Apologies for absence were received from Councillors Dent (no substitute), Jones (substitute: Councillor Berry) and Wakefield (substitute: Councillor Shead).

The following interests were declared at the meeting:

(i)  Councillor Buck – Application No. 21/00344/FUL - 23-29 Clarence Street, Southend-on-Sea – Non-pecuniary interest: Applicant is known to him;

(ii)  Councillor Buck – Application No. 21/01133/FULH - 1 Highwood Close, Leigh-on-Sea – Disclosable Pecuniary Interest: Property owner and applicant (withdrew);

(iii)  Councillor D Garston – Application Nos. 21/00289/FUL & 21/00416/LBC - Cockethurst, Eastwoodbury Lane, Eastwood – Non-pecuniary interest: Applicant known to him;

(iv)  Councillor D Garston – Application No. 21/01133/FULH - 1 Highwood Close, Leigh-on-Sea – Disqualifying non-pecuniary interest: Applicant is a fellow Councillor, Member of the Committee and a personal friend (withdrew);

(v)  Councillor Mitchell – Application No. 21/00344/FUL - 23-29 Clarence Street, Southend-on-Sea – Non-pecuniary interest: Has corresponded with residents on the planning application process; and

(vi)  In addition to the above, all Councillors in attendance declared a non-pecuniary interest in Application No. 21/01133/FULH - 1 Highwood Close, Leigh-on-Sea on the basis that the applicant was a fellow Councillor and member of the Committee.

Resolved:-

That the Minutes of the meeting held on Wednesday, 30^th March 2021 be received, confirmed as a correct record and signed.

Resolved:-

That the Minutes of the meeting held on Wednesday, 7^th April 2021 be received, confirmed as a correct record and signed.

Resolved:-

That the Minutes of the meeting held on Wednesday, 2^nd June 2021 be received, confirmed as a correct record and signed.

Resolved:-

That the Minutes of the meeting held on Wednesday, 7^th July 2021 be received, confirmed as a correct record and signed.

The Committee received and noted a supplementary report by the Deputy Chief Executive and Executive Director (Growth and Housing) that provided additional information on the items referred to elsewhere on the Agenda

Proposal: Change of use from storage/distribution (Class B8) to Boxing Gym (Class E) (Retrospective)

Applicant: Mr Pinnock

Agent: Plainview Planning

Mrs Catchpole, a local resident, spoke as an objector to the application.  Mr Pinnock, the applicant, responded.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01. The development is hereby permitted in accordance with the following approved plans: Site Location Plan, Existing and Proposed Floor Plans, Existing Elevations.

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

02. The premises shall not be open for customers outside the following hours: Monday - Friday 09:00 - 21:00; Saturday 09:00 - 16:00; Sunday 10:00 - 16:00.

Reason: To protect the environment of people in neighbouring properties in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

03. Amplified music shall not be played on the premises outside the following hours: Monday - Friday 09:00 - 21:00; Saturday 09:00 - 16:00; Sunday 10:00 - 16:00.

Reason: In accordance with the submitted Noise Impact Assessment, to safeguard the amenities of neighbouring occupiers in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

04. The exterior windows and doors of the unit shall remain closed at all times during the operation of the use hereby approved.

Reason: To safeguard the amenities of the neighbouring properties in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

05 (i) Within three months of the date of this permission, a detailed noise mitigation scheme, with timetable for implementation, based on the noise impact assessment and outline recommendations made in the reports Noise Impact Assessment Site Address: 366 Rayleigh Road, Eastwood, Essex, SS9 5PT Date: 22/03/2021 Project Number 5751MP Version Reference 001 and Noise Impact Assessment Site Address: 366 Rayleigh Road, Eastwood, Essex, SS9 5PT Date: 07/06/2021 Project Number 6145MP Version Reference 001 5751MP shall be submitted to and approved by the Local Planning Authority. The scheme shall include noise limiters to be fitted to all amplified music equipment and shall specify the prescribed noise limit with reference to the agreed noise impact assessment and outline recommendations identified above;

(ii) The agreed detailed noise mitigation scheme shall be installed in full accordance with the approved timetable;

(iii) a post completion noise survey must be undertaken in accordance with the approved timetable, by a suitably qualified acoustic consultant, and within the approved timetable a report shall be submitted to and approved in writing by the Local Planning Authority. The post-completion testing shall assess performance of the agreed scheme. The gymnasium use shall always thereafter and be operated in full accordance with these approved noise mitigation measures in perpetuity.

(iv) If the noise levels  ...  view the full minutes text for item 197.

