There were no apologies for absence.

The following interests were declared at the meeting:

(i) Councillor Borton – Application Ref. No. 22/00611/FULM – Has spoke about possible development with residents of Sutton Road/Glenhurst Road;

(ii) Councillor Dear – Application Ref. No. 22/01808/AMDT – Has been contacted by one of the objectors to the application and has visited the site to view the bedroom room windows of the application site;

(iii) Councillor Dent – TPO 05/2022 – Communications with residents;

(iv) Councillor Anne Jones – Application Ref. No. 22/01602/RES – Family work in river transport and railway which were both mentioned in the debate;

(v) Councillor Mulroney – Application Ref. No. 22/01976/BC3 – Artist is known to her; and

(vi) Councillor Ward – Application Ref. No. 22/01976/BC3 – Lives along Eastern Esplanade.

This supplementary report by the Executive Director (Growth and Housing) will provide additional information on the items referred to on the Agenda and will be available on the morning of the meeting.

The Committee received and noted a supplementary report by the Executive Director (Growth and Housing) that provided additional information on the items referred to elsewhere on the Agenda, since  the publication of the reports.

Proposal: Demolish existing buildings and erect two 3 storey blocks comprising of 33 self-contained flats facing Sutton Road, install vehicular access on to Sutton Road, layout parking to rear, cycle and bin storage, amenity space, landscaping and associated works

Applicant: Mr Chris Dove

Agent: N/A

Resolved:-

(a) That the Executive Director (Growth & Housing), Director or Planning or Service Manager – Development Control be DELEGATED to GRANT planning permission subject to the applicant entering into a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

• Affordable housing of 9no. affordable rent (4no. 1b2p, 2no. 2b3p, 2no. 2b4p and 1no. 3b4p units) and 24no. shared ownership (5no. 1b2p, 15no. 2b3p, 3no. 2b4p and 1no. 3b4p);

• Residential Travel Packs – to be agreed prior to occupation;

• Essex Coast RAMS – to be paid prior to occupation;

• Monitoring costs of £2250.

(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 set out 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 hereby permitted shall be carried solely out in accordance with the approved plans:

200 P4 Site Location Plan

201 P4 Existing Site Plan

202 P8 Proposed Site Plan

203 P8 Site Context Plan

204 P13 Proposed Ground and First Floor Plans

205 P9 Proposed Second Floor Plan and Roof Access

206 P8 Proposed Roof Plan

208 P5 Proposed Elevations

209 P11 Existing and Proposed Street Scene and Site Plan

210 P4 Existing and Proposed Street Scene with Sections

250 P2 Proposed Public Realm Improvements

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 in relation to the proposed residential buildings other than ground preparation and construction up to ground floor slab levels shall take place unless and until full product details of the materials to be used on all external elevations of the buildings including walls, projecting and inset balconies including floor, underside, fascia and soffit, windows and doors, roof and roof terraces, coping, privacy screens, rainwater goods and service doors including serving the cycle and refuse and recycling stores 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: In the interests of the visual amenities of the area, in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document and the advice contained  ...  view the full minutes text for item 524.

Proposal: Approval of Reserved Matters (Appearance, layout and scale) for the engineering works required to raise the levels of the site to create the development platforms and associated infrastructure works.  Submission of details for conditions 2 and part discharge of conditions 7, 8, 9, 13, 16 and 17, in relation to the engineering works of planning permission 20/01227/OUTM dated 26.02.2021 - Erect up to 214 residential units (Use Class C3), provision of a new health centre up to 1000sqm (Use Class D1), up to 400sqm of retail floorspace (Use Class A1-A3), land raising, all associated car parking, new foot and cycle paths, public open space, landscaping and ancillary works and infrastructure, Install vehicular access off Barge Pier Road, New Garrison Road and Magazine Road (Outline Application)

Applicant: Bellway Homes Essex

Agent: Savills

Resolved:-  (a)  That the RESERVED MATTERS be APPROVED, subject to the following conditions:

01 The development hereby permitted shall be carried out in accordance with the following approved plans: BA9923-SK011-02 (Site Location Plan), 2105160-140-P3 (Earthworks Surcharge Strategy Plan), 2105160-141-P1, 2105160-142-P1, 2105160-143-P3 (Cut and Fill Sections), 2105160-131-P2, 105160-130-P2, 2105160-132-P2 (Earthworks Surcharge Drainage Strategy Plans) and in full accordance with Preliminary Land Raising Strategy IDOM reference PLRSR-22438-22-101-Rev C dated 09.08.22.

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

02 Prior to the commencement of the development hereby approved, details of a survey of the existing eastern drainage ditch as shown on plan reference BA9923-SK011-02  and a strategy for any ditch maintenance works required to ensure that this drainage ditch is suitable for the intended temporary drainage works associated with the development hereby approved whilst also maintaining the ecology mitigation measures and required enhancement  measures approved under,  and secured by conditions 13, 14, 15, 16 and 17 of, planning permission 20/01227/OUTM shall be submitted to and agreed in writing by the Local Planning Authority. The approved works shall then be carried out and completed in full accordance with the approved details.

Reason:  This pre-commencement condition is required to ensure the approved development does not increase flood risk elsewhere or harm ecology in accordance with National Planning Policy Framework (2021), Core Strategy (2007) Policies KP1, KP2, KP3 and CP4 and Development Management Document (2015) Policies DM6 and DM14.

