Meeting documents

The Council
Thursday, 28th February, 2013 6.30 pm

Development Control Minutes

Date:
Wednesday, 9th January, 2013
Time:
14:00
Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
649 Apologies and substitutions.
 An apology for absence was received from Councillor D A Garston (Substitute: Councillor Robertson).
650 Declarations of interest.
 The following declarations of interest were made:-

(a) Councillor Assenheim - SOS/12/001431/FULM - Non-pecuniary interest: Governor Shoeburyness High School;

(b) Councillor Assenheim - SOS/12/01506/FUL - Non-pecuniary interest: Acquainted with the objector who spoke at the meeting;

(c) Councillor Borton - EN/12/00220/UNAU-B - Non-pecuniary interest: Resides in the same road as the application and the owner of is known to her on a casual basis only;

(d) Councillor Crystall - SOS/12/01426/FUL - Disqualifying non-pecuniary interest: Sister in law lives close to application site (withdrew);

(e) Councillor Grimwade - SOS/12/01093/FULH - Disqualifying non-pecuniary interest: Has spoken with neighbours and applicant (withdrew);

(f) Councillor Habermel - SOS/12/01426/FUL - Disqualifying non-pecuniary interest: Relatives live close to application site (withdrew);

(g) Councillor Van Looy - SOS/12/01506/FUL - Disqualifying non-pecuniary interest: Applicant's Agent is known to him (withdrew);

(h) Councillor Walker - SOS/12/01506/FUL - Non-pecuniary interest: Applicant's Agent is known to him;

(i) Councillor Woodley - SOS/12/01506/FUL - Non-pecuniary interest: Applicant's Agent is known to him.
651 Minutes of the Meeting held on Wednesday, 17th October, 2012
  • Minutes
Resolved:-

That the Minutes of the meeting held on Wednesday, 17th October 2012 be received, confirmed as a correct record and signed.
652 Minutes of the Meeting held on Wednesday, 14th November, 2012
  • Minutes
Resolved:-

That the Minutes of the meeting held on Wednesday, 14th November 2012 be received, confirmed as a correct record and signed.
653 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.
654 Reports on Planning Applications
Business for item 654
The decision of the Committee in relation to each application is set out below:-

(a) Chalkwell Ward (pmsv)
SOS/12/01506/FUL
Demolish existing storage buildings and erect dwellinghouse
Storage Units At Rear of, 34 - 36 Crowstone Road, Westcliff-on-Sea, Essex, SS0 8BA
Mr. K. Burke
Sorrell Chartered Surveyors

Mr Samuels, a local resident, spoke as an objector to the application. Mr Clarke, the Applicant's Agent, responded.

Planning Permission REFUSED subject to the following reasons:

01 The access to the site from Crowstone Road is narrow and has poor visibility. Its shared use by pedestrians and vehicular traffic (including emergency services) will lead to conflict that would result in hazardous conditions. In this respect the application is contrary to the National Planning Policy Framework, policies KP2, CP3 and CP4 of the Southend-on-Sea Core Strategy, policy T8 of the Southend-on-Sea Borough Local Plan, and guidance contained within the SPD1 (Design and Townscape Guide).

02 The proposal is considered an unsustainable form of development as it will result in a poor standard of accommodation for future occupiers due to the substandard provision of usable amenity space due to its size and location contrary to guidance contained within the National Planning Policy Framework, Policy KP2 of the Core Strategy, Policy H5 of the Borough Local Plan and the Design and Townscape Guide (SPD1).


(b) Leigh Ward (pmsv)
SOS/12/01208/FUL
Demolish existing block of flats, erect 5 storey building comprising of 5 self contained flats with basement car parking, lay out cycle and bin store.
31 Grand Parade, Leigh-on-Sea, Essex, SS9 1DX
Executive & Waterside Properties Limited
Cirrus Planning and Development Limited

Mr Turner, a local resident, spoke as an objector to the application. Mr Dodkins, the Applicant's Agent responded.

Planning Permission REFUSED for the following reasons;

01 The proposed development, by reason of its detailed design, excessive bulk, massing and siting would result in an incongruous and discordant feature within the streetscene to the detriment of the character and appearance of area contrary to the provisions of the National Planning Policy Framework, policy KP2 and CP4 of the Core Strategy (DPD1) and policies C11, H5 and H7 of the Borough Local Plan and advice contained within the adopted Design and Townscape Guide (SPD1).

