There were no apologies for absence.

The following interests were declared at the meeting:

(a)  Councillor Evans – Agenda Item No. 5 (18/00688/BC4M - Belfairs Academy, Highlands Boulevard) – Disqualifying non-pecuniary interest: Friend of the Principal of the Academy (withdrew);

(b)  Councillor Evans – Agenda Item No. 12 (18/00443/ADV & 18/00758/LBC - The Pier, Western Esplanade) – Disqualifying non-pecuniary interest: Acquainted with the Chairman of the Football Club who has made donations to her charity (withdrew);

(c)  Councillor J Garston – Agenda Item Nos. 10 (18/01060/DOV5 - Marine Plaza Land Between Southchurch Avenue and Pleasant Road Fronting Marine Parade) and 11 (18/00874/AMDT - Marine Plaza Land Between Southchurch Avenue and Pleasant Road Fronting Marine Parade) – Non-pecuniary interest: Owns property in the vicinity;

(d)  Councillor Habermel – Agenda Item No. 13 (18/00690/FUL - 38 Towerfield Road, Shoeburyness) – Non-pecuniary interest: Knows the applicant and has spoken on her behalf in respect of a previous application;

(e)  Councillor McDonald – Agenda Item Nos. 5 (18/00688/BC4M - Belfairs Academy, Highlands Boulevard) and 7 (18/00629/AMDT - Shoeburyness High School, Caulfield Road) – Non-pecuniary interest: Works for a charity that provides support services to both Schools; and

(f)  Councillor Van Looy – Agenda Item No. 6 (17/01180/FULM - 636 Southchurch Road, Southend on Sea) – Non-pecuniary interest: Owns a business in Southchurch Road.

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:  Demolish existing buildings and erect a part 3, part 4 storey block, comprising 20 apartments with associated parking and amenity space, and form vehicular access onto Redstock Road

Applicant:  Mr Chris Morris

Agent:  Marcus Bennett Associates 

Mr Clark, a local resident, spoke as an objector to the application.  Mr Bennett, the applicant’s agent, responded.

RESOLVED:  That planning permission be REFUSED for the following reasons:

01  The proposed development, by reason of its size, scale, bulk, mass, siting, detailed design and lack of opportunities for soft landscaping, results in an overly dominant, contrived and incongruous scheme which would cause material harm to the character and appearance of the site and the surrounding area, contrary to National Planning Policy Framework (2012), 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 design, size, siting, bulk and mass of the proposed development are such that it would be overbearing, dominant and result in an unacceptable sense of enclosure to the detriment of the amenities of the occupiers of the neighbouring dwelling to the west at No.26 Redstock Road. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2012), 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  The development proposed fails to provide an appropriate dwelling mix that would reflect the Borough's identified housing need for larger family sized dwellings, resulting in the scheme failing to deliver a sufficiently wide choice of homes. This is unacceptable and contrary to the National Planning Policy Framework (2012), Policy KP2 and CP8 of the Core Strategy (2007) and Policy DM7 of the Development Management Document (2015)

04  The proposed communal amenity deck, by virtue of the design of the pedestrian access arrangements and their relationship with the main habitable rooms serving flat 7 would result in material overlooking, loss of privacy, noise and disturbance and substandard living conditions to the occupiers of this dwelling providing a poor quality residential environment.  The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2012), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

05  The application fails to demonstrate that the proposal would provide a development that is appropriately accessible and adaptable for all members of the community, includes stepped access to the main entrance, cycle and refuse store and information has not been submitted to demonstrate that the new dwellings would meet the M4(2) and M4(3) accessibility standards. This is unacceptable and contrary to the National Planning Policy Framework (2012), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM8 of the Development Management Document (2015).

06  The application  ...  view the full minutes text for item 86.

Proposal:  Install plant equipment consisting of three external air handling units (AHU) to roof of main school building

Applicant:  Legra Academy Trust

Agent:  Barker Associates LLP

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

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 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 and details; BA/P18-099-101/A, BA/P18-099-120, BA/P18-099-220, BA/P18-099-141, BA/P18-099-401, BA/P18-099-142, BA/P18-099-402, BA/P18-099-144, BA/P18-099-404, BA/P18-099-143, BA/P18-099-403, AHU Technical Data and Noise Impact  Assessment and Acoustic Design Report dated 3rd April 2018, project number A3630 by Encon Associates Limited.

