Apologies for absence were received from Cllr Evans (Substitute: Cllr Flewitt) and Cllr Garston (Substitute: Cllr Buck).

The following declarations of interest were declared at the meeting:

(a)  All Committee Members – Agenda Item Nos. 9 (20/01309/FUL - Development Land Underwood Square), 10 (20/01324/FUL - Development Land Underwood Square) and 13 (19/00207/BRCN-B - Britannia Public House, Eastern Esplanade) – Non-Pecuniary Interest: The architect is known to them.

(b)  Cllr Ayling – Agenda Item No. 13 (19/00207/BRCN-B - Britannia Public House, Eastern Esplanade) – None Pecuniary Interest: Has been in contact with the applicant regarding this matter

(c)  Cllr Buck – Agenda Item No. 8 (20/01294/FUL - 271 Southbourne Grove, Westcliff-on-Sea) – Non-Pecuniary Interest: Has been in contact with the neighbour regarding the application.

(d)  Cllr Buck – Agenda Item No. 9 (20/01309/FUL - Development Land Underwood Square) – A close friend lives near the application site

(e)  Cllr Buck – Agenda Item No. 13 (19/00207/BRCN-B - Britannia Public House, Eastern Esplanade) – Disqualifying Non-Pecuniary Interest: Many seafront traders are good friends with him.

(f)   Cllr Chalk – Agenda Item No. 6 (20/00823/BC3M - Land South of Campfield Road) – Non-Pecuniary Interest: Has been involved in an application on this site previously.

(g)  Cllr Chalk – Agenda Item No. 11 (20/01368/FUL - Second and Third Floors, 23 High Street) – Non-Pecuniary Interest: Lives in close proximity to the application site.

(h)  Cllr Dear – Agenda Item No 7 (20/01276/FUL - Elmsleigh Hall, Elmsleigh Drive) – Non-Pecuniary Interest: Has had several conversations with the neighbour to the application site.

(i)    Cllr Jarvis – Agenda Item No. 6 (20/00823/BC3M - Land South of Campfield Road) – Non-Pecuniary Interest: Lives close to the application site.

(j)    Cllr Jones – Agenda Item No. 6 (20/00823/BC3M - Land South of Campfield Road) – Disqualifying Non-Pecuniary Interest: This is a Council application and Cllr Jones is a Cabinet Member of the Council.

(k)  Cllr Mulroney – Agenda Item No. 6 (20/00823/BC3M - Land South of Campfield Road) – Disqualifying Non-Pecuniary Interest: This is a Council application and Cllr Mulroney is a Cabinet Member of the Council.

(l)    Cllr Mulroney – Agenda Item Nos. 7 (20/01276/FUL - Elmsleigh Hall, Elmsleigh Drive), 9 (20/01309/FUL - Development Land Underwood Square), 10 (20/01324/FUL - Development Land Underwood Square) and 12 (20/01395/FUL - 1335 London Road) – Non-Pecuniary Interest: Non-Planning Member of Leigh Town Council.

(m)Cllr Walker – Agenda Item No. 9 (20/01309/FUL - Development Land Underwood Square), 10 (20/01324/FUL - Development Land Underwood Square) – Non-Pecuniary Interest: A friend lives close to the application site.

(n)  Cllr Ward – Agenda Item Nos. 9 (20/01309/FUL - Development Land Underwood Square), 10 (20/01324/FUL - Development Land Underwood Square) and 13 (19/00207/BRCN-B - Britannia Public House, Eastern Esplanade) – Non-Pecuniary Interest: The company he works for has done some work on these addresses in the past.

Resolved:-

That the Minutes of the Meeting held on Wednesday 9^th September 2020 be confirmed as a correct record and signed.

Resolved:-

That the Minutes of the Meeting held on Wednesday 7^th October be confirmed as a correct record and signed.

Report to follow

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

Proposal: Temporary storage of soil at New Barge Pier Road

Applicant: Southend Borough Council

Agent: Mr Neil Hoskins

Cllrs Jones and Mulroney withdrew from the meeting for this item.

Resolved: -

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01        The development hereby permitted shall be for a limited period of 3 years from the date of this decision. At the end of this period the development hereby permitted shall cease and all material and equipment brought on to, or erected on the land, or works undertaken to it in connection with the development hereby approved, shall be removed and the land restored to its condition before the development took place. Details of the use of the material following its removal from the site shall be submitted to and approved in writing by the local planning authority before the end of the 3 year period.

Reason: For the avoidance of doubt and in the interests of amenity in accordance with the National Planning Policy Framework (2019) and Policies KP1 and KP2 of the Core Strategy (2007).

