Apologies for absence were received from Councillors Walker and Woodley (no substitutes).

The following interests were declared at the meeting:-

(i) Councillor Borton – Application Ref. No. 22/01541/FULM (141-159 Sutton Road, Southend-on-Sea) – Has spoken to two residents, including the objector in her capacity as Ward Councillor;

(ii) Councillor Dent – Application Ref. No. 23/00363/TEL (Grass Verge, Whitehouse Road, Eastwood) and Application Ref. No. 23/00364/TEL (Footpath outside Eastwood Pre-School, Western Approaches) – Has spoken with Ward Councillors regarding these applications;

(iii) Councillor D Garston – Application Ref. No. 23/00244/FUL and 20/00189/UNAU_B (148-150 Hamlet Court Road, Westcliff-on-Sea) – Applicant is a friend as his son;

(iv) Councillor D Garston – Application Ref. No. 22/01496/FUL (Land adjacent to 292 Leigh Road, Leigh-on-Sea) – son is a member of Leigh Town Council;

(v) Councillor Habermel – Application Ref. No. 22/02340/FUL and 21/00222/UNAU_B (16 The Leas, Westcliff on Sea) – Applicant is a personal friend of his wife (withdrew);

(v) Councillor A Jones – Application Ref. No. 22/02342/DOV – Son works for the Council’s Transport Team and a contribution to bus infrastructure was mentioned during the debate;

(vi) Councillor Mulroney – Application Ref. No. 22/01496/FUL (Land adjacent to 292 Leigh Road, Leigh-on-Sea) – Non-planning member of Leigh Town Council and personal friend of an objector (withdrew);

(vi) Councillor Mulroney – Application Ref. Nos. 23/00077/FUL (96 Broadway, Leigh-on-Sea), 23/00280/FUL and 19/00177/UNAU_B (94 Broadway, Leigh-on-Sea) and 23/00218/TPO (33 Hadleigh Road, Leigh-on-Sea) – Member of Leigh Society and non-planning member of Leigh Town Council;

(vii) Councillor Sadza – Any application that includes social housing – Member of Acorn Tenants Union;

(viii) Councillor Sadza – Application. Ref No. 22/00244/FUL and 20/00189/UNAU_B (148-150 Hamlet Court Road, Westcliff-on-Sea) – has received email correspondence from the applicant; and

(ix) Councillor Ward – 23/00218/TPO (33 Hadleigh Road, Leigh-on-Sea) – Works for a company which is on this site (withdrew – the chair for this item was taken by the Vice-Chair, Councillor Borton).

Resolved:-

That the Minutes of the meeting held on Wednesday, 1^st March 2023 be received, confirmed as a correct record and signed.

The supplementary report by the Executive Director (Growth and Housing) will provide additional information (if any) 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, erect part three/part four storey building containing 3no. commercial units (Class E) and 34no. residential units with associated parking

Applicant: Mr Antony Mason

Agent: BGA Architects

Mr Garwood, a local resident, spoke as an objector to this application.

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:

• Secondary education contribution of £50,863.63.

• RAMS contribution - 34 x £137.71 = £5329.84

• Provision of Travel Information Packs to all residents.

• Late-Stage Viability Review Mechanism in regards to Affordable Housing Provision (60% of any surplus).

• Monitoring fee of £1,000.

(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 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 0-001A, 0-002A, 0-200G, 1-001A, 1-200D, 1-201F, 1-202E, 1-203C, 1-204C, 1-210D,1-211C, 2-001A, 2-200C, 2-201C, 2-210C, 3-200C, 4-200C.

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

03 Notwithstanding the details shown on the plans and the materials schedule 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 of the development, including walls and associated brick decoration; roof including coping; windows and doors including entrance curtain walling; signage details; waste and recycling store doors; shopfronts including awnings and facias and rainwater goods have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be carried out in accordance with the approved details before it is first occupied or 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) Policies DM1 and DM5 and the advice contained within the National Design Guide (Rev 2021) and the Southend-on- Sea Design and Townscape Guide (2009).