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

03  The noise rating level arising from all plant, infrastructure and other installed equipment in association with this permission shall  be at least 5dB(A) below the prevailing background noise level with no tonal elements. The LA90 to be determined according to the guidance in BS:4142 at 3.5m from ground floor facades and 1m from all facades above ground floor level to residential premises.  The plant, infrastructure and other installed equipment must be maintained to ensure compliance with these levels. 

Reason: To protect the amenity of people in neighbouring properties and general environmental quality in accordance with National Planning Policy Framework; Core Strategy (2007) policies KP2, CP4; Development Management Document (2015) Policy DM14 and the Design and Townscape Guide (2009).

04  Before the air handling units hereby approved are first used, acoustic screens designed also to visually shield the equipment from residential views shall be erected in accordance with details which shall previously have been submitted to and agreed in writing with the Local Planning Authority and the approved screens shall thereafter be permanently maintained unless and until such time as the air handling units are removed from the building

Reason: To protect the amenity of people in neighbouring properties and general environmental quality in accordance with National Planning Policy Framework; Core Strategy (2007) policies KP2, CP4; Development Management Document (2015) Policy DM14 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.  The detailed analysis is set out in a report on the application prepared by officers.

Informatives

01  You are advised that in this instance the chargeable amount has been calculated as a zero rate as applicable to an educational and/or community use, in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable.  ...  view the full minutes text for item 87.

Proposal:  Demolish existing building, erect four storey building comprising part commercial unit to ground floor, 14 self-contained flats with balconies, roof terrace to front and side and layout parking

Applicant:  Southchurch Holdings Ltd

Agent:  DAP Architecture

RESOLVED:  That consideration of the application be DEFERRED to the next meeting of Committee to enable further discussion with the applicants regarding the provision of affordable housing and parking

Proposal:  Application to vary condition 02 (approved plans) Various alterations to elevations (Minor Material Amendment of Planning Permission 16/02194/FULM dated 05.04.2017)

Applicant:  Shoeburyness High School

Agent:  The Draughtsman Architectural Ltd

RESOLVED:  That planning permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall be begun not later than 5th April 2020.

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 Location Plan, SHS/NAK/02 Revision N, SHS/NAK/04 Revision M; SHS/NAK/03 Revision N, SHS/NAK/05 Revision C, SHS/NAK/06 Revision C, SHS/NAK/07 Revision C

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

03  The development shall be carried out in accordance with the details set out in the materials and landscaping schedule received on the 22.02.2017  and as approved under application ref 16/ 02194/FULM including north elevation- main wall panels Trespa Meteon colour silver grey, windows Comar 5Pi window system colour white, face brickwork to lower wall Ibstock 65mm Bristol Buff, Face brickwork to lower wall 65mm Staffs Slate Blue engineering brick; east elevation-, brick fashion wall panels to be Trespa Meteon in silver grey, winter grey, pure white; face brickwork to lower wall Ibstock 65mm 0657 Bristol buff multi, face brickwork to lower wall Ibstock 65mm Staffs Slate Blue engineering brick, entrance portal white painted sand and cement render; south elevation-main wall panels to be Trespa Meteon colour silver grey; west elevation- windows to be Comar 5Pi window and door system, colour white, exposed steelwork carried out in accordance with BS 5493; brise soleil aluminium aerofoil profile powder coated white; curved roof Kingspan panels product KS1000CR colour grey, soffit and fascia to be white powder coated plastol sheet profile to suit curved roof radius, glass balustrading to be toughed clear glass and tubular stainless steel frame before the building is occupied 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 surrounding locality. This is as set out in the Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM1 and the Southend Design and Townscape Guide (2009).

04  The ventilation grilles and fire escape doors on the south and west elevations shall be powder coated to match the colour of the agreed wall materials (Trespa Meteon colour silver grey south elevation and white to the west elevation) before the building is 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 surrounding locality. This is as set out in the Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM1 and the Southend Design and Townscape Guide (2009).

05  All planting in the approved  ...  view the full minutes text for item 89.

Breach of Control:  Without planning permission, the replacement of the existing wooden framed windows at first, second and third floor level in the front elevation with Upvc windows. (Conservation Area)

RESOLVED:  That ENFORCEMENT ACTION be AUTHORISED to secure the removal of the unauthorised Upvc framed windows installed to the first second and third floor front elevation of this property on the grounds that they harm the character and appearance of the property and the streetscene by reason of their unsympathetic materials and discordant frame thickness to the extent that they are detrimental to the character and appearance of the Leigh Cliff Conservation area contrary to the National Planning Policy Framework, Policies CP4 and KP2 of the Southend-on-Sea Core Strategy, Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document and the advice contained within the Council’s Design and Townscape Guide. 

