Agenda and minutes

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Items
No. Item

678.

Apologies for Absence

Additional documents:

Minutes:

Apologies for absence were received from Councillors Beck (no substitute), D Garston (substitute: Councillor McGlone) and Thompson (substitute: Councillor Collins).

679.

Declarations of Interest

Additional documents:

Minutes:

The following interests were declared at the meeting:

 

(i) Councillor Berry – Application Ref. No. 20/00337/OUTM – Land at Fossetts Farm, Sutton Road – Discloseable non-pecuniary interest: Is the Secretary of the “Fossetts for the People” Campaign.  (Attended the meeting as a Ward Councillor to present his objection to the application only but withdrew from the meeting after his objection had been presented to the Committee);

 

(ii) Councillor Collins – Application Ref. No. 21/01453/FULH – 15 Leslie Road, Eastwood – Non-pecuniary interest: Had been in correspondence with residents in the area in respect of a previous application;

 

(iii) Councillor Cowan – Application Ref. No. 20/00337/OUTM – Land at Fossetts Farm, Sutton Road – Non-pecuniary interest: Members of the “Fossetts for the People” Campaign are known to him;

 

(iv) Councillor Dent – Application Ref. No. 20/00337/OUTM – Land at Fossetts Farm, Sutton Road – Non-pecuniary interest: Has had contact with the objectors to the application some of whom are known to him;

 

(v) Councillor Dent – Application Ref. No. 21/01506/FUL – 12 Branksome Road, Southend-on-Sea – Non-pecuniary interest: Has had contact from residents regarding the application and some of the objectors are known to him;

 

(vi) Councillor Jones – Application Ref. No. 20/00337/OUTM – Land at Fossetts Farm, Sutton Road – Discloseable non-pecuniary interest: Has attended meetings of the “Fossetts for the People” Campaign and appeared in photographs etc with the campaign (withdrew); and

 

(vii) Councillor Mitchell – Application Ref. No. 20/00337/OUTM – Land at Fossetts Farm, Sutton Road – Discloseable non-pecuniary interest: Associated with the “Fossetts for the People” Campaign group and has expressed views that the land should be used for 100% council housing (withdrew). 

680.

Supplementary Report pdf icon PDF 509 KB

Additional documents:

Minutes:

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

681.

21/01643/FULM - 53 - 57 Sutton Road, Southend-on-Sea (Victoria Ward) pdf icon PDF 693 KB

Additional documents:

Minutes:

Proposal: Convert part of ground floor, first floor and second floor to self-storage facility (Class B8) including up to 120 sqm flexible floorspace (Use Classes B8 and E), retain 25 car parking spaces and service access to rear, erect 3-storey building to rear of existing car park comprising 17 residential units (Class C3) with associated parking for 14 cars with access onto Guildford Road, cycle parking, hard and soft landscaping and amenity provision

Applicant: Mr Tom Hesp

Agent: Miss Nour Sinno of HTA Design LLP

 

Resolved;-

 

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

• A minimum of 4 Affordable housing units comprising 3 for affordable rent and 1 unit for shared ownership;

• A financial contribution towards secondary education provision of £21664.14, specifically for refurbishment to access places at Cecil Jones Academy;

• A payment of £127.30 per dwelling for 17 dwellings, (£2164.10) under the terms of the Essex Coast Recreational disturbance Avoidance Mitigation Strategy.

 

(b) That the Executive Director (Growth and Housing), Director of Planning or Service Manager - Development Control be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the section 106 agreement referred to above and subject to the conditions below:

 

Conditions

 

01 The development hereby permitted shall begin not later than three years of the date of this decision

 

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

 

02 The development hereby permitted shall be carried out in accordance with the following approved plans: 9011 – P01 P2, 9011 / P22 P2, 9011 / P10 P1, 9011 / P41 P1, 9011 / P20 P1, 9011 / P23, 9011 / P30 P2, 9011 / P31 P1, 9011 / P21, 9011 / P24 P1, 9011 / P32 P1, 9011 / P40 P2.

 

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

 

03 The Use Class E use hereby approved shall not be open for customers outside the following hours: 0700 hours to 2200 hours on any day.

 

Reason: In the interests of residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development Management Document (2015).

 

04 Notwithstanding the provisions of the Town and Country Planning Act 1990 (as amended), the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended), or any Acts, Orders or Regulations revoking, amending or re-enacting that legislation, the ground floor windows facing Sutton Road shall not be obscured other than in accordance with details that have previously been submitted to the local planning authority and approved in writing.