02 The proposed development due to its height, bulk and position in relation to 24 and 26 Glen Road would result in an unreasonable sense of enclosure and loss of privacy through unmitigated overlooking. Furthermore it has not been demonstrated that the development would not result in a material loss of daylight and sunlight to the detriment of the amenities of occupiers of these properties contrary to the provisions of Policy CP4 of the Core Strategy, Policies C11, H5 and H7 of the Southend-on-Sea Borough Local Plan and the Design and Townscape Guide.


(c) Milton Ward
SOS/12/01276/FUL
Convert existing property into five self contained flats
77 York Road, Southend-on-Sea, Essex, SS1 2BZ
Mr. G. Sandhu
New World Designers

Planning Permission GRANTED 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: 1 of 1.

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

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), H6 (Protecting residential Character), 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.

Informatives:

1. 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

2. The sound insulation in each new unit of a residential conversion should meet the standards set out in the current Building Regulations Part E and associated approved documents. Please contact our Building Control (phone 01702 215004) if you need further advice.

3. 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 and 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.


(d) Milton Ward
SOS/12/01496/BC3 and SOS/12/01494/LBC
Install wind breaks to south station (planning permission and listed building consent)
The Pier, Western Esplanade, Westcliff-on-Sea, SS1 1EE
Mr M. Murphy, Southend Borough Council
Mr M. Murphy, Southend Borough Council

SOS/12/01496/BC3

DELEGATED to the acting Head of Planning and Transport or the Corporate Director of Enterprise, Tourism and the Environment to GRANT PLANNING PERMISSION subject to the following conditions:

01 The development hereby permitted shall begin no 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 The development hereby permitted shall be carried out in accordance with the approved plans: 1244/01 Sheet 1 of 1.

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 details of the glass infills to the canopies have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: To safeguard the character and appearance of the structure, particularly having regard to the status of Southend Pier as a Grade II Listed Building in accordance with Policies C2 of the Southend-on-Sea Borough Local Plan and Policy CP4 of the Core Strategy DPD1.

Reason for Approval
This permission has been granted having regard to National Planning Policy Framework, Core Strategy DPD1 Policies KP2 (Development Principles) and CP4 (The Environment and Urban Renaissance), BLP Polices L1 (Facilities for Tourism), L3 (Southend Pier), C2 (Historic Buildings), C11 (New Buildings, Extensions and Alterations), the Design and Townscape Guide (SPD1) 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 the refusal of permission.


SOS/12/01494/LBC

DELEGATED to the acting Head of Planning and Transport or the Corporate Director of Enterprise, Tourism and the Environment to REFER THE APPLICATION FOR LISTED BUILDING CONSENT to the Secretary of State with a recommendation to GRANT LISTED BUILDING CONSENT 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 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

02 The development hereby permitted shall be carried out in accordance with the approved plans: 1244/01 Sheet 1 of 1.

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 details of the glass infills to the canopies have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority. Such agreed details shall be permanently retained.

Reason: To safeguard the character and appearance of the structure, particularly having regard to the status of Southend Pier as a Grade II Listed Building in accordance with Policies C2 of the Southend-on-Sea Borough Local Plan and Policy CP4 of the Core Strategy DPD1.

Reason for Approval

This permission has been granted having regard to the National Planning Policy Framework, Core Strategy DPD1 policies KP2 (Development Principles) and CP4 (The Environment and Urban Renaissance), BLP Polices L3 (Southend Pier) and C2 (Historic Buildings), the Design and Townscape Guide (SPD1) 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 the refusal of permission.


(e) St Laurence Ward
SOS/12/01503/FUL
Erect two storey dwellinghouse on land at rear of 127 and 129 Eastwoodbury Lane, lay out parking, amenity area, and form vehicular access onto Avro Road
Rear of 127 and 129 Eastwoodbury Lane, Eastwood, Southend-on-Sea, Essex, SS2 6UY
Mrs P Henshaw
DK Building Designs

Mr Graham, a local resident, spoke as an objector to the application.

Planning Permission GRANTED subject to the following conditions:-

01 The development hereby permitted shall be begun not later than three years beginning with the date of this permission.

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

02 The development hereby permitted shall be carried out in accordance with the approved plan 2635-11.

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 details including samples of the materials to be used on the external elevations; fences and hardstanding surfaces have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason: To safeguard the character and visual amenities of the area, in accordance with the National Planning Policy Framework, policies KP2 and CP4 of DPD1 (Core Strategy) and Policy C11 of the Southend-on-Sea Borough Local Plan and the Design and Townscape Guide SPD1.