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, none of the units hereby granted consent shall be occupied unless and until the design details, materials and specifications for the privacy screens for all linked balconies and the design of the balustrading for the roof terraces and balconies, including balustrades, floor, underside, screens and any acoustic attenuation measures, have been submitted to and approved in writing by the Local Planning Authority under the terms of  ...  view the full minutes text for item 830.

Proposal: Modification of Section 106 agreement dated 30/06/2011 (as amended by Deeds of Variation dated 22/06/2016 and 19/09/2018) pursuant to planning permission 10/02012/EXTM, to extend the payment provisions in relation to the Education, Bus Infrastructure and Warrior Square Contributions.

Applicant: Mr David Samuels of Broadway Estates Ltd

Agent: Mr Steve Davies of Hobbs Parker Property Consultants LLP

Resolved:-

(a) That the Council enter into a Planning Obligation by Deed of Variation under Section 106 of the Town and Country Planning Act 1990 (as amended) to allow the following modifications to the Deed of Agreement dated 30th June 2011 (as amended by Deeds of Variation dated 22nd June 2016 and 19th September 2018) pursuant to planning permission 10/02012/EXTM:

(i.) Clause 3.1 of the Second Schedule – Education Contribution payable prior to first occupation of any of the residential units provided by the planning permission

(ii.) Clause 6.1 of the Second Schedule – Bus Infrastructure Contribution payable prior to first occupation of any of the residential units provided by the planning permission

(iii.) Definitions, Clause 7 of the Second Schedule, Clause 1.1 and 1.3 of the Third Schedule – Warrior Square Contribution – amend the definition and terms to ‘Local Play Contribution’ to be spent within 10 years of receipt and to be spent on ‘the provision of new play equipment within the vicinity of the Site’

(b) That the Executive Director (Growth and Housing), Director of Planning or Service Manager for Development Control be DELEGATED to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 30th June 2011 (as amended by Deeds of Variation dated 22nd June 2016 and 19th September 2018) pursuant to planning permission 10/02012/EXTM referred to above.

(c) That the cancellation of the associated invoice no. 771452 dated 4th July 2019 be authorised, including Bus Infrastructure Contribution (£30,739.80) and Education Contribution (£27,165.67); as well as ceasing any debt recovery proceedings in relation to this outstanding invoice as the payments would no longer be due at this stage.

Proposal: Install 15m high slim-line monopole, supporting 6 no. antennas, 3 no. equipment cabinets and associated ancillary works

Applicant: CK Hutchinson Networks (UK) Ltd

Agent: Mr Alan Osborne of WHP Telecoms Limited

Resolved:-

That PRIOR APPROVAL be REFUSED, for the following reasons:

01 The proposed telecommunications mast would, by reason of its height, siting and appearance constitute a prominent and visually dominant feature in the streetscene resulting in significant harm to the residential character, appearance and visual amenities of the surrounding area. The cumulative effect of the equipment cabinets by reason of their size and scale and position and exacerbated by their colour would detrimentally add to visual clutter at the application site to the detriment of the character, appearance and visual amenities of the surrounding area. The benefits of the proposal do not outweigh the significant harm identified. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP1, KP2 and CP4, Development Management Document (2015) Policies DM1 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02 It has not been demonstrated to the satisfaction of the Local Planning Authority that the proposed mast would not have a detrimental impact on public safety due to its height and position relative to London Southend Airport. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4 and Development Management Document (2015) Policy DM1.

Proposal: Install 15m slim-line monopole, supporting 6 no. antennas, 3 no. equipment cabinets and associated ancillary works

Applicant: CK Hutchinson Networks (UK) Ltd

Agent: Mr Alan Osborne of WHP Telecoms Limited

Resolved:-

That PRIOR APPROVAL be REFUSED for the following reasons:

01 The proposed telecommunications mast would, by reason of its height, siting and appearance constitute a prominent and visually dominant feature in the streetscene resulting in significant harm to the residential character, appearance and visual amenities of the surrounding area. The cumulative effect of the equipment cabinets by reason of their size and scale and position and exacerbated by their colour would detrimentally add to visual clutter at the application site to the detriment of the character, appearance and visual amenities of the surrounding area. The benefits of the proposal do not outweigh the significant harm identified. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP1, KP2 and CP4, Development Management Document (2015) Policies DM1 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02 It has not been demonstrated to the satisfaction of the Local Planning Authority that the proposed mast would not have a detrimental impact on public safety due to its height and position relative to London Southend Airport. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4 and Development Management Document (2015) Policy DM1.

