Apologies for absence were received from Councillors Dear (substitute: Councillor Buck), Garne (no substitute), Mulroney (substitute: Councillor Wexham), Norman MBE (substitute: Councillor Jones) and Van Looy (substitute: Councillor Ayling).

The following interests were declared at the meeting:

(a)  Councillor Arscott – Agenda Item No. 4 (18/01146/OUTM - Nazareth House, 111 London Road, Southend-on-Sea, Essex, SS1 1PP) – Non-pecuniary interest: Attends services in chapel, families and residents are known to him;

(b)  Councillor Arscott – Agenda Item No. 12 (18/01234/FULH - 115 Tattersall Gardens, Leigh on Sea) – Disqualifying non-pecuniary interest: Acquainted with residents (withdrew);

(c)  Councillor Walker – Agenda Item No. 11 (18/01001/FUL - 66 High Street, Leigh on Sea) – Non-pecuniary interest: Knows applicant’s father and have assisted him clearing the yard;

(d)  Councillor Wexham – Agenda Item No. 11 (18/01001/FUL - 66 High Street, Leigh on Sea) – Non-pecuniary interest: Knows applicant’s father; and

(e)  Mr P Geraghty – Agenda Item No. 6 (18/01291/AMDT - Car Park, Centurion Close, Shoeburyness) – Disqualifying non-pecuniary interest: Council appointee on the PSP Officer Board to advise on planning matters.

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, retain existing chapel, erect seven storey, four storey building, 2no 3 storey buildings and six storey building forming 154 self-contained flats and a 77 bedroom care home and convent (outline application)

Applicant:  The Congregation of the Sisters of Nazareth

Agent:  Scurr Architects

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

01.  The proposal, by reason of its size, scale, mass, bulk and the overall failure of the masterplan to address the design constraints of the site results in a development which fails to demonstrate a sufficiently high standard of design to achieve a sustainable form of development. The proposal would result in an excessively prominent, cramped and incongruous development that would cause significant harm to the character and appearance of the site and the wider surrounding area. The application has not shown that the quantum of development sought can be achieved while having acceptable impacts on design and character grounds. This is unacceptable and contrary to National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3, DM4 of the Development Management Document (2015), Policy PA8 of the Southend Central Area Action Plan (SCAAP) (2018) and the advice contained within the Design and Townscape Guide (2009). 

02.  A number of the proposed self-contained flats and care home rooms would be provided with unacceptable levels of amenities for their future occupiers by reason of a poor level of light, ventilation and outlook to habitable rooms and a lack of amenity space. The application has not shown that the quantum of development sought can be achieved while providing adequate amenities for future occupiers. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2018), 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).

03.  The application does not include a formal undertaking to secure a contribution towards affordable housing provisions to meet the demand for such housing in the area and it has not been demonstrated that such a contribution would make the scheme unviable. The submission also lacks a formal undertaking to secure a contribution to the delivery of education facilities to meet the need for such infrastructure generated by the development. In the absence of these undertakings the application is unacceptable and contrary to the National Planning Policy Framework (2018), Policies KP2, KP3, CP6 and CP8 of the Core Strategy (2007) and Policy DM7 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 determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In  ...  view the full minutes text for item 230.

Proposal:  Erect part 14/part 15 storey building comprising 228 flats with balconies to all elevations, roof terraces at second, tenth and eleventh floors to rear, form commercial units (Use Classes A1, A2, A3 and A4) at ground floor, layout 183 parking spaces at ground and first floor, install vehicular accesses on to Victoria Avenue, form loading bays, alterations to highway, public realm alterations and associated landscaping

Applicant:  Weston Homes Plc and Mapeley Steps Ltd

Agent: N/A

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

01  The proposal would have an unacceptable impact on the amenity and living conditions of the adjoining residents in terms of daylight and sunlight to habitable rooms in the south elevation of Baryta House. The application is therefore unacceptable and contrary to the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) policies DM1 and DM3 and Southend Central Area Action Plan (SCAAP) (2018) policy DS3 and the guidance contained within the Design and Townscape Guide (2009).