Proposal:

1. 21/00289/FUL - Convert existing farm buildings into single dwelling house

2. 21/00416/LBC - Convert existing farm buildings into single dwelling house (Listed Building Consent)

Applicant: Mr David Dedman

Agent: SKArchitects

Resolved:-

1.  That PLANNING PERMISSION be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin not later than three years of 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 10186-01, 10186-02, 10186-03, 10186-04, 504_P308B, 504_P400A, 504_P401A, 504_P402A, 504_P403B, 504_P404, 504_P405A, 504_P406A, 504_P407A, 504_P409, 504_P410A, 504_P411A

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

03 The development hereby approved shall be carried out in full accordance with the mitigation measures identified in the Flood Risk Assessment by SLR reference 402.08714.00004 dated Feb 2020 and plans reference 504_P411A and 504_409 before the approved dwelling is occupied and the recommended mitigation measures shall be maintained for the lifetime of the development.

Reason: To ensure the site is protected to the standard that the development is designed and modelled to within the submitted Flood Risk Assessment National Planning Policy Framework and Policy KP2 of Core Strategy.

04 The materials used for the development hereby approved shall only be as specified on plans reference 504_308B, 504_P403B, 504_P404, 504_P406A, 504_P409 unless alternative material details are otherwise submitted to and agreed in writing with the local planning authority under the scope of this planning condition. 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).

05 The retention and re-siting of the existing historic features impacted by the development hereby approved shall be carried out in full accordance with the specifications set out in the Gazetteer of Historic Features by SKArchitects reference 504B and plans reference 504_409 and 504_410A before the dwelling hereby approved is brought into use.

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

06 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no new windows, doors or rooflights shall be installed unless and until full detailed design drawings and cross sections of the proposed new doors including shutters where appropriate, windows and rooflight detailing to be installed in the dairy roof vents at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the  ...  view the full minutes text for item 198.

Proposal: Change of use and convert existing takeaway and restaurant at ground floor level and A2 office space at first floor level into 4 No. self-contained houses, amenity space to rear at first floor level with privacy screen and alterations to front, side and rear elevations

Applicant: Stockvale Investments Ltd.

Agent: SKArchitects

Resolved:-

That planning permission be GRANTED 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: 400-P101; 400-P102.

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

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place until and unless samples of the external materials and full details of the windows, doors, internal shutters, privacy screens and party walls subdividing the dwellings 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. The development shall be carried out in full accordance with the approved details before it is first occupied.

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 (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3, DM5 and the guidance contained within the Design and Townscape Guide (2009).

04 Notwithstanding the provisions of Classes A & B of Part 1 of Schedule 2 to the Town and Country Planning General Permitted Development Order 2015 (or any statutory modification or re-enactment or replacement thereof (as the case may be), no development falling within those classes shall be undertaken at the site unless express planning permission has been obtained from the Local Planning Authority.

Reason: To safeguard the design and appearance of the proposed development in the interest of visual amenities of the locality and in order to protect the amenities of surrounding occupiers in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

05 Prior to the first occupation of the dwellings hereby approved, full details of the design and layout of the ‘winter gardens’ and external amenity spaces at first floor level shown on the plans otherwise hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The submission made shall include details of the hard and soft landscaping within these areas, all privacy screens and means of enclosure to be installed and the mechanism for opening and closing the winter gardens.  The winter gardens and external amenity  ...  view the full minutes text for item 199.

Proposal: Change of use of first floor of existing doctor’s surgery and convert in to one (1no.) self-contained flat, erect linked two storey building at rear, to be used as two (2no.) self-contained flats and layout associated amenity space, cycle and bin stores

Applicant: Dr B Bekas

Agent: Mr Colin Stone of StoneMe Ltd.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

General Conditions

01 The development hereby permitted shall begin no later than three years from the date of this decision.

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

02 The development hereby approved shall be carried out in accordance with the approved plans: 1825 10, 1825 11 a, 1825 15, 1825 16, 1825 17

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

Design and related conditions

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, the development hereby permitted shall not commence, other than for site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the proposed building at the site, including facing materials, roof detail, windows, doors, fascia and soffits, have been submitted to and approved in writing by the Local Planning Authority. The works must then be carried out in full accordance with the approved details before the dwellings hereby approved are first occupied.

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no waste or recycle bin storage facilities shall be provided on either frontage of the application site.

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3, DM8 and DM15, and the advice contained within the National Design Guide (2019), the Design and Townscape Guide (2009), and the Waste Storage, Collection and Management Guide for New Developments (2019).

05 Within the first available planting season (October to March inclusive) following the first use of the development hereby approved, a soft landscaping scheme shall be implemented in line with details which have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of these conditions. The soft landscaping scheme be implemented, completed and maintained thereafter in full accordance with the approved details.