Proposal: Demolish existing storeroom and erect two storey building with basement for use as a restaurant (Class E) and use existing basement at 292 Leigh Rd as associated restaurant floorspace.

Applicant: Capability Ltd

Agent: Mr Dwight Breley of Breley Design Ltd

Ms N Stimson, a local resident, spoke as an objector to the application. Mr Harvey,, the applicant’s agent, responded.

Resolved:-

That the matter be DEFERRED for further clarity about adjacent premises’ windows.

Proposal: Replace existing derelict garage with 1no. storage unit and erect 1no. storage unit (retrospective)

Applicant: Mr Andrew Timotheou

Agent: Mr Craig Pallett of BDA Architecture

Resolved:-

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01 The development hereby permitted shall be retained only in accordance with the following approved plans:  22.167/01, 22.167/02 Revision A, 22.167/03 Revision A, 22.167/04 Revision A.

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).

02 The external appearance of the buildings hereby approved must accord with approved plan: 22.167/04 Revision A in terms of the choice of materials, method of construction and finished appearance.

Reason: In the interests of visual amenity and to ensure that the appearance of the buildings make a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (2021), Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) policy DM1 and advice in the National Design Guide (Rev 2021) and the Southend-on-Sea Design and Townscape Guide (2009).

03 The development hereby permitted shall not be used at any time other than for the domestic storage of goods and the domestic storage of vehicles. The development shall not be used for any other purpose, including any change of use permitted under the Town and Country Planning (General Permitted Development) (England) 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: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4 and Development Management Document (2015) policies DM1 and DM3.

04 A ‘Give Way’ sign shall be installed to the north side of unit 11 incorporating instructions displayed for vehicle drivers to access/egress the site in forward gear, in accordance with details which shall have previously been submitted to and approved in writing by the Local Planning Authority within 3 months of the date of this decision and they shall be retained for the lifetime of the development.

Reason: To discourage unsafe vehicle movements within the site to the material detriment of pedestrian and highway safety and the local highway network and to comply with Policy CP3 of the Core Strategy (2007), Policies DM3 and DM15 of the Development Management Document (2015).

05 No external lighting shall be installed at the development otherwise hereby approved unless and until a scheme of external lighting has been previously submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and retained for the lifetime of the development.

Reason: In the interests of residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2021), Core  ...  view the full minutes text for item 835.

Proposal: Replace existing wooden sash windows with uPVC double glazed sash windows at 16 and 16A The Leas (retrospective)

Applicant: Mrs Julie Burgess

Agent: Andy Stevens of ASP

Resolved:-

(A) That, subject to no new material planning considerations being raised by the end of the statutory consultation period, the Executive Director (Growth & Housing), Director of Planning or the Service Manager – Development Control, be AUTHORISED to REFUSE PLANNING PERMISSION for the following reason:

01 The development, by reason of the detailed design and materials of the replacement windows and doors, has resulted in visually prominent, out of keeping and incongruous alterations to the existing building which are harmful to the character and appearance of the site, the streetscene and the wider area including the conservation area. Whilst this harm is less than substantial, it is nevertheless significant in degree and is not outweighed by any public benefits of the development. This is unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advice contained within the National Design Guide (2021) the Southend-on-Sea Design and Townscape Guide (2009) and The Leas Conservation Area Appraisal (2022).

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. The Local Planning Authority is willing to discuss the best course of action via the pre-application service available at https://www.southend.gov.uk/info/200155/make_a_planning_application_and_planning_advice/365/planning_advice_and_guidance/2

Informatives:

01 You are advised that as the proposed development 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 www.southend.gov.uk/cil for further details about CIL.

02 The applicant is reminded that planning permission will be required for replacement windows and doors following the removal of the unauthorised fenestration subject of this decision. If these areas of the building are left untreated, the Local Planning Authority may consider it expedient to issue a S.215 Notice under the provisions of the Planning Acts. The planning application should demonstrate that replacement windows and doors closely replicate the original timber windows and doors.