02  The application does not include a formal undertaking to secure a suitable contribution towards affordable housing provisions incorporating a satisfactory review mechanism to meet the demand for such housing in the area. Formal undertakings to secure contributions to the delivery of education facilities, to meet the need for such infrastructure generated by the development, and to provide highways works and transport mitigation measures needed to achieve an appropriately sustainable form of development are also absent. In the absence of these undertakings the application is unacceptable and contrary to the National Planning Policy Framework (2018), Policies KP2, KP3, CP4, CP6 and CP8 of the Core Strategy (2007), Policy DM7 of the Development Management Document (2015) and Policy PA8 of the Southend Central Area Action Plan (SCAAP) (2018).

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

01  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:  Application to vary condition 02 (Approved Plans) to replace plan number P_702 with plan number 17-084/700 A, Condition 9 (Nursery Parking) and Condition 10 (New Mews Shared Surface) (Minor Material Amendment to Planning Permission 16/02207/BC4M dated 08.02.2017) (Retrospective)

Applicant:  Public Sector Partnership (Southend) LLP

Agent:  ISL

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 original permission (8th February 2017).

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:

729_P_700;  17-084/700-A;  729_P_703;  729_P_704; 729_P_705;  734_P_706;  734_P_707;  729_P_708; 729_P_710;  729_P_712;  729_P_713;  729_P_714; 729_P_718;  729_P_720;  729_P_721;  729_P_722; 729_P_723;  729_P_724;  729_P_725;  734_P_730; 734_P_731 ; 734_P_732;  734_P_73 P2;  734_P_734; 734_P_735;  734_P_737;  734_P_740;  734_P_741; 734_P_742; 734_P_743

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

03  The nursery building shall be constructed in accordance with the material details previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/01244/AD or 18/00158/AD or other details that have previously been submitted to the local planning authority and approved in writing before it is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009). 

04  No construction works for the dwellings above the ground floor slab level shall take place until samples and product details of the materials to be used in the construction of the external elevations of the buildings hereby permitted, including cladding, screening, balustrades, glazed brickwork and fenestration have been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the approved details before it is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

05  No construction works for the housing above the ground floor slab level shall take place until details of fenestration including reveals, brick patterning panels, and glazed brickwork within window frames, at a scale of at least 1:20 have been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the approved details before it is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009). 

06  Prior to the display of any signage relating to the Nursery details  ...  view the full minutes text for item 232.

Proposal:  Demolish existing buildings and erect building to provide a 60 bed Care Home and Day Centre with associated parking, landscaping and install vehicular accesses onto Prittlewell Chase and Burr Hill Chase

Applicant:  Southend on Sea Borough Council

Agent:  Robinson Escott Planning

Resolved:  That planning permission be 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;

1477-PEL-00-GF-DR-A-0004-S2_P2, 1477-PEL-00-GF-DR-A-0003-S2_P2, 1477-PEL-00-GF-DR-A-0005-S2_P2, 1477_PEL_00_XX_DR_A_0020_S2 P1, 1477_PEL_00_XX_DR_A_0015_S2 P1, 1477_PEL_00_XX_DR_A_0014_S2 P1, 1477_PEL_00_XX_DR_A_0013_S2 P1, 1477_PEL_00_XX_DR_A_0011_S2 P1, 1477_PEL_00_ZZ_DR_A_0002_S2 P1, 1477_PEL_00_XX_DR_A_0001_S2 P1, 1477_PEL_00_XX_DR_A_0012_S2 P1, 1477_PEL_00_GF_DR_A_0006_S2 P1, 1477_PEL_00_02_DR_A_0008_S2 P1, 1477_PEL_00_01_DR_A_0007_S2 P1.

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 ground level shall take place until samples of the materials to be used in the construction of the external elevations of the building hereby permitted 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 before it is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007) and policies DM1 and DM3 of the Development Management Document (2015) as well as the guidance contained within the Design and Townscape Guide (2009).

