Apologies for absence were received from Councillors Callaghan, Folkard Substitute: Councillor McGlone), Hadley (Substitue: Councillor Butler), Van Looy and Ward.

The following interests were declared at the meeting:

(a)  Councillor  Arscott – Agenda Item No. 4: 16/01475/FULM - Grand Hotel, Broadway, Leigh on Sea – Non-pecuniary interest: Acquainted with various neighbours and business owners in the area;

(b)  Councillor  Arscott – Agenda Item No. 5: 16/02045/FULM - Rileys, 258 Leigh Road. Leigh on Sea – Non-pecuniary interest: Acquainted with various neighbours and business owners in the area;

(c)  Councillor  Arscott – Agenda Item No. 9: 17/00822/BC3M - Sacred Heart Roman Catholic School, Windermere Road, Southend on Sea – Non-pecuniary interest: Governor of Our Lady of Lourdes Catholic Primary School which is a partner school with Sacred Heart Roman Catholic School;

(d)  Councillor Boyd – Agenda Item No. 4: 16/01475/FULM - Grand Hotel, Broadway, Leigh on Sea – Non-pecuniary interest: Owns a property in the general vicinity;

(e)  Councillor D Garston – Agenda Item No. 4: 16/01475/FULM - Grand Hotel, Broadway, Leigh on Sea – Non-pecuniary interest: Lives in the general vicinity and the premises was referred to by the objector in his address to the Committee;

(f)  Councillor J Garston – Agenda Item No. 4: 16/01475/FULM - Grand Hotel, Broadway, Leigh on Sea – Non-pecuniary interest: Family member lives in the general vicinity and the premises was referred to by the objector in his address to the Committee;

(g)  Councillor Mulroney – Agenda Item No. 4: 16/01475/FULM - Grand Hotel, Broadway, Leigh on Sea – Non-pecuniary interest: Member of Leigh Town Council and Leigh Society (non-participant in planning); and

(h)  Councillor Mulroney – Agenda Item No. 5: 16/02045/FULM - Rileys, 258 Leigh Road. Leigh on Sea – Non-pecuniary interest: Member of Leigh Town Council (non-participant in planning).

The Committee received a supplementary report by the Deputy Chief Executive (Place) that provided additional information on items referred to elsewhere on the Agenda.

Proposal:  Convert existing hotel into mixed use comprising of basement wine bar and health club, ground floor restaurants and terrace, 19 self-contained flats on three floors, form new mansard roof and penthouse roof extension and three storey rear extension with mansard roof, external alterations, install extract/ventilation equipment and solar PV panels, layout parking, associated landscaping and form new vehicular access onto Broadway

Applicant:  460 Leisure Ltd

Agent:  Mr Kieron Lilley

Mr O’Boyle, a local resident, spoke as an objector to the application.  Mr Lilley, the Applicant’s Agent responded.

Planning Permission REFUSED for the following reasons:

01  The development, by reason of the design, mass, scale, siting and size of the proposed fourth floor penthouse roof extension and the increased scale and detailed design of the enlarged mansard roof, would have a detrimental impact on and be significantly harmful to the character and appearance of the locally listed building and the Leigh Cliff Conservation Area more widely.  The development is therefore considered to be unacceptable and contrary to the National Planning Policy Framework (2012), policies KP2 and CP4 of the Southend Core Strategy (2007), policies DM1, DM3 and DM5 of the Southend Development Management Document (2015) and the advice contained in the Design and Townscape Guide (2009).

02  The submission does not include a completed formal undertaking to secure an appropriate financial contribution to the provision of education facilities in the borough, to mitigate the demand for such facilities generated by the development proposed. The application is therefore unacceptable and contrary to the National Planning Policy Framework and Policies KP2, KP3 and CP6 of the Southend Core Strategy (2007).

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.  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.

Informative

Please note that this application would be liable for a payment under the Community Infrastructure Levy Regulations 2010 (as amended) if planning permission had been granted. Therefore if an appeal is lodged and subsequently allowed, the CIL liability will be applied. Any revised application would also be CIL liable.

Proposal:  Demolish existing building and erect 5 storey building incorporating 22 self-contained flats with balconies/terraces, layout parking and cycle stores at basement level, refuse store and amenity space.