02        The development hereby permitted shall be carried out in accordance with the following approved plans: Spoil Retention Plan, Site Location Plan

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

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

Informatives:

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

02        You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the borough.

03        The applicant is reminded that this permission 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 the noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council’s Regulatory Services Officer in Environmental Protection for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ER’.

04        In terms  ...  view the full minutes text for item 535.

Proposal: Erect single storey rear extension and form side doorway.
Applicant: Gill Pedler
Agent: Gill Pedler of Church Growth Trust

A written submission from Mr Lowes was read to the committee.

A written response from Mr Heaney was read to the committee.

Cllr Dent joined the meeting at this agenda item.

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 following approved plans: S168-01, S168-02, S168-03, S168-04, S168-05, S168-06.

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

03 All new work to the outside of the building must match existing original work in terms 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 the area.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Design and Townscape Guide (2009).

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

Reason:  To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1, and the advice contained within 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.

Informative

1.         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.

2.         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  ...  view the full minutes text for item 536.

Proposal: Demolish existing side extension to 271 Southbourne Grove and erect two storey dwellinghouse with associated parking and amenity space (Amended Proposal)

Applicant: Mark Harding of Harding Group

Agent: Jack Baron DAP Architecture Ltd

Resolved: -

(a) That the Interim Director for Planning  or Group Manager of Planning and Building Control be delegated authority to GRANT PLANNING PERMISSION subject to the following conditions and following the completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and any other appropriate legislation to secure the provision of a financial contribution of £125.58 (index linked)  to mitigate the potential disturbance to European designated sites in accordance with the Essex Coast Recreational disturbance Avoidance Mitigation Strategy or the securing of this same payment by other suitable means.

(b) That the Interim Director of Planning or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above requirement, so long as planning permission when granted and, where it is used, 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 begin no later than 3 (three) years from the date of this decision. 

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

02 The development hereby permitted shall be carried out in accordance with the approved plans: 001_00, 00_00, 200_02 201_01, 202_01 & Transport Technical Note

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

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition works and the construction up to ground floor slab level, 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: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the Design and Townscape Guide (2009).

04 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i.  the parking of vehicles of site operatives and visitors 

ii.  loading and unloading of plant and materials 

iii.  storage of plant and materials used in constructing the development 

iv.  the erection and maintenance of security hoarding

including decorative displays and facilities  ...  view the full minutes text for item 537.

Proposal: Erect No.1 5 bedroom detached dwellinghouse, layout parking to front with associated crossover onto Underwood Square (Amended Proposal)

Applicant: Mr G Newton

Agent: Steven Kearney of SKArchitects

Mr Moore spoke as an objector.

Resolved: -

(a)       That the Interim Director for Planning  or Group Manager of Planning and Building Control be delegated authority to GRANT PLANNING PERMISSION subject to the following conditions and following the completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and any other appropriate legislation to secure the provision of

•           a financial contribution of £125.58 (index linked)  to mitigate the potential disturbance to European designated sites in accordance with the Essex Coast Recreational disturbance Avoidance Mitigation Strategy or the securing of this same payment by other suitable means.

(b)       That the Interim Director of Planning or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above requirement, so long as planning permission when granted and, where it is used, 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 begin not later than three years of the date of this decision

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

02 The development hereby permitted shall be carried out in accordance with the following approved plans 385-P800A, 385-P801, 385-P802, 385-P803, 385-P804

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

03 Prior to its occupation the materials for the external surfaces of the dwellings hereby approved shall be as set out on plan reference 385-P801 or any other details that have previously been submitted to and approved in writing by the local planning authority.

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2019) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).  

?

04 The first floor and second floor windows in the north and south elevations of the approved dwelling shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent that has been previously submitted to and agreed in writing by the local planning authority) and fixed shut up to a height of not less than 1.7m above first floor level before the occupation of the dwellings hereby approved and shall be retained as such in perpetuity.  In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

Reason:  To protect the privacy and environment of people in proposed and neighbouring residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy CP4, Development Management Document  ...  view the full minutes text for item 538.

Proposal: Erect 2No. two storey semi-detached dwellings and 2No. two and a half storey semi-detached dwellings, layout boundary planting and landscaping to front and layout parking spaces to front with associated vehicle accesses on to Underwood Square (Amended Proposal)

Applicant: Mr G Newton

Agent: Steven Kearney of SKArchitects

Mr Moore spoke as an objector.