Within a period of five years from the completion of the development hereby approved, or from the date of the planting of any tree or any tree planted in its replacement, if any tree planted as part of the approved landscaping scheme is removed, uprooted, destroyed, dies, or becomes,  ...  view the full minutes text for item 200.

Proposal: Erect detached dwellinghouse with associated amenity space and parking (Amended Proposal)

Applicant: Mr Shane Henstock

Agent: Mr Anthony Maskell

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin no later than three years of 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: Jan021-001 Amendment ‘B’- Existing & Proposed Site Plan; Block Plan Sketch C, Jan020-017; Existing & Proposed Elevations; Sketch D; Roof Plan

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

03 Notwithstanding the information submitted with the application, no development above ground floor slab level shall take place until full details and samples of the materials to be used on all the external elevations of the dwelling hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out and completed 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 No development above ground level shall take place until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include, but not limited to:-

(i.)  means of enclosure, of the site including any gates or boundary fencing; 

(ii.)  car parking layouts; 

(iii.)  other vehicle and pedestrian access and circulation areas; 

(iv.)  hard surfacing materials;

(v.)  details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification

(vi.)  details of measures to enhance biodiversity within the site;

Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed with the Local Planning Authority

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping and tree protections measures are implemented pursuant to Policy DM1 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

05 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  ...  view the full minutes text for item 201.

Proposal: Change of use from storage/distribution (Class B8) to MOT Testing station and vehicle repair garage (Class B2) and alter front elevation

Applicant: Mr Karsaz Jamal Hassan

Agent: Mr Gurdev Singh of Architectural Services

Mrs Catchpole, a local resident, spoke as an objector to the application.

Resolved:-

That planning permission be REFUSED for the following reason:

01 Inadequate information has been provided to demonstrate that the proposed development would not result in significant and demonstrable harm to the residential amenity of neighbouring occupiers in terms of noise, disturbance and fumes. This is unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP1, KP2, and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM11 of the Development Management Document (2015).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and clearly setting these out in the reason(s) for refusal. Furthermore, Members of the Development Control Committee, which took the decision to refuse planning permission, based their view on a detailed report prepared by officers and have considered whether there are opportunities to amend the development to address this harm. Where a potential way forward has been identified, this has been communicated to the Applicant.

Informatises:

1. You are advised that as the proposed extension(s) or change of use to your property equates to less than 100sqm of new floorspace and does not involve the creation of a new dwelling (Class C3), the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See the Planning Portal (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) or the Council's website (www.southend.gov.uk/cil) for further details about CIL.

Proposal: Application to vary condition 1 (Approved opening hours) to extend opening hours to allow school children and working adults to utilise the facilities (Minor Material Amendment of planning permission 20/00160/FUL allowed on appeal dated 30/03/2021)

Applicant: Mrs T Kennedy

Agent: Mr Tony Collins

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01  The swimming pool subject of this permission shall operate only in accordance with the following approved hours:

Mondays-Thursdays: Classes: 9:30-18:00 - 1:1’s: 18:00-20:00

Fridays Classes: 9:30-18:00 - 1:1’s: 18:00-20:00

Saturdays: Classes: 9:00-14:00 - 1:1’s: 14:00-18:00

Sundays: - 1:1’s:  10:00-16:00

And at no other times

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

02  The commercial use of the swimming pool subject of this permission shall be limited to no more than 3 users at any one time.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

03  Vehicle parking for visitors using the swimming pool subject of this permission during its commercial periods of operation shall be permanently provided, maintained and made available for use within the 6 marked bays at the front of the property in strict accordance with plan No. CC/001.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

04  The swimming pool subject of this permission shall be operated solely in accordance with the Travel Plan details previously submitted to and approved in writing by the Local Planning Authority under the approval of details application reference 21/00955/AD or any other details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be operated in accordance with the details approved under this condition in for its lifetime.

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with the National Planning Policy Framework, Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15 and the Design and Townscape Guide (2009).

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.  ...  view the full minutes text for item 203.

Proposal: Erect car port to front and install solar panels to roof

Applicant: Mr K Buck

Agent: Mr Paul Seager of APS Design Associates Ltd.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin no later than three years from the date of the decision.

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

02  The development shall be undertaken solely in accordance with the following approved plans: Drawing number 01; Drawing number 02; Drawing 03.

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

03  All new work to the outside of the building must match existing original work in terms details of materials, method of construction and finished appearance. This applies unless differences are shown in approved plans.

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 (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

04  The roof of the car port hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other purpose unless express planning permission has previously been obtained. The roof can however be used for the purposes of maintenance or to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

Informatives

01. You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.

02. You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning  ...  view the full minutes text for item 204.