Applicants:  Property Generation Services Limited

Agent:  Property Generation Services Limited

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

•  a financial contribution for affordable housing of £187,485 (index-linked) in lieu of on-site provision, which is payable prior to occupation of the 7th dwelling

•  a financial contribution towards secondary education provision of £40,315 (index-linked), specifically providing increased capacity at Futures Community College/Southchurch High School, which is payable prior to occupation of the 7th dwelling

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

01  The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

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

02  The development shall be carried out in accordance with the approved plans:  01 Site Location Plan; 02 Existing plans and elevations; 03 Proposed Site Plan & Parking Revision D; 05 Proposed Plans 0-3 Revision E; 06 Proposed fourth floor and roof plan Revision B;  Proposed elevations north and south revision C; Proposed elevations east and west revision C.

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

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

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the BLP and policies DM1 and DM3 of the Development Management DPD 2015

04  No construction works above the lower ground floor (parking) floor slab level shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority.  These details shall include: proposed finished levels or contours; means of enclosure (including any gates to the car parks); car parking layouts;  other vehicle and pedestrian access and circulation areas;  hard surfacing materials;  minor artefacts and structures (e.g. furniture, loggia, bollards,  ...  view the full minutes text for item 123.

Proposal:  Demolish existing two lane shopping collection point to the side and install a five lane shopping collection point to the side and alter vehicular access and erect new canopy

Applicant:  Asda Superstores Limited

Agent:  Whittam Cox Architects

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  The development hereby permitted shall be carried out in accordance with the approved plans PL_01A Site Location Plan; PL_02B Proposed external Drive Thru; PL_03 Existing click and Collect Canopy.

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

03  The development hereby approved shall be carried out in accordance with details on drawing PL_02 Revision with respect to the materials used before it is brought into use.

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 surrounding locality. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management Document) 2015 policies DM1 and DM3 and SPD1 (Design and Townscape Guide).

Informative

01  You are advised that as the proposed works will not result in the creation of internal floorspace in accordance with 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.

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.

Proposal:  Erect two storey dwellinghouse on land at rear (Amended Proposal)

Applicant:  Mrs Linda Harrison

Agent:  Mercer Planning Consultants Ltd

Mr Dayer, a local resident, spoke as an objector to the applicant.  Mr Mercer, the Applicant’s Agent, responded.

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  The development shall be carried out in accordance with the approved plans: P1000 Revision A; P1001 Revision A; P1002; P1003 Revision C; P1005; P1007; P1010; P1011; P1012; P1008; P1006; P1004 Revision A and P1009.

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

03  No development shall take place until samples of the materials to be used on all the external elevations, including walls, roof, windows, doors, paving, and on any screen/boundary walls and fences, driveway, forecourt or parking area have been submitted to and approved by the local planning authority.  The development shall be carried out in accordance with the approved details before it is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with Policy DM1 of the Development Management DPD and KP2 and CP4 of the Core Strategy.

04  The development shall not be occupied until 5 car parking spaces have been provided at the site in accordance with drawing P1001 Revision A, together with properly constructed vehicular accesses to the adjoining highway, all in accordance with the approved plans.  The parking spaces shall be permanently retained thereafter for the parking of occupiers of and visitors to the development.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policies DM15 of the Council’s Development Management DPD and CP3 of the Core Strategy DPD1.

05  No development 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, unless otherwise agreed in writing by the local planning authority. The details submitted shall include, but not limited to:-

i  proposed finished site levels or contours; 

ii.  means of enclosure, of the site including any gates or boundary fencing; 

iii.  car parking layouts; 

iv.  other vehicle and pedestrian access and circulation areas; 

v.  hard surfacing materials; 

vi. minor artefacts and structures (e.g. street furniture, loggia, bollards, play equipment, refuse or other storage units, signs, lighting, etc.);

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

ix. details of measures to enhance biodiversity within the site;

Any  ...  view the full minutes text for item 125.

Proposal:  Convert existing dwellinghouse (Class C3) to house in multiple occupation

Applicant:  Mr and Mrs Dean

Agent:  Design Associates

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: 01 Site and existing floorplans; 02 Revision A Location and proposed plans.

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

03.  Before the occupation of the development hereby approved, details of the provision of cycle storage at this site shall be submitted to and approved by the local planning authority.    The  cycle  parking  shall subsequently  be  provided  in accordance with the approved details prior  to  the  first  occupation  of  the development and be retained in perpetuity thereafter.