(B) That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal of the uPVC windows and doors highlighted in red in drawing TL-BU-02; and

(b) the removal from site all materials resulting from compliance with (i) above.

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice  ...  view the full minutes text for item 836.

Proposal: Change of use of all floors, garden and terrace from shop and residential (Classes E and C3) to cafe/restaurant (Class E), install timber balustrade to terrace (Part Retrospective) (Amended Proposal)

Applicant: Mr Stuart Childs

Agent: Mr Ian Farrow of Ergotechnics 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: PP100, PP101, PP102, PP103 Rev C, PP104 Rev C, PP105 Rev A.

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

03 The raised terrace area to the rear of the building shall not be used by customers unless and until the narrow-slatted timber balustrading and 1m deep planter have been installed as shown on approved plans reference PP103 Rev C and PP104 Rev C. These measures shall be retained for the lifetime of the development.

Reason: To safeguard the character and appearance of the site and the surrounding Leigh Cliff Town Conservation Area and the amenities of neighbours in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the Development Management Document (2015) and advice contained within the National Design Guide (2021), Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Cliff Town Conservation Area Appraisal (2021).

04 The Class E (café/restaurant) use hereby permitted shall not be open to customers outside the following times: from 8:30am to 6pm Mondays to Fridays, from 8:30am to 10pm on Saturdays and from 9am to 4pm on Sundays and Bank and Public Holidays.

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

05 No deliveries or refuse collection shall be taken at or despatched from the Class E use hereby permitted other than the following hours from 7am to 6pm Mondays to Fridays and from 8am to 1pm on Saturdays and not at any time on Sundays, Bank or Public Holidays.

Reason: In order to protect the amenities of occupiers of the development 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).

06 Other than for maintenance or in the event of emergency escape, the rear first floor terrace area of the development hereby approved shall not be used by staff or customers for any purposes including for the consumption of food or drink or smoking outside the following hours: from 10am until 5pm on Mondays to Saturdays and from 12 noon to 4pm on Sundays and Bank and Public Holidays. There shall be no speakers or music, amplified or otherwise,  ...  view the full minutes text for item 837.

Proposal: Alterations to shop front (part-retrospective)

Applicant: Mr and Mrs Ribeiro

Agent: Trudys Architectural Consultants

Resolved:-

(A) That PLANNING PERMISSION be REFUSED for the following reason:

01 The development, by reason of the metal cladding which has been applied to the fascia on the north elevation has resulted in visually prominent, out of keeping and incongruous alterations to the existing building which is harmful to the character and appearance of the site, the streetscene and the wider Leigh Cliff Conservation Area and harms the setting of the adjacent and nearby locally listed buildings. Whilst this harm is less than substantial, it is nevertheless at least moderate in degree and is not outweighed by any public benefits of the development. This is unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the advice contained within the National Design Guide (rev 2021), the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Cliff Conservation Area Appraisal (2021).

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. The Local Planning Authority is willing to discuss the best course of action via the pre-application service available at https://www.southend.gov.uk/info/200155/make_a_planning_application_and_planning_advice/365/planning_advice_and_guidance/2 .

Informatives

01 You are advised that as the proposed development 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 www.southend.gov.uk/cil for further details about CIL.

02 The applicant is reminded that, following the removal of the unauthorised metal cladding subject of this decision, the fascia should be returned to the plain painted style approved under planning permission 19/01711/FUL. If this area of the building is left untreated, the Local Planning Authority may consider it expedient to issue a S.215 Notice under the provisions of the Planning Acts.

(B) That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal of the unauthorised metal cladding to the fascia and stallriser on the north elevation of the building; and

(ii) the removal from site all materials resulting from compliance with (i) 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  ...  view the full minutes text for item 838.

Proposal: Demolish existing outbuildings, erect block of 2no. self-contained flats with associated parking, cycle store and new boundary treatment (part retrospective)

Applicant: Mr Halpern – Lands Partners LTD

Agent: Mr Stan Beanland of Beanland Associates Architects Ltd.