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.

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance.  In this case, research and quotes are possibly still required to be obtained and any time delay in manufacture and installation is likely to be the dictated by the suppliers lead time. It is considered that a compliance period of 3 months is deemed reasonable

Breach of Control:  Without planning permission, the formation of a flat to the rear of shop premises

RESOLVED:  That ENFORCEMENT ACTION be AUTHORISED to secure the cessation of the unauthorised flat use on the grounds highlighted in paragraphs 5.3 & 5.4 of the report.

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.

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 3 months is deemed reasonable.

Proposal:  Modification of planning obligation (Section 106 agreement) dated 22nd July 2015 pursuant to application 14/01462/FULM to allow variations to Clauses 1.1, 6.1, 6.2, 7.1 & 7.2 of the Second Schedule so that the obligations set out in these clauses do not apply prior to commencement but are triggered at a later phase of the construction process.

Applicant:  Mr Larry Fenttiman of Goldfield Developments Ltd

Agent:  Christopher Wickham of Christopher Wickham Associates

RESOLVED:  That the Deputy Chief Executive (Place), the Director of Planning and Transport or the Group Manager Development and Building Control be DELEGATED to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 22nd July 2015 pursuant to planning application 14/01462/FULM to allow variations to Clauses 1.1, 6.1, 6.2, 7.1 & 7.2 of the Second Schedule so that the obligations set out in these clauses do not apply prior to commencement but are triggered at a later phase of the construction process (including education payment, relocation of CCTV, off-site planting payment and payments relating to traffic/highway works – see paragraph 5.1 for details).

Proposal:  Application to vary condition Number(s): 02, 08, 14, 17, 21, 22, 23, 24, 40 and 41(revised wording to pre-commencement conditions in relation to timing of the submission of details) of planning permission 14/01462/FULM dated 22.07.2015

Applicant:  Mr Larry Fenttiman of Goldfield Developments Limited

Agent:  Christopher Wickham Associates

RESOLVED:  (a)  That the Deputy Chief Executive (Place), Director of Planning and Transport or the Group Manager Development and Building Control be DELEGATED to grant planning permission subject to completion of a planning agreement under section 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to seek the following:

•  Provision of affordable housing (84 flats including 58 rented and 26 shared ownership; 32x1 bed, 27x2 bed, 25x3 bed)

•  Education Contribution: £160,334 payable prior to completion of Phase 3

•  Relocation of CCTV to be completed prior to commencement of Phase 2

•  Highway works to be carried out under a Section 38 / 278 agreement

•  Public art to the value of £150,000

•  Travel Packs/Travel Plan

•  Other monetary contributions towards: 

i.  £10,000 off site planting – payable prior to completion of Phase 2

ii.  £40,000 pedestrian signage – payable prior to commencement of Phase 2

iii.  £2,000 changes to signal timings – payable prior to commencement of Phase 2

iv.  £36,000 4 x AVL displays, real time information – payable prior to commencement of Phase 2

v.  £10,000 2 x bus shelters – payable prior to commencement of Phase 2

vi.  £1,000 taxi rank layout – payable prior to commencement of Phase 2

vii.  £10,000 traffic regulation orders – payable prior to commencement of Phase 2

viii.  £30,000 relocate traffic speed system – payable prior to commencement of Phase 2

ix.  £25,000 car parking signs – payable prior to commencement of Phase 2

(b)  The Deputy Chief Executive (Place), Director of Planning and Transport or the Group Manager Development and 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 shall be begun no later than 22nd July 2018

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

02  Prior to the commencement of any and each phase other than phase 1, samples of the materials to be used on all the external elevations, including balconies, fenestration, and on any screen/boundary walls and fences, and on any external access way, driveway, forecourt or parking area, steps and podium to be constructed as part of that phase shall be submitted to and approved by the local planning authority. The development shall only be carried out in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area, the adjacent listed and locally listed buildings and the Kursaal Conservation Area.  