Reason:  To  ensure  that  satisfactory  secure  off-street  bicycle parking  is  provided  in  accordance  with  DPD1  (Core  Strategy) 2007  policies  KP2  and  CP4,  Development  Management  DPD policy DM1, and SPD1 (Design and Townscape Guide).

04.  Before the occupation of the development hereby approved, details of the provision of refuse storage facilities at the site (including day-to-day refuse storage areas and day of collection storage areas as necessary) shall be submitted to and approved in writing by the Local Planning Authority.  The approved refuse storage facilities shall be provided prior to the occupation of the development and be retained in perpetuity thereafter.

Reason:  To safeguard the amenities of the future occupants of the proposed HMO and adjoining properties in accordance with the  National  Planning  Policy  Framework  (NPPF),  DPD1  (Core Strategy)  2007  policy  CP4,  Development  Management  DPD policy DM1, and SPD1 (Design and Townscape Guide).

05.  The  building  shall  not  be  adapted  to  enable  the  formation  of more than 5 bedrooms and it shall not be occupied by more than 8 persons at any one time.

Reason:  To clarify the terms of the permission and enable the suitable consideration of any intensification of the use of the site.

Informatives

1.  You are advised that as the proposed alterations to your property do not result in new floorspace and 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.

2.  Please refer to www.southend.gov.uk/hmolicence for further guidance with respect to the license requirements for a HMO.

Proposal:  Demolish existing PE store and erect a single storey rear extension to rear of main school building comprising of a PE store, extend existing classbase and alterations to existing playground to include sports tarmac surface area.

Applicant:  Southend on Sea Borough Council

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  The development hereby permitted shall be carried out in accordance with the approved plans 1489/0004 Site and Location Plan; 1489/002 Revision 2 Existing Site Plan; 1489/003 Revision 4 Proposed Plan; 1489/001 Existing and Proposed Elevations, Sections; 1489/005 Roof Plan.

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

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 and to ensure that the appearance of the building makes a positive contribution to the character and appearance of surrounding locality. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management Document) 2015 policy DM1 and SPD1 (Design and Townscape Guide)

04  The new play court shall be completed in accordance with the submitted materials specification received 13th June 2017 before it is brought into use unless otherwise agreed with the Local Planning Authority.

Reason: To ensure provision of adequate improvements to the quality of the sports facilities and to accord with Core Strategy policy CP7 of the Core Strategy DPD1.

05  Development shall not commence on any part of the site until the mitigation measures and recommendations as set out in the Tree Survey, Aboricultural Impact Assessment and Tree Protection Plan carried out by Martin Dobson Associated reference G76 dated 12th June 2017 have been implemented in full. The development shall be implemented in accordance with the mitigation measures and recommendations unless otherwise agreed in writing by the local planning authority.

Reason: To protect the existing trees and in the interests of visual amenity and to ensure a satisfactory standard of landscaping, pursuant to DPD1 (Core Strategy) policies KP2 and CP4, DPD2 (Development Management) policies DM1, DM3 and the advice contained in the Design and Townscape Guide.

06  Prior to installation of any external lighting, to illuminate the play court hereby approved, details of the proposed lighting, including design, siting, luminance, hours of illumination and an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light shall be submitted to and approved in writing by the Local Planning Authority. The lighting of the play court shall be installed only in accordance with the approved scheme.

Reason:  ...  view the full minutes text for item 127.

Proposal:  Demolish existing car park and erect multi storey car park

Applicant:  Alan Richards

Agent:  Michelle Fishlock

DEFERRED

Proposal:  Demolish existing building, erect five storey building of 16 self-contained flats and two ground floor commercial units, layout parking, cycle and bin stores

Applicant:  Green Turtle Cay Limited

Agent:  DAP Architecture

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  The development shall be carried out in accordance with the approved plans:  703.200.01 Site and ground floor plan proposed; 1703.201.00 Third and Fourth Floor; 703.203.00 Site and roof plan proposed; 703.204.00 Streetscene and sections proposed; 703.205.00 Proposed elevations; 703.206.00 Proposed Site Waste Management Plan, 703.207.01 third and fourth plan; 703.001.00.

