strategy, Policies C11 (New Buildings, Extensions & Alterations), H5 (Residential Design & Layout Considerations) and H7 (The Formation of Self-Contained Flats) of the Borough Local Plan, the Design and Townscape Guide (SPD) and all other material considerations. The carrying out of the development permitted, would accord with those policies and in the opinion of the Local Planning Authority there are no circumstances which otherwise would justify refusal of permission.

Note:
The Local Planning Authority has acted positively and proactively in determining this application by providing pre-application advice and 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 the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information. (I77)
02. If this application is for a new property/properties or for a conversion of an existing property, you will need to have the development officially street named and numbered. The street naming & numbering form is available on the Southend-on-Sea Borough Council's website at www.southend.gov.uk. If you have further queries, please contact the street naming and numbering service (Highway and Traffic Management Services) on 01702 215003 or email: council@southend.gov.uk.


(j) Milton Ward
SOS/12/01424/FUL
Convert first floor self-contained flat (Class C3) into two self-contained flats (Class C3) (Amended Proposal)
80A London Road, Southend-on-Sea, Essex, SS1 1PG
Mr J Massey & Mr A Fassenfelt
Mr David Grew

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 Notwithstanding the proposed cycle and bin store (the subject of Condition 03) the development hereby permitted shall be carried out in accordance with the approved plans: DMG/12/027/2A, 1a, 3.

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

03 No development shall commence until details of the proposed bin store and cycle store have been submitted to and approved by the local planning authority. The development shall only be carried out in accordance with the approved details, and the bin and cycle stores shall be installed prior to first occupation of the development and permanently retained unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to provide suitable storage for waste, materials for recycling and cycle storage provision in accordance with DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 Policies C11, T8 and SPD1 (Design and Townscape Guide

Reason for Approval
This permission has been granted having regard to National Planning Policy Framework, DPD1 (Core Strategy) policy KP2 and CP4, Borough Local Plan 1994 Policies C11 and T8, and SPD1 (Design and Townscape Guide) together with Government guidance and all other material considerations including any representations. The carrying out of the development permitted, subject to any conditions imposed, would accord with those policies and in the opinion of the local planning authority there are no circumstances which otherwise would justify the refusal of permission. 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.

INFORMATIVE
You are advised that the proposed bin and cycle store is not acceptable in design terms. You are advised to contact the planning officer (Sophie Glendinning Tel. 01702 215727), to discuss a revised design.


(k) Leigh Ward
SOS/12/01512/FUL
Erect single storey rear extension
Cockle Shed 10, High Street, Leigh-on-Sea, Essex, SS9 2ER
Mr Deal
Trudy's Architectural Consultants

Planning Permission GRANTED PLANNING PERMISSION, subject to the following conditions:

01 The development hereby permitted shall begin not 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 plans: Received 16th November 2012

Reason: To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

03 No development shall take place until samples of the roof materials 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 materials unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policies C4 and C11, and SPD1 (Design and Townscape Guide).

04 All new work to the outside elevations of the building, excluding the roof, must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings hereby approved or are required by conditions to this permission.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policies C4 and C11, and SPD1 (Design and Townscape Guide).

05 The external colour of the air conditioning units must match the original work in terms of the choice of colour.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policies C4 and C11, and SPD1 (Design and Townscape Guide).

06 The external colour of the oil tank must match the colour of the extension hereby approved.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policies C4 and C11, and SPD1 (Design and Townscape Guide).

07 No development shall take place until details, including a sample, of the plinth has been submitted to and approved in writing by the local planning authority. The works must then be carried out in accordance with the approved materials unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy KP2 and CP4, Borough Local Plan 1994 policies C4 and C11, and SPD1 (Design and Townscape Guide).

08 On completion of the development hereby approved the container to the rear of the site shall be removed in its entirety and not replaced without prior approval of the Local Planning Authority.

Reason: To reduce visual clutter and improve the visual amenity of the area in accordance with Policy CP4 of the Core Strategy, policies C4, C5 and C11 of the Borough Local Plan and the Design and Townscape Guide.