04  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition works 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: the timings of the hard and soft landscaping works; 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, play equipment, refuse or other storage units, signs, lighting etc.)  Details for the soft landscape works shall include the number, location and species of the trees to be removed, 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 approved hard and soft landscaping works shall be carried out in accordance with the approved timings.

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 (2007), policies DM1 and DM3 of the Development Management Document (2015) as well as the guidance contained within the Design and Townscape Guide (2009).

05  ...  view the full minutes text for item 233.

Proposal:  Erect two storey side and rear extension with access to rear parking, first and second floor rear extension to form three additional self-contained flats, install dormer to rear, refuse and cycle stores, canopy to front, alter elevations and extend vehicular access on to Western Road

Applicant:  Mr Jay Neale

Agent:  DAP Architecture

Rev. D Wilks, a local resident spoke as an objector to the application.

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

01.  The proposed side, rear and roof extensions would by reason of their size and design be incongruous, poorly integrated, unsympathetic and overly dominant additions to the detriment of the character and appearance of the host property, the street scene and the surroundings including the rear garden scene. This would be unacceptable and contrary to 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) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02.  The proposed replacement of the rear garden with car parking in association with the development would diminish an appropriate garden setting to the building, which would be unduly intrusive and materially harmful to the character and appearance of the site and its surroundings in particular having regard to its qualities as an area of houses with private rear gardens. This would be unacceptable and contrary to 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) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

03.  The proposed side and rear extension, as a result of its height, design, size, rear extent and proximity to site boundaries, would be a dominant, visually overbearing feature to neighbouring occupiers causing an undue sense of enclosure and loss of daylight. This would be harmful to neighbour amenities, unacceptable and contrary to 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) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

04.  The high density form of the development would introduce the potential for a degree of comings and goings and general activity which would be harmful to the amenities of adjoining occupiers in an area characterised by a lower density of accommodation with significantly less activity. In particular the proposal would require use of the front and rear gardens for car parking with consequent introduction of noise to the rear gardens, habitable accommodation and private amenity spaces of surrounding occupiers. The harm caused by this intense degree of activity in an extended semi-detached dwelling would be unacceptable and contrary to 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) and the advice contained within the Southend-on-Sea Design and  ...  view the full minutes text for item 234.

Breach of Control:  Without planning permission, the construction of a block of 5 flats

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure:

(a)  the demolition of the unauthorised two storey block for which permission (with modifications to the building’s layout and design) was refused under planning application 18/00636/FUL dated 31 May 2018 ; and

(b)  the laying out of on-site car parking provision for the flats within Ambleside Court, Ambleside Drive in full accordance with the requirements of Condition 2 of planning permission 11/00337/FUL dated 12 May 2011; and

(c)  the removal of all rubble, materials and equipment associated with complying with the notice(s).

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 6 months is reasonable.

Breach of Control:  Without planning permission, the unauthorised Change of Use from a care home (Use Class C2) to 21 self-contained flats (Use Class C3)

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure cessation of the unauthorised use of the building as 21 self-contained flats and the breach of conditions.

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, a compliance period of 6 months is deemed reasonable.

Proposals:  Alterations to east elevation and install bi-folding serving hatch with sliding shutter doors

Applicant:  Mr Ralph Tait

Agent:  Baines Surveying Services Ltd

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; 01, 02.

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

03  Prior to the commencement of development, detailed design drawings of the new doors and windows/serving hatch at scales of 1:20, 1:10 or 1:1 as appropriate shall be submitted to and agreed in writing by the local planning authority. The development shall be carried out and in accordance with the approved details before it is brought into use.

Reason: To safeguard character and appearance of the historic building and the surrounding Leigh Old Town Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advise contained within the Southend Design and Townscape Guide (2009).

Informatives

1.  You are advised that as the proposed development equates to less than 100sqm of additional floorspace so 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.  The applicant is reminded that should any further development be implemented in association with the serving of refreshments on site or the serving of hot food off site i.e. external or internal dining areas; express planning permission for a change of use may be required.

