Apologies for absence were received from Councillors Dent (substitute: Councillor Burton), Thompson (substitute: Councillor Collins), F Evans (no substitute) and Shead (no substitute).

The following interests were declared at the meeting:

(i) Councillors Berry, Collins and Walker – Application No. 22/00901/FUL (Land between 581-583 Rayleigh Road, Eastwood) – has been in touch with residents about how to engage in the process; and

(ii) Councillors Buck & D Garston – Application No. 22/01137/FUL (Part of Former Goods Yard at Station Approach, Leigh on Sea) – Residents have contacted them about noise at this location.

There was no supplementary report for this meeting.

Proposal: Erect 17 Light Industrial units (Class E (g) (iii)) with associated car parking and landscaping

Applicant: Mr Fergus Prentice

Agent: Mr Andrew Cooke of Dovetail Architects Ltd.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

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

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

02. The development hereby permitted shall be carried out in accordance with the following approved plans: 4239_PL01; 4239_PL02; 4239_PL03A; 4239_PL04A; 4239_PL05B; 4239_PL06B; 4239_PL07B; 4239_PL08A

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

03. Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above the ground floor slab level shall take place until and unless specifications of the materials to be used in the construction of the external elevations of the development hereby permitted, including details of hard surfacing, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details before it is occupied.

Reason: In the interests of visual amenities further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015) and advice in the National Design Guide (2021) the Southend-on-Sea Design and Townscape Guide (2009).

04. No deliveries or collections, including haulage movements connected with the development hereby approved, shall take place at the site outside the hours of 07:30 to 19:00 Monday to Friday and 08:00 to 13:00 Saturday. No deliveries or collections of any kind shall take place on Sundays or Bank Holidays.

Reason: In the interests of resident amenities further to the National Planning Policy Framework (2021), 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).

05. The development hereby approved shall not operate outside the following hours: 07:30 to 18:30 Monday to Friday; 08:00 to 13:00 Saturdays and it shall not operate at any other times including at any time on Sundays or bank holidays.

Reason: To protect residential amenity and general environmental quality in accordance with National Planning Policy Framework (2021), Core Strategy (2007) policy KP2 and CP4, and Development Management Document (2015) policy DM1.

06. Hours of construction works in association with the development hereby approved shall be 0800 to 1800 Monday to Friday, 0800 to 1300 Saturday. No works shall be carried out on Sundays or Bank Holidays.

Reason: In the interests of resident amenities further to the National Planning Policy Framework (2021), 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).

07. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by,  ...  view the full minutes text for item 275.

Proposal: Erect a detached dwellinghouse on vacant land with amenity space at rear and relocate existing vehicle crossover on to Rayleigh Road (Amended proposal)

Applicant: Mr A Bush

Agent: Mr A Davison of Brian Davison Associates

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

Resolved:-

That planning permission be REFUSED for the following reason:

01. The site lies partially within flood zone 2 and adjacent to flood zone 3. The applicant has failed to demonstrate that the development will not result in significantly harmful increased flood risk to surrounding occupiers as a result of the proposed reduction in ground levels across the application site. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2021), and Policies KP1 and KP2 of the Core Strategy (2007).

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 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 the circumstances the proposal is not considered to be sustainable development.

Proposal: Install 33no. storage container units

Applicant: Mr Roy Pullinger

Agent: Miss Emily Weston of Fisher German LLP

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: 130528-001C; 130528-002B; 130528-003D; 130528-004B

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

03. Before any external lighting is installed in association with the use hereby permitted details of its location, design and specification shall have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed solely in accordance with the approved details. 

Reason: In the interests of the amenities of the area and nearby residents, in accordance with Policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

04. The storage containers hereby approved shall remain at ground level and shall not be stacked.

Reason: To protect the amenities and environment of people in neighbouring residential properties, in accordance with the Core Strategy (2007) policies KP2, CP3 and CP4, the Development Management Document (2015) policies DM1 and DM3 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

05. The development hereby approved, for purposes falling within Use Class B8, shall only be occupied for storage purposes within Use Class B8 and shall not be used for any other purpose, including any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting these Orders, with or without modification.

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to retain control of the use of the floorspace within the Use Class specified so that occupation of the premises does not prejudice amenity,  in accordance with the National Planning Policy Framework (2021), 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).

06. The development hereby approved shall be operated in strict accordance with the measures to control noise and disturbance as outlined in the Management Plan (which was approved under the terms of discharge of condition 21/02370/AD). This includes restriction of operating hours to between 05:00-23:00 Mondays – Sundays inclusive and limiting HGV deliveries and collections to between 07:00-17:00 Monday – Friday only.

Reason: In order to protect the amenities of surrounding occupiers in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015)

The  ...  view the full minutes text for item 277.

Proposal: Demolish existing bungalow, erect two dwellinghouses, layout parking to front and amenity space to rear

Applicant: Mr Ali

Agent: Mr Tim Knight of Knight Gratrix Architects

Ms Flemming, a local resident, spoke as an objector to the application.  Mr Ali, the applicant, responded.

Resolved:-

That planning permission be REFUSED for the following reason:

01 The proposed development by reason of its mass, height, width, depth and overall scale results in a bulky, cramped and incongruous form of development materially out of keeping with its context and harmful to the character and appearance of its surroundings.  This would be unacceptable and contrary to the National Planning Policy Framework (2021), 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).

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 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 the circumstances the proposal is not considered to be sustainable development.

Breach of Control: Unauthorised extraction flue to rear

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure the following:

(a) Removal of the unauthorised extraction flue to the rear; and

(b) Removal from site all materials and debris resulting from compliance with requirement (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.

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 above works.

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.

Proposal: Tree Preservation Order Confirmation

Resolved:-

That, on the basis of the information contained in the submitted report and given the high amenity value of these trees Tree Preservation Order TPO 3/2022 be CONFIRMED and be made PERMANENT including the modification proposed to the address and title of the Order.