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 approved shall be carried out in accordance with the approved plans: 3002_50; 3002_052 REVB; 3002_100 REVB; 3002_101 REVB; 3002_102 REVB; 3002_103; 3002_200B; 3002_201; 3002_202 REVB; 3002_203 REVB, 3002_700, 3002_701, 3002_710, 3002_703

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 the development hereby permitted shall not commence, other than demolition or site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the development at the site including facing materials, roof detail, windows, doors, fascia and soffits 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 details before the dwellings hereby approved are first occupied.

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

04 Within the first available planting season (October to March inclusive) following the first use of the development hereby approved, a soft landscaping scheme which includes details of net biodiversity gain, shall be implemented in line with details which have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The soft landscaping scheme shall be implemented, completed and maintained thereafter in full accordance with the approved details. It is expected that the landscaping scheme submitted for approval shall accord with the principles and nature of that shown on drawing No 3002_052 REVB.

Within a period of five years from the completion of the development hereby approved, or from the date of the planting of any tree or any tree planted in its replacement, if any tree planted as part of the approved landscaping scheme is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that of the original tree shall be planted in the same place or in accordance with alternative tree replacement details approved under the scope of this planning condition.

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and  ...  view the full minutes text for item 839.

Proposal: Replace existing uPVC top hung casement windows with Rehau Heritage Slider Sash windows to front and side, enlarge ground floor rear window and install uPVC top hung casement window

Applicant: Mr Simon Rush

Agent: Mr Matthew Driscoll of MJD Planning Ltd

Resolved:-

(A) That PLANNING PERMISSION be REFUSED for the following reason:

01 The proposed replacement windows, by virtue of their modern material (uPVC), dimensions and the use of double-glazed units are considered to be harmful to the character and appearance of the site, the streetscene, the Frontage of Townscape Merit, the wider Hamlet Court Road Conservation Area and harm the setting of the Grade II listed Havens building at No 140 Hamlet Court Road. Whilst the harm to the designated heritage assets is less than substantial, it is nevertheless significant in degree and is not outweighed by any public benefits of the development. This is unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the advice contained within the National Design Guide (rev 2021), the Southend-on-Sea Design and Townscape Guide (2009) and the Hamlet Court Road Conservation Area Appraisal (2021).

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. The Local Planning Authority is willing to discuss the best course of action via the pre-application service available at: https://www.southend.gov.uk/make-planning-application-planning-advice/planning-advice-guidance/2

Informatives

1. You are advised that as the proposed development 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 www.southend.gov.uk/cil for further details about CIL.

2 The applicant is reminded that planning permission will be required for replacement windows following the removal of the unauthorised fenestration subject of this decision. If these areas of the building are left untreated, the Local Planning Authority may consider it expedient to issue a S.215 Notice under the provisions of the Planning Acts. The planning application should demonstrate that replacement windows closely replicate the original timber sash windows which were removed at the site.

(B) That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal of the unauthorised uPVC windows from the west (front), east (rear) and north (flank) elevations at first and second floor; and

(ii) the removal from site all materials resulting from compliance with (i) above.

The authorised  ...  view the full minutes text for item 840.

Proposal: Install replacement windows and doors (Retrospective)

Applicant: Mr Neil Hurrell

Agent: Mr Liam Bedwell of Mibe Architects Ltd

Resolved:-

(A) That PLANNING PERMISSION be REFUSED for the following reason:

01 The development, by reason of the detailed design and materials of the replacement windows and doors has resulted in visually prominent, out of keeping and incongruous alterations to the existing building which are harmful to the character and appearance of the site, the streetscene and the wider area. The development has also resulted in harm to the setting and appearance of the adjacent Shoebury Garrison Conservation Area. Whilst this harm is less than substantial, it is nevertheless moderate to significant in degree and is not outweighed by any public benefits of the development. This is unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the advice contained within the National Design Guide (2021) the Southend-on-Sea Design and Townscape Guide (2009) and the Shoebury Garrison Conservation Area Appraisal (2020).

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. The Local Planning Authority is willing to discuss the best course of action via the pre-application service available at: https://www.southend.gov.uk/info/200155/make_a_planning_application_and_

planning_advice/365/planning_advice_and_guidance/2.