03 The works to create the raised development platforms hereby approved shall be carried out and completed in full accordance with the timescales set out in section 3 of the Construction Management Plan (CMP) Rev C by Bellway dated 07.11.22 or any other timetable that has previously been submitted to and agreed in writing with the Local Planning Authority under the terms of this planning condition. In addition, notwithstanding the contents of the CMP approved under condition 09 of planning permission 20/01227/OUTM for the construction of the raised development platforms, prior to the commencement of the development subject of this permission, a strategy for lorry movements to and from the development site through the City, including a means for the monitoring of the adherence  ...  view the full minutes text for item 525.

Proposal: Install permanent sculpture comprising of a brick column sculpture (B) as part of the "made from this land" sculpture trail (Site 4)

Applicant: Miss Laura Bowen of Focal Point Gallery

Agent: N/A

Resolved:- That the Executive Director (Growth and Housing), Director of Planning or Service Manager - Development Control be DELEGATED to GRANT PLANNING PERMISSION subject to the following conditions and provided that any additional representations received up to the end of the consultation period on 1 December 2022 do not raise any new material planning considerations. In the event that representations are received and these raise new material considerations not addressed within this report, the application be brought back to this Committee for determination.

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

Reason: Required 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, inclusive of the materials annotated: Location Plan; A010 Rev A; A201 Rev G.

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

03 The development hereby permitted shall be carried out and maintained solely in accordance with the details contained in the submitted document “Made from this Land’, Emma Edmondson, Section 106 Southchurch Art Commission”.

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

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:

01 You should be aware that in cases where damage occurs public during construction works to the highway in implementing this permission that Council will seek to recover the cost of repairing 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 City.

02 You are advised that as the proposed development does not involve the creation of new floorspace it benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable.

Proposal: (a) Modification of planning obligation to provide affordable housing (Section 106 agreement) dated 26.10.2017 pursuant to application 17/00563/OUTM as amended by Deed of Variation dated 06.11.2020 pursuant to application 20/00633/AMDT.

(b) Application to vary condition number 01 (approved plans) to alter fenestrations and layout to comply with Building Regulations (Minor Material Amendment of planning permission 17/02183/RESM dated 06.06.2018) and modification of planning obligation to provide affordable housing (Section 106 agreement) dated 26.10.2017 pursuant to application 17/00563/OUTM as amended by Deed of Variation dated 06.11.2020 pursuant to application 20/00633/AMDT.

Applicant: Mr Horban

Agent: DAP Architecture

Resolved:- (a) That MODIFICATION of the Section 106 agreement dated 26.10.2017 pursuant to application 17/00563/OUTM as amended by Deed of Variation dated 06.11.2020 pursuant to application 20/00633/AMDT be GRANTED to allow:

(i.) The removal of the obligation that the developer provides affordable housing on site.

(ii.) The securing of a financial contribution of £100,000.00 for the provision of affordable housing off site to be paid prior to first commencement of construction works, other than demolition, above ground floor level.

(iii.) The inclusion of a Late-Stage Viability Review Mechanism that would allow an additional contribution towards affordable housing

(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 modification of the section 106 agreement referred to (a) above and subject to the conditions set out below:

01 The development hereby permitted shall be carried out in accordance with plans 100; 350.01; 351.00; 352.00; 353.00; 354.00; 355.00; 356.00; 357.00; 358.00; 359.00; 360.00.

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

02 The development shall be carried out solely in accordance with the details of external materials shown on the approved plans 350.01, 351.00, 352.00, 353.00, 354.00 and 355.00 prior to first occupation of any development hereby approved.

Reason: To safeguard the character and appearance of the area in accordance with 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 Southend-on-Sea Design and Townscape Guide (2009).

03 The hard and soft landscaping shall be undertaken in accordance with the approved details of application 17/02183/RESM and as shown on drawing 601a submitted and approved with that application. The approved hard landscaping works shall be fully completed prior to first occupation of the development hereby approved and the soft landscaping works shall be completed within the first planting season following first occupation of the development and maintained in perpetuity thereafter.

Reason: To safeguard the character and appearance of the area in accordance with 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 Southend-on-Sea Design and Townscape Guide (2009).

04 A 1.5m high obscure glazed (the glass to be obscure to at least Level 4 on the  ...  view the full minutes text for item 527.

Proposal: Application to vary condition 04 - to allow the main bedroom window in rear dormer to have clear glass with openable windows - (Minor Material Amendment of Planning Permission 21/00240/FULH dated 30/03/2021) (Retrospective)

Applicant: Mr Faysal Mahmud

Agent: Mr Sam Milne

Mr Moore, a local resident, spoke as an objector to the application.  Mr Mahmud, the applicant, responded.

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

The provision of a clear glazed and openable rear bedroom window would result in loss of privacy and give rise to a harmful degree of actual and perceived overlooking of private amenity space and habitable rooms at Nos. 30 and 32 Eastwood Road to the significant detriment of the residential amenity of occupiers of these dwellings. This is unacceptable and contrary to the National Planning Policy Framework(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 Southend-on-Sea Design and Townscape Guide (2009).

Proposal: Change of Use from Dwellinghouse (C3) to 7 bed Large HMO (Sui Generis) (Retrospective)

Applicant: Mr K Virk

Agent: Mr G Miles of Miles Design

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

The development would provide an inadequate quality of living environment by failing to provide sufficient external space to meet the needs of existing and future occupiers to the detriment of their amenities. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM8 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

Proposal: Tree Preservation Order Confirmation

Resolved:- That Tree Preservation Order No TPO 05/2022 be CONFIRMED without modification.