3.  The applicant is advised that compliance with this decision notice does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. Contact 01702 215005 for more information

4.  The applicant is reminded that this permission does not bestow compliance with the Food Safety and Hygiene (England) Regulations 2014 or any other provision so enacted, such as those located within the Food Safety Act 1990. Applicants should contact the Council’s Environmental Health Officer for more advice on 01702 215005 or at Regulatory Services Department, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ZG The applicant is advised that any waste food collection must be undertaken by a licenced operator.

5.  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 237.

Proposal:  Raise roof height and erect roof extension, erect two storey front extension, rear extension at first floor level, install balconies to rear at first and second floor, convert part of existing garage into habitable accommodation and alter elevations (Amended Proposal)

Applicant:  Mr J Moore

Agent:  Knight Gratrix Architects

Ms L Cook spoke as an objector to the application.  Mrs Moore, the applicant, responded.

Resolved:  That planning permission be REFUSED for the following reason:

01  The proposed increased height and design of the roof combined with the rear gable feature sought would, by reason of their height, size, scale and bulk not appear subservient or sympathetic in bulk and scale to the host dwelling.

As a result they would appear as incongruous, obtrusive and excessively dominant features that would be harmful to the character and appearance of the existing dwelling and the surrounding area. This would be unacceptable and contrary to 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 guidance contained within the Design and Townscape Guide (2009).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action and is also willing to provide pre-application advice in respect of any future application for a revised development, should the applicant wish to exercise this option in accordance with the Council's pre-application advice service.

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.

Proposal:  Erect additional storage structure and Ice Shed at rear, first floor flat roof level (Part Retrospective)

Applicant:  East Anglia Pub Co.

Agent:  Stone Me Ltd

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

01  The development hereby permitted shall be carried out in accordance with the following approved plans 1266-1001A, 1226-1002A, 1266-1003A

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

02  The proposed general storage extension hereby approved shall be finished in white render (walls) and natural slate (roof) to match that of the existing building before it is brought into use.

Reason: To safeguard character and appearance of the historic building surrounding Leigh Old Town Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

03  No construction works to be undertaken within or immediately adjacent to the SSSI, SPA and Ramsar site during the overwintering period (September – end March). 

Reason: To avoid significant impacts from construction and demolition that may cause significant disturbance to overwintering waterfowl and the habitats that support them and/or to additional intertidal interest features (habitats for invertebrates and plants) in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM6 of the Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

04  No materials or waste associated with the proposed development are to be deposited or stored within, or immediately adjacent to the boundaries of the SSSI, SPA and Ramsar site unless agreed in advance in writing as part of the construction management plan. 

Reason: To avoid contamination, pollution or the smothering habitats of the SPA, SSSI and Ramsar site in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM6 of the Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

05  No security or other exterior lighting shall be illuminated outside hours of daylight, unless agreed in advance in writing as part of a suitable lighting plan, where lights are so arranged to prevent any light spillage onto the SSSI, SPA and Ramsar site and to minimise direct glare when viewed from the foreshore. 

Reason: To minimise the risk of disturbance to or displacement of wintering birds utilising the SSSI, SPA and Ramsar site or cause disorientation to birds whilst in flight in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM6 of the Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

Informative

01  You are advised that as the proposed extensions 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  ...  view the full minutes text for item 239.

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:  (a)  That the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager of Planning & 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 secure the provision of:

•  A financial contribution towards secondary education provision of £13,940.40, specifically for the secondary expansion of Shoeburyness High School.

(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: 621.001.00, 621.002.00, 621.003.00, 621.200.01, 621.201.03, 621.202.02, 621.203.02, 621.204.02, 621.205.02.