03  The development shall not be occupied until 328  ...  view the full minutes text for item 93.

Proposals :  1. Install two vinyl banners to East and West elevations of Pier and 2.  Install two vinyl banners to East and West elevations of Pier (Listed Building Consent)

Applicant:  Southend United Football Club

Agent:  PowerHaus Consultancy

RESOLVED: 

1.  That ADVERTISMENT CONSENT 18/00443/ADV be REFUSED for the following reason:

01  The proposed advertisements would, by reason of their impact on the public views and setting of the pier, have a detrimental impact on the visual amenity of the designated heritage assets and wider area which is not outweighed by any other public benefits. The advertisement consent application is therefore unacceptable and contrary to the National Planning Policy Framework (2012), policies KP2 and CP4 of the Core Strategy (2007), policies DM1 and DM5 of the Development Management Document (2015), policies DS3, DS4 and CS1 of the Southend Central Area Action Plan (2018) and the advice contained within the Southend Design and Townscape Guide (2009).

2.  That REFUSE LISTED BUILDING CONSENT 18/00758/LBC be REFUSED for the following reason:

01  The proposed works would, by reason of their impact on the setting of the pier and likely harm to the historic ironwork on the pier, cause significant material harm to the character and significance of the listed building which is not outweighed by any other public benefits. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2012), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM5 of the Development Management Document (2015), Policies DS3, DS4 and CS1 of the Southend Central Area Action Plan (2018) and the advice contained within the Southend Design and Townscape Guide (2009).

Proposal:  Change of use from Light Industrial (Class B1) to Dance and Theatre School (Class D1 & D2) and layout 10 parking spaces

Applicant:  Mrs Wendy Headford

Agent:  The Draughtsman Ltd

RESOLVED:  That personal planning permission be GRANTED to Mrs Wendy Headford and Mrs Headford’s daughter subject to the following conditions:

1.  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.

2.  The development hereby permitted shall be carried out in accordance with the following approved plans: TR/NAK/01,TR/NAK/02 & Location Plan.

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

3.  The dance and theatre school (use class D1) use hereby permitted shall be carried on only by Mrs Wendy Headford and/or her daughter Michaela Headford. When the premises ceases to be occupied by at least one of Mrs Wendy Headford or Michaela Headford the dance and theatre school (use class D1) use hereby permitted shall cease and the site shall immediately revert back to its former Class B1 use.

Reason: Permission has been granted taking into consideration the special circumstances of this case. The local planning authority needs to control future use of the premises if Mrs Wendy Headford leaves to ensure compliance with the National Planning Policy Framework, Policies KP1, KP2 and CP1 of the Core Strategy (2007) and Policies DM3 and DM11 of the Development Management Document (2015).

4.  The external materials to be used for the development shall only be as detailed on the approved plans and the submitted application form dated 12.04.2018.

Reason: To safeguard the visual amenities of the area, in accordance with policies as set out in Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009). 

5.  The development shall not be occupied until 10 car parking spaces have been provided at the site, together with properly constructed vehicular accesses to the adjoining highway, all in accordance with details which shall previously have been submitted to and agreed in writing by the local planning authority.  The parking spaces shall be permanently retained thereafter only 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 Core Strategy (2007) policy CP3 and Development Management Document (2015) policy DM15.

6.  The development shall not be occupied until details of secure and covered cycle parking have been submitted to and approved by the local planning authority. The approved cycle parking shall be installed in accordance with the approved details before the building is occupied and shall be permanently maintained thereafter.

Reason: To ensure that adequate cycle parking is provided and retained to serve the development in accordance with Core Strategy (2007) policy CP3 and Development Management Document (2015)  ...  view the full minutes text for item 95.

Proposal:  Modification of Section 106 agreement dated 30/06/2011 (as amended by Deed of Variation dated 22/06/2016) pursuant to planning permission 10/02012/EXTM, to extend the payment provisions in relation to the Education, Bus Infrastructure and Warrior Square Contributions.

Applicant:  Mr D Samuels of Broadway Estates Ltd

Agent:  Mr D Jarman of Hobbs Parker Property Consultants LLP

RESOLVED:  That the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control be DELEGATED  to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 30th June 2011 (as amended by Deed of Variation dated 22nd June 2016) pursuant to planning permission 10/02012/EXTM to secure the following provisions:

•  Clause 3.1 of the Second Schedule of the S.106 – Education Contribution payable within 60 months of Commencement of Development

•  Clause 6.1 of the Second Schedule of the S.106 – Bus Infrastructure Contribution payable within 60 months of Commencement of Development

•  Clause 7.1 of the Second Schedule of the S.106 – Warrior Square Contribution payable within 14 days of completion of any Deed of Variation pursuant to this application

•  Clause 5.2 of the Deed of Variation dated 22nd June 2016 – the construction of the structural frame of the 11 storey extension comprised within the Development shall not commence before 1st June 2019.