 

Reason: In the interests of the vitality of the shopping frontage, in accordance with the National Planning Policy Framework (2021),  ...  view the full minutes text for item 681.

682.

20/00337/OUTM - Land at Fossetts Farm, Sutton Road (St Lukes Ward) pdf icon PDF 1 MB

Additional documents:

Minutes:

Proposal: Erect up to 131 residential units with associated car parking, landscaping and ancillary works at land on Fossetts Farm (Outline Application)

Applicant: Homes England

Agent: Miss Mhairi Summers of Stantec

 

Councillor Berry spoke as an objector to the application and withdrew from the meeting after presenting his objection.  Ms G Care responded on behalf of the applicants’ agent.

 

Resolved:-

 

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

 

• 30% units of affordable housing provided on site with a 60/40 (social/affordable rent/shared ownership) tenure split – which based on 131 units would constitute 40 affordable units – 24 of which would be social/affordable rented and 16 shared ownership. (The final numbers of affordable units will depend on the final number of units to be provided on site which will be confirmed at reserved matters stage).

• A financial contribution of £368,290.33 towards secondary education at Chase High School or another secondary school within acceptable travel distance, assuming 131 dwellings are provided, to be paid prior to commencement of the development. The final amount required will depend on the final number of units and the final dwelling mix which will be confirmed at reserved matters stage.

• Essex RAMS payment of £127.30 (index linked) per dwelling – would be £16,676.30 based on 131 units to mitigate the potential disturbance to European designated sites (the final amount will depend on final number of units which will be confirmed at reserved matters stage).

Highways contributions:

- Travel Plan

- £1,000 per year for 5 years from first occupation for the Travel Plan Monitoring.

- Travel Packs which must include free bus tickets and free car club use for each dwelling and must be provided to residents before first occupation.

- Travel Packs which must include 4 x travel cards for use on local buses valid for 2 weeks, details of local bus and rail operators, details of any offer by bus operators of discounted travel to residents, details of free car club membership valid for 1 year, details of 10 car club driving hours for those eligible. Travel Packs are to be provided to the first occupier of each dwelling before first occupation.

- Developer to work with a bus company to provide an enhanced bus service for a minimum of 3 years which runs at least half hourly Monday – Friday 07:00 – 20:00, at least half hourly Saturdays 07:30 – 20:00 and at least hourly Sundays 09:00 – 19:00 and which must be up and running before the first unit is occupied.

- £10,000 contribution towards investigations into and minor works to local cycleways.

- 1x Car Club Vehicle and Space which must be served by an electric charging point.

- To enter into a car club agreement for a period of up to 10 years, including provision of 1x Car Club Vehicle and Space which must  ...  view the full minutes text for item 682.

683.

21/02089/AMDT - Former 51 Chalkwell Avenue, Westcliff-on-Sea (Chalkwell Ward) pdf icon PDF 600 KB

Additional documents:

Minutes:

Proposal: Application to vary condition 02 (Approved Plans) replace plan numbers 001 Ground Floor and site Plan, 002 First Floor Plan, 003 Second Floor Plan, 004 West Elevation, 005 South Elevation, 006 North Elevation, 007 East Elevation , 008 Roof Plan with plan numbers Location Plan, 002 (18.01.2022), 003 (18.01.2022), 004 (18.01.2022), 005 (18.01.2022), 006 (18.01.2022), 007 (18.02.2022), 008 (18.01.2022), 0011 (18.01.2022), 0012 (18.01.2022) - adjustment in the reduction footprint and adjustment of the internal plans and elevations necessitated by updated survey information (Minor Material Amendment of Planning Permission 20/02224/FUL dated 2.6.2021)

Applicant: Herald Build Limited

Agent: iArch Consulting

 

Mrs Ellman, a local resident, spoke as an objector to the application.  Mr Wislocki, responded on behalf of the applicant.

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin not later than 2nd June 2024.

 

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 Location Plan, 002 (18.01.2022), 003 (18.01.2022), 004 (18.01.2022), 005 (18.01.2022), 006 (18.01.2022), 007 (18.02.2022), 008 (18.01.2022), 0011 (18.01.2022), 0012 (18.01.2022), Section Detail

 

Reason: To ensure that 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 and construction up to ground floor slab level shall take place unless and until full product details of the materials to be used on all the external elevations, including walls, bays and balconies, roof, eaves and roof terraces, windows and doors, entrance glazing and porch, fascia and soffits, balcony balustrades and privacy screen, bin and cycle stores, rainwater goods and boundaries 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 brought into first use.