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 other than demolition above 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. Development shall be carried out in full 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 BLP and policies DM1 and DM3 of the Development Management Document 2015

04  No construction works other than demolition works 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, 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, and the initial tree planting and tree staking details. The hard landscaping shall be implemented in full accordance with the approved details before any of the development is first occupied or brought into use. The soft landscaping shall  ...  view the full minutes text for item 240.

Proposal:  Application to vary condition 02 (Approved Plans), condition 04 (Landscaping) and condition 05 (Parking) replacing plan number 16.563 200 P5 (Proposed site plan and street scene) with plan number 16.563 200 P6 (Proposed site plan and street scene), and replacing plan number 2244-17 rev 3 (Soft landscaping – planting) with 2244-17 rev 8 (Soft landscaping – planting)  (Minor Material Amendment to planning permission 17/00821/AMDT dated 06.12.2017)

Applicant:  Dove Jeffrey Homes Ltd

Agent:  FRONT Architecture Ltd

Resolved:  (a)  That 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 seek the following:

•  A minimum of 9 units of affordable rented housing units (20% of overall provision) comprising 2x1 bed and 7x2 bed units.

•  Traffic Regulation Order contribution of £4,000

•  Provision of Travel Packs for residents.

•  Retail Travel Plan. 

(b)  The Deputy Chief Executive (Place), Director for 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 shall be carried out in accordance with the approved plans:

Location plan 001

16.563 200 P6 Proposed site plan and street scene

2244-17 rev 8 Soft landscaping – planting

FRNT_16.563_201_P4 Block A floor plans

FRNT_16.563_202_P4 Block B floor plans

FRNT_16.563_203_P4 Block C Floor Plans

FRNT_16.563_204_P4 Block A elevations

FRNT_16.563_205_P4 Block B elevations

FRNT_16.563_206_P4   Block C elevations

FRNT_16.563_208_P4 Proposed overview floor plans

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

02  Materials to be used in the construction of the external elevations of the building hereby permitted, including balconies, balustrades, screening, fenestration, front porches and hoods, shall be in accordance with details approved under application18/00053/AD or other details as submitted to the local planning authority and approved in writing before the relevant unit is occupied.

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy 2007, Policy DM1 and DM3 of the Development Management Document 2015 and the Design and Townscape Guide 2009

03  Hard and Soft Landscaping shall be carried out in accordance with the approved plan No 2244-17 rev 8. Hard Landscaping shall be completed prior to first occupation of the development and soft landscaping/planting shall be completed within the planting season following first occupation of the development. (or within any other time limit agreed in writing with the local planning authority). If any trees are removed or found to be dying, severely damaged or diseased within 5 years of planting them, they must be replaced with trees of a similar size and species.

Reason: In the interests of visual amenity and  ...  view the full minutes text for item 241.

Proposal:  Modification of Unilateral Undertaking dated 24th September 2007 (as amended by Deed of Variation dated 25th February 2016) pursuant to planning application 06/00598/FUL, to allow a change in the tenure of the affordable housing within Richmond House to either Shared Ownership or Intermediate Market Rent

Applicant:  Notting Hill Genesis

Agent:  G L Hearn

Resolved:  That a MODIFICATION OF THE UNILATERAL UNDERTAKING dated 24th September 2007 (as amended by Deed of Variation dated 25th February 2016) pursuant to planning application 06/00598/FUL, be APPROVED to allow a flexibility in the tenure of 30 of the affordable housing units within Richmond House as either Shared Ownership or Intermediate Market Rent on the basis of the terms set out in paragraph 4.15 of the submitted committee report.

Breaches of Control:  Without planning permission, the replacement of the existing framed windows at ground and first floor level in the front elevation with Upvc windows. (Conservation & Article 4 Area)

Resolved:  That ENFORCEMENT ACTION be AUTHORISED to secure the removal of the unauthorised Upvc framed windows installed to the ground and first floor front elevation.

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. A compliance period of 3 months is deemed reasonable.

Breach of Control:  Without planning permission, the replacement of the existing side hung timber windows at ground and first floor level in the front elevation with Upvc windows. (Article 4 Direction)

DEFERRED