04 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved unless otherwise agreed in writing by the local planning authority. These details shall include, for example:-

i. proposed finished levels or contours;
ii. means of enclosure;
iii. car parking layouts;
iv. other vehicle and pedestrian access and circulation areas;
v. hard surfacing materials;
vi. minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.);
vii. proposed and existing functional services above and below ground (e.g. drainage power,
viii. communications cables, pipelines etc. indicating lines, manholes, supports.);
ix. retained historic landscape features and proposals for restoration, where relevant.

Soft landscaping including trees, species, number of specimens and planting schedule shall be submitted to and agreed in writing with the local planning authority.

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).

05 The window at first floor level in the south elevation of the proposed development shall only be in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut and unopenable, except for any top hung light which shall be a minimum of 1.7 metres above internal floor level. In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4. Unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

06 Notwithstanding any provisions to the contrary, no additional windows or other openings, including any change in the height or size of the windows on the plans hereby approved, shall be inserted into the flank elevations of the development hereby approved, without first obtaining the written permission of the Local Planning Authority.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

07 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any order revoking and re-enacting that Order with or without modification, no development shall be carried out within Schedule 2, Part 1, Class A, B, C, D, E to those Orders.

Reason: To safeguard the amenities of the adjoining residential properties, with DPD1 (Core Strategy) 2007 policy CP4, Borough Local Plan 1994 policy H5, and SPD1 (Design and Townscape Guide).

08 Two car parking spaces and the vehicle access shall be provided in accordance with plan number 2635-11 Revision A prior to occupation of the dwellinghouses hereby approved and retained, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that satisfactory off-street parking and turning provisions is provided for occupants of the new dwelling(s) and in the interests of residential amenity and highway efficiency and safety, in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) 2007 policy KP2, Borough Local Plan 1994 policy T8 and T11, and SPD1 (Design and Townscape Guide).

09 Before the development hereby permitted is begun a scheme for generating not less than 10% of the predicted energy requirement of the development from decentralised renewable and/or low carbon sources shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the development is first occupied and shall remain operational for the lifetime of the development unless otherwise agreed in writing by the local planning authority.

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework, DPD1 (Core Strategy) policy KP2 and CP4, and SPD1 (Design and Townscape Guide).

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

Reason: To ensure surface water is adequately managed in the interests of flood prevention and pollution control, in accordance with DPD1 (Core Strategy) 2007 policy KP2.

11 Demolition or construction works shall not take place outside 0730 hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays and at no time on Sundays or Bank Holidays.

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

Reasons for Approval:
This permission has been granted having regard to the National Planning Policy Framework, Policy KP2 (Development Principles), Policy CP4 (The Environment and Urban Renaissance) of the Core Strategy DPD, Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential Design and Layout Considerations) of the Borough Local Plan, the Design and Townscape Guide (SPD1) 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 the refusal of permission.


(f) Blenheim Park Ward
SOS/12/001431/FULM
Erect two log cabins to be used as classrooms
Westcliff High School For Girls, Kenilworth Gardens, Westcliff-on-Sea, Essex, SS0 0BS
Westcliff High School For Girls
Emptage Architects

Planning Permission GRANTED subject to the following conditions:

01 This permission shall be for a temporary period expiring in three years from the date of this permission by which date the buildings shall be removed.

Reason: The proposal represents an unsatisfactory form of development, the long term retention of which would be detrimental to the character, appearance and visual amenity of the streetscene contrary to Policies KP2 and CP4; Policy C11 of the Southend-on-Sea Borough Local Plan and the Design and Townscape Guide.

02 The development hereby permitted shall be carried out in accordance with the following approved plans: 12759:P10: A and12759:P12

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

03 At the expiration of the permission all the buildings the, subject of this permission, being removed the land shall be restored to its former condition.

Reason: To safeguard the visual amenities of the area, in accordance with Policy CP$ of the Core Strategy and Policies E5 and U7 of the Southend-on-Sea Borough Local Plan.

Reasons for Approval:

This permission has been granted having regard to East of England Plan (May 2008) Policies SS1 (Achieving Sustainable Development) and ENV7 (Quality in the Built Environment), the Core Strategy Policies KP2 (Spatial Strategy) and CP4 (Development Principles) and Policies C11 (New Buildings, Extensions and Alterations), E5 (Non-residential Uses Located Close to Housing), U7 (Existing Education Facilities), 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.