 

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2021) Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).  

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above ground floor slab level shall take place unless and until full detailed design drawings and cross sections of the main entrance and porch and entrance porch to units 2 and 3, projecting bays and balconies including balustrade details, windows and doors including reveals and framing and fixing of Juliette balconies, projecting eaves detail including soffits, flat roof ridge edge detail, dormer detail to north elevation,  tile hanging and brick decoration and any alterations to the existing boundaries to Kings Road and Chalkwell Avenue, at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the  ...  view the full minutes text for item 683.

684.

21/01900/FUL - 995 - 1003 London Road, Leigh-on-Sea (Blenheim Park Ward) pdf icon PDF 349 KB

Additional documents:

Minutes:

Proposal: Erect two storey rear extension and form new second floor to main building with green roof and roof terrace to form 5no. self-contained flats with associated parking, bin and cycle store

Applicant: Mr Schofield on behalf of Cycles UK

Agent: SKArchitects

 

This application was WITHDRAWN by the applicant.

685.

21/02453/FULH - 15 Leslie Close, Eastwood (Eastwood Park) pdf icon PDF 468 KB

Additional documents:

Minutes:

Proposal: Raise ridge height and form hipped to gable roof extension, install dormers to front and rear to form habitable accommodation in the loftspace, erect single storey rear extension (amended proposal)

Applicant: Mr Tony Wilkins

Agent: Mr Carl Brampton of Contour Architectural Designs Ltd.

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01 The proposed roof extensions, by reason of their scale, siting and design, would appear out of keeping, unduly prominent and incongruous in the streetscene, to the significant detriment of the character and appearance of the dwelling, the streetscene and wider surroundings. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2021); Policy 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 National Design Guide (2021) and Southend-on-Sea Design and Townscape Guide (2009).

 

Positive and Proactive Statement

 

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

 

Informative

 

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

686.

21/02329/FULH - 141 North Avenue, Southend-on-Sea (St Lukes Ward) pdf icon PDF 265 KB

Additional documents:

Minutes:

Proposal: Erect single storey rear extensions

Applicant: Biloenkomo

Agent: A R Property Designs

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

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

 

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

 

02 The development hereby permitted shall be carried out only in accordance with the following approved plans: LOCATION L1, DRWG 01A.

 

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with policy DM1 of the Development Management Document (2015).

 

03 Before the development hereby approved is occupied the materials used on the external surfaces of the development must match those used on the external surfaces of the existing property. This applies unless differences are shown on the drawings hereby approved or are required by other conditions on this permission.

 

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with policy DM1 of the Development Management Document (2015).

 

Positive and Proactive Statement:

 

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:

 

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

 

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 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.

687.

21/01506/FUL - 12 Branksome Road, Southend-on-Sea (Kursaal Ward) pdf icon PDF 690 KB

Additional documents:

Minutes:

Proposal: Demolish existing building and erect 4no two storey dwellinghouses with associated amenity space and parking, form new vehicular accesses onto Branksome Road (Amended Proposal)

Applicant: Susan Steel

Agent: Mrs Lindsey Wislocki of Hedgehog Architects

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01 The proposed development, by reason of its scale, layout, density and design would be incongruous and obtrusive and fail to demonstrate a positive contribution to the character and appearance of the street scene, to the detriment of the character and quality of the site and its wider surroundings and representing an overdevelopment of the site. The proposal would provide the public benefits of 4no. M4(2) compliant dwellings, and a net increase of 3no. dwellings, however these benefits would not outweigh the significant harmful impacts identified. It is therefore concluded that the development would not be sustainable development, would be unacceptable and contrary to the National Planning Policy Framework (2021), National Design Guide (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

 

Positive and Proactive Statement

 

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

 

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.

688.

20/00348/UNAU_B - 176 Burges Road, Thorpe Bay (Thorpe Ward) pdf icon PDF 731 KB

Additional documents:

Minutes:

Breach of Planning Control: Extension not in accordance with approved plans under reference 20/00556/FULH

 

Resolved:-

 

That ENFORCEMENT ACTION be AUTHORISED to secure the following:

 

a) the removal of the unauthorised rear extension in its entirety OR

b) reposition and amend the extension so that it fully complies with the approval granted under planning reference 20/00556/FULH; and

c) the removal from site all materials resulting from compliance with a) OR b) 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.

 

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 demolition of the unauthorised rear extension or its modification to comply with planning permission ref 20/00556/FULH.

 

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.

 

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