REASON FOR APPROVAL:
This permission has been granted having regard to the Core Strategy Policies KP2 (Spatial Strategy) and CP4 (Development Principles) and Policies C4 (Conservation Areas), C11 (New Buildings, Extensions and Alterations) T8 (Traffic Management and Highway Safety) and T11 (Parking Standards) of the Borough Local Plan together with, the Design and Townscape Guide SPD, Government guidance and to all other material considerations. The carrying out of the development permitted, subject to the conditions imposed, would accord with those policies and in the opinion of the Local Planning Authority there are no circumstances which otherwise would justify the refusal of permission.

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.

PLEASE NOTE
01 You are advised that the development hereby approved is likely to require approval under Building Regulations. Our Building Control Service can be contacted on 01702 215004 or alternatively visit our website http:www.southend.gov.uk/info/200011/building_control for further information. (I77)


(l) West Leigh Ward
SOS/12/01650/FULH
Erect roof extension with dormer window to rear elevation and roof lights to front, erect two storey side and rear extension with Juliette balcony to rear
83 Tattersall Gardens, Leigh-on-Sea, Essex, SS9 2QS
Mr and Mrs J Argentieri
Terence Wynn RIBA

Mrs S Mink, a local resident, spoke as an objector to the application. The Applicant, Mr J Argentieri responded.

DEFERRED (PMSV)
758 Enforcement of Planning Control
Business for item 758
(a) Blenheim Park Ward (EN/12/00272/UNAU) - Extension of café at 1219 and change of use of part of a residential flat to café, extension of roof at rear of 1219 and change of use of 1221 from retail to beauty therapy/massage clinic at 1219 to 1221 London Road, Leigh-on-Sea

Resolved:-

That no further action be taken.


(b) Milton Ward (EN/12/00009/UNAU) - Breach of Control - Without planning permission installed PVC framed windows to front elevation at second floor level at 7 Wilson Road Southend-on-Sea Essex SS1 1HG

Resolved:-

That ENFORCEMENT ACTION be authorised for the removal of the unauthorised windows at second floor level in the front elevation. This is because of the detriment to the historic and visual character and amenities of the Clifftown Conservation Area, contrary to Policy C4 of the Borough Local Plan, Policies KP2 and CP4 of the Core Strategy, and advice contained within the Design and Townscape Guide (SPD1) and the NPPF.

That the authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

That when serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance. It is considered that a three months compliance period is reasonable in these circumstances.


(c) Milton Ward (EN/12/00291/UNAU) - Breach of Control - Installation of satellite dishes without planning permission at 92 Alexandra Road, Southend-on-Sea

Resolved:-

That ENFORCEMENT ACTION be authorised to require the removal of the satellite dishes. This is on the grounds of detriment to visual amenity and to the historic character of the Clifftown Conservation Area contrary to retained local policies C4 and C9, the Core Strategy Policies KP2 and CP4 and the Design and Townscape Guide (SPD1).

That the authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

That when serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance. In this case it is considered that a compliance period of 1 month is reasonable.


(d) Milton Ward (EN/12/00289/UNAU)- Breach of Control - Installation of a satellite dish without planning permission at 126 Alexandra Road, Southend-on-Sea

Resolved:-

That ENFORCEMENT ACTION be authorised to require the removal of the satellite dish. This is on the grounds of detriment to visual amenity and to the historic character of the Clifftown Conservation Area contrary to Borough Local Plan policies C4 and C9, the Core Strategy Policies KP2 and CP4 and the Design and Townscape Guide (SPD1).

That the authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

That when serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance. In this case it is considered that a compliance period of 1 month is reasonable.
2:00 p.m./4.35 p.m.

Attendance Details

Present:
Councillor D A Norman (Chairman),
Councillors A Crystall (Vice-Chairman), M Assenheim, M L Borton, R A H Brown, E A Day, M F Evans, D A Garston, M R Grimwade, S J Habermel, R E Hadley, B T Kelly, G Lewin, P R Van Looy, C W Walker, R A Woodley
In attendance:
Councillors M T Caunce, A M Chalk, A P Jones, A Kaye, J McMahon
J K Williams, P Geraghty, D Hermitage, M Leigh, M Warren and T Row

Business

ItemBusiness
757The Committee received reports of the Corporate Director Enterprise, Tourism and the Environment which reported on applications which had been deposited with the Council.
758The Committee received a report of the Corporate Director Enterprise, Tourism and the Environment which reported on alleged breach of planning control.

 

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