(g) Leigh Ward
SOS/12/01426/FUL
Application for variation of condition 2 of planning permission 07/00695/FUL allowed on appeal on the 25th July 2007 to allow the sale of tables and chairs on site
42 Broadway, Leigh-on-Sea, Essex, SS9 1AJ
Mr A Fell
SK Architects Ltd

Planning Permission REFUSED for the following reasons:

01 The variation of condition to allow the sale of tables and chairs would create uncertainty regarding the lawful use of the property as a mixed A1 and A3 unit. The nature of the variation to the condition would result in no clearly identifiable segregation of use between the demarcated A1 floorspace to the front and the A3 floorspace to the rear of the site. The variation of condition in the manner proposed by the application would undermine the Council's ability to monitor and enforce breaches of planning control and render the condition (which serves a proper planning purpose in distinguishing between the two distinct uses) unenforceable. In these respects that application is detrimental of the vitality and viability of the retail function of the Leigh District Centre contrary to Policy CP4 of the Core Strategy (DPD1), Policies S1 and S5 of the Borough Local Plan and guidance contained within the NPPF.


(h) Belfairs Ward
SOS/12/01093/FULH
Erect shed/play house in rear garden (retrospective)
91 Eastwood Old Road, Eastwood, Leigh-on-Sea, Essex
Mr M Lawrence

Planning Permission REFUSED subject to the following reasons:

01 The proposed development by reason of its siting, design and scale results in an unneighbourly form of development which is unsightly, causes an unreasonable sense of enclosure, loss of privacy through overlooking and an increase in noise and disturbance to the detriment of the amenities of neighbouring occupiers. This is contrary to the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy, Policies C11 and H5 of the Borough Local Plan and the Design and Townscape Guide (SPD1).

02 The two storey building which combines the provision of storage space (including the potential for hazardous substances) and a children's play facility will result in harm to the living conditions of the occupiers due to a material conflict between these uses which is likely to cause unreasonable danger to children using the outbuilding contrary to Policy C11 of the Borough Local Plan.

(Councillor Crystall requested that his vote in support of the application be recorded.)
655 Enforcement of Planning Control
Business for item 655
(a) Prittlewell Ward (EN/12/00220/UNAU-B) - Without planning permission, the erection of an outbuilding which exceeds 2.5m in height within 2.0m of a boundary at 23 Rochester Drive, Westcliff-on-Sea, SS0 0NJ

Resolved:-

That no further action be taken.


(b) Chalkwell Ward (EN/12/00238/UNAU-B) - The implementation of the approved development other than in accordance with condition 03 of planning permission 12/00451/FULH which requires "all new work to the outside of the building must match existing in terms of the choice of materials, method of construction and finished appearance at 18 Lansdowne Avenue, Leigh-on-Sea, SS9 1LL

Resolved:-

That no further action be taken.


(c) Southchurch Ward (EN/12/00232/UNAU) - Erection of playhouse without planning permission at 22 Steyning Avenue Southend-on-Sea

Resolved:-

That no further action be taken.


(d) St Lukes Ward (12/00176/UCOU_B)- Use yard adjacent to 10 Coopers Way as a car park and erect a boundary fence without planning permission at Yard adjacent 10 Coopers Way, Southend-on-Sea, Essex, SS2 5TE

Resolved:-

That ENFORCEMENT ACTION be authorised to secure the cessation of the use as a commercial car park and the removal of associated office building on the grounds that the unauthorised use is considered detrimental to the to the employment generating opportunities within the borough contrary to Policy E4 of the Borough Local Plan and Policies KP1, KP2 and CP1 of the Core Strategy and provides commercial car parking associated with the day to day operations of the airport for which there is already sufficient provision made within the Borough contrary to Policies KP3 and CP3 of the Core Strategy and Policy T17 of the Borough Local Plan.

That the enforcement action to include (if/as necessary) the service 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, a compliance period of 3 months is considered reasonable.

That NO FURTHER ACTION be authorised in respect of the fence as the development is considered not to have an undue impact on the character of the area or the amenity of the adjoining property and is therefore in accordance with BLP Policy C11 Policies KP2 and CP4 of the Core Strategy and advice contained within the adopted Design and Townscape Guide (SPD1).
2.00 p.m./3.55 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, M R Grimwade, S J Habermel, R E Hadley, B T Kelly, G Lewin, I T Robertson*, P R Van Looy, M Velmurugan, C W Walker, R A Woodley
(*Substitute in accordance with Council Procedure Rule 31)
In attendance:
J K Williams, P Geraghty, P McIntosh, M Leigh, M Warren and T Row

Business

ItemBusiness
654The Committee received reports of the Corporate Director Enterprise, Tourism and the Environment which reported on applications which had been deposited with the Council.
655The 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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