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

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

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy and Policies DM1 and DM3 of the Development Management DPD 2015

04  No construction works above the floor slab level 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.  These details shall include: proposed finished levels or contours; means of enclosure (including any gates to the car parks); car parking layouts;  other vehicle and pedestrian access and circulation areas;  hard surfacing materials; external amenity areas  minor artefacts and structures (e.g. furniture, loggia, bollards, play equipment, refuse or other storage units, signs, lighting etc.)  Details for the soft landscape works shall include the number, size and location of the trees, shrubs and plants to be planted together with a planting specification, the management of the site (e.g. the uncompacting of the site prior to planting) and the initial tree planting and tree staking details.  The development shall be implemented in full accordance with the approved details before it is occupied or brought into use.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy DPD1 and policies DM1 and DM3 of the Development Management DPD 2015.

05  The development shall not be occupied until space has been laid out within the site in accordance with drawing No. 703.200.01 for 10 cars to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear.  The parking spaces  ...  view the full minutes text for item 129.

Proposal:  Modification of planning obligation dated 6 February 2004 (as amended) pursuant to application 00/00777/OUT, in particular clauses relating to sea wall works and drainage infrastructure.

Applicant:  Avant Homes

DELEGATED to the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control TO MODIFY THE SECTION 106 AGREEMENT dated 6th February 2004 to allow the revisions and additions set out in paragraph 1.4 and 3.9 of this report associated with sea wall works and drainage infrastructure.

Application for approval of details pursuant to condition 30 (details of sea wall repairs) of planning permission 00/00777/OUT dated 06/02/2004 [Revised application]

Applicant:  Avant Homes

DELEGATED to the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager of Planning and Building Control to agree the details on the basis that 17128-SK103B, ‘Specification – Hydraulic Grade Asphalt’, Shoebury Garrison Sea Wall Revetment Remedial Works’, ‘Hesselberg Hydro: Proposed works to repair revetment March 2017’, together with the following previously approved documents satisfy the requirements of Condition 30:- 'Sea Wall and Defences Maintenance & Repair Works report dated November 2001' and 'Drainage and Flood Defence Strategy Concept Statement Revision 2 dated November 2001'. This recommendation is subject to completion of a Deed of Variation under Section 106 of The Town and Country Planning Act 1990 (as amended) to secure the provisions set out in paragraph 3.9 of this report.

Informatives:

1.  Please note that the Deed of Variation completed pursuant to application 17/00638/DOV sets out the changes that have been agreed by the Council since 6th February 2004 in relation to the following documents, which formed part of the original Section 106 agreement:-

•  Sea Wall and Defences Maintenance & Repair Works report dated November 2001

•  Drainage and Flood Defence Strategy Concept Statement Revision 2 dated November 2001

2.  This permission is governed by a legal agreement between the applicant and the Borough Council under Section 106 of the Town and Country Planning Act 1990. The agreement relates to methodology and supervision associated with the coastal defence repairs.

Proposal:  Modification of planning obligation (Section 106 agreement) associated with planning application 14/00914/FULM dated 3rd July 2015 to provide a financial contribution in lieu of on-site provision of affordable housing.

Applicant:  Mr Dan Nyman of In Construction Services Ltd

DELEGATED to the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 3rd July 2015 pursuant to planning application 14/00914/FULM to provide a financial contribution for affordable housing of £218,000 (index-linked) in lieu of on-site provision by 14th September 2017 (i.e. within 3 months of the date of this committee).

Proposal:  Render north, west and east elevations

Applicant:  Barons Court Primary School

Agent:  Neil Pointer (Southend on Sea Borough Council)

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. With the exception of the render details the development hereby permitted shall be carried out in accordance with the following approved plans:  1508-A-001 Location and Site Plan; 1508-A-102 West Elevation; 1508-A-101 North Elevation; 1508-A-103 South Elevation; 1508-A-104 East Elevation; 1509-A-201 Render.

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 hereby approved, the render to be used for the external elevations to the north, east and west of the existing building shall be in accordance with sample reference 32222 (beige colour) received by the local planning authority on the 24.05.2017.

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 surrounding locality and in particular to preserve the character of the Milton Conservation Area. This is as set out in DPD1 (Core Strategy) 2007 policy KP2 and CP4, DPD2 (Development Management Document) 2015 policies DM1, DM3 and DM5 and SPD1 (Design and Townscape Guide).

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 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.