Resolved: -

(a)       That the Interim Director for Planning  or Group Manager of Planning and Building Control be delegated authority to GRANT PLANNING PERMISSION subject to the following conditions following the completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and  any other appropriate legislation to secure the provision of

•           a financial contribution of £502.32 (index linked) to mitigate the potential for disturbance to European designated sites in accordance with the Essex Coast Recreational disturbance Avoidance Mitigation Strategy or the securing of this same payment by other suitable means

(b)       That the Interim Director of Planning 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, where it is used, 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 begin not later than three years of the date of this decision

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

02 The development hereby permitted shall be carried out in accordance with the following approved plans 385-P702A, 385-P704A, 385-P900A, 385-P901A, 385-P903A, 385-P905, 385-P906, 385-P907, 385-P908A, GBU 2113A

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

03 Before they are occupied the materials for the external surfaces of the dwellings hereby approved shall be as set out on plan reference 385-P704A and email from SKArchitects dated 14.09.20 or any other details that have previously been submitted to and approved in writing by the local planning authority.

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2019) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).  

04 The first floor windows in the north and south elevations of the approved dwellings shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut up to a height of not less than 1.7m above first floor level before the occupation of the dwellings hereby approved and shall be retained as such in perpetuity.  In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

Reason:  To protect the privacy and environment  ...  view the full minutes text for item 539.

Proposal: Replace windows, french doors and timber balcony to rear  second and third floors (retrospective)

Applicant: Mr M Guler

Agent: Mr T Ay of Delta Tech 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: 23b/P/02, 23b/P/03.

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

02 Within 4 months of the date of this permission a privacy screen of not less than 1.7m high above the balcony floor level shall be installed on the south side of the second floor balcony hereby approved, in accordance with details which have been submitted and previously agreed in writing with the local planning authority. The screen shall be retained for the lifetime of the development in accordance with the approved details.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1, and advice contained within 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 as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.

02 The applicant is informed that that the residential use of the upper floors of the building does not benefit from planning consent and therefore it is advised that a planning application or certificate of lawful use (existing) is submitted to the Council for consideration. For the avoidance of any doubt this permission relates solely to the works set out in the description of development. It does not grant permission for any change of use at the site.

Proposal: Erect single storey rear extension to form additional floor space to existing commercial unit, use of ground floor commercial space as use class A2, erect rear extensions at first floor and roof level, and erect roof extension to front, in association with the conversion of the first floor and loft space into one self-contained flat (Class C3), install balconies to front, lay out garden space with associated bin and cycle stores (Amended Proposal)

Applicant: Property Point - Mr M Saunders

Agent: iArch Consulting

Cllr Wakefield withdrew from the rest of the meeting

A written objection from Mrs Bailey was read out to the committee

A written response from Mr Whitten was read out to the committee.

A written submission from Councillor Aylen was read out to the committee.

Resolved: -

(a)       That the Interim Director for Planning  or Group Manager of Planning and Building Control be delegated authority to GRANT PLANNING PERMISSION subject to the following conditions and following the completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and any other appropriate legislation to secure the provision of:

•           a financial contribution of £125.58 (index linked) to mitigate the potential disturbance to European designated sites, in accordance with the Essex Coast Recreational disturbance Avoidance Mitigation Strategy or the securing of this same payment by other suitable means.

(b)       That the Interim Director of Planning or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above requirement, so long as planning permission when granted and, where it is used, the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

1 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.

2 The development shall be carried out solely in accordance with the approved plans:

001 Option D, 002 Option D, 003 Option D, 004 Option D 005 Option D

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

3 Notwithstanding the details shown on the plans submitted and otherwise hereby approved the development hereby permitted shall not commence, other than for groundworks and site preparation works, unless and until appropriately sized samples of the materials on the external elevations have been submitted to and approved in writing by the Local Planning Authority. The works must then be carried out in full accordance with the approved materials before the development hereby approved is first occupied.

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

4 Prior to the first occupation of the development hereby approved water efficient design measures set  ...  view the full minutes text for item 541.

Breaches of Control: Unauthorised development in respect of the widening of the main front door, the installation of glass doors and metal shutters, the application of gold coloured cladding to the parapet and unauthorised signage affixed to the south elevation.

Cllr Buck withdrew from the meeting for this item.

Resolved: -

That ENFORCEMENT ACTION be AUTHORISED to:

a)         secure the removal of the unauthorised steel shutters

b)         secure removal of the gold cladding to the parapet

c)         secure the removal of unauthorised signage to the south elevation

d)         remove from site all materials resulting from compliance with a) above

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Act and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice and any proceeding instituted under the provisions of the Advertisement Regulations.

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance. In this case a compliance period of 3 months is considered reasonable for the removal of the shutter, cladding and signage.

Taking enforcement action in this case may amount to an interference with the owners’ and/or occupiers’ Human Rights. However, it is necessary for the local planning authority to balance the rights of the owners and/or occupiers against its legitimate aims to regulate and control land within its area. In this particular case it is considered reasonable, expedient, and proportionate and in the public interest to pursue enforcement action on the grounds set out in the formal recommendation.