Informatives

01 You are advised that as the proposed development 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 www.southend.gov.uk/cil for further details about CIL.

02 The applicant is reminded that planning permission will be required for replacement windows and doors following the removal of the unauthorised fenestration subject of this decision. If these areas of the building are left untreated, the Local Planning Authority may consider it expedient to issue a S.215 Notice under the provisions of the Planning Acts. The planning application should demonstrate that replacement windows and doors closely replicate the original timber sash windows which were removed at the site but can still be seen on adjacent properties.

(B) That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal of the unauthorised windows and doors outlined in red in the sketch included in Appendix B of the submitted report; and

(ii) the removal from site all materials resulting from compliance with (i) above.

The authorised enforcement action to include (if/as necessary) the service  ...  view the full minutes text for item 841.

Proposal: Extend and alter roof with glazed gable end and balcony to rear, form pitched roof to first floor existing rear gable, erect single storey rear and side extension, remove chimney and install rooflight to side

Applicant: Mr and Mrs Williamson

Agent: Knight Gratrix Architects

Resolved:-

That PLANNING PERMISSION be GRTANTED 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 solely in accordance with the following approved plans: 010 Revision A, 012 Revision C.

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), advice in the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

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.

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).

04 With the exception of the balcony hereby approved located within the roof to the rear of the dwelling as shown on approved plan 012 Revision C and the existing balcony at first floor level to the front of the dwelling, the roof areas of the development hereby approved shall not be used as a balcony, roof garden, terrace or any similar purpose without express planning permission. The roofs can however be used for the purposes of maintenance or to escape in the event of an emergency.

Reason: To protect the privacy and environment of people in neighbouring residential properties, 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).

05 The proposed rooflight in the eastern flank elevation of the development hereby approved, shown on drawing number 012 Revision C, shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy) and  fixed shut where it is less than 1.7 metres above internal finished floor level of the room or internal area served before the development is first used or occupied and retained as such thereafter. 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 on the Pilkington scale.

Reason: To ensure the development has an acceptable design and protects the amenities of neighbouring occupiers in accordance with policy DM1 of the Development Management Document (2015).

Positive and  ...  view the full minutes text for item 842.

Proposal: Erect part single/part two storey rear extension with balcony to rear at first floor level, extend existing dormer to side, single storey front/side extension to form porch area, install rooflights to side elevations and alterations to front elevation

Applicant: Mr Martin Hainesborough

Agent: Mrs Lindsey Wislocki of Hedgehog Architects

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 shall only be undertaken in accordance with the following approved plans: P1000, P1001 Rev A

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).

04 The proposed side dormer window of the development hereby approved shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal finished floor level prior to the first use or occupation of the development hereby permitted and retained as such thereafter. 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 on the Pilkington scale.

Reason: To ensure the development has an acceptable design and protects the amenities of neighbouring occupiers in accordance with Policy DM1 of the Development Management Document (2015).

05 The roof of the proposed development hereby approved (apart from the first floor balcony area hereby approved) shall not be used as a balcony, roof garden or terrace or for any other purpose at any time without express planning permission being granted by the Local Planning Authority. The roof can however be used for the purposes of maintenance or to escape in the event of an emergency.

Reason: To ensure the development has an acceptable design and protects the amenities of neighbouring occupiers in accordance with Policy DM1 of the Development Management Document (2015).

Informatives

1. You are advised that as the development 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 the Levy.  ...  view the full minutes text for item 843.

Proposal: Fell and grind out stump (T2) - Sycamore (Acer pseudoplatanus), remove major deadwood to Trees (T5) and (T6) - Scots Pine (Pinus sylvestris) and remove major deadwood (T7) - Corsican Pine (Pinus nigra) (Application for works to Trees subject to a Tree Preservation Order)

Applicant: E Leonard

Agent: Mr Simon Govier of Montrose Trees Ltd

Resolved:-

That PLANNING PERMISSION be REFUSED for the following reason:

01 The Sycamore Tree (T2) positively benefits the character and appearance of the local area and has significant amenity value. The proposed works would be detrimental to the amenity value of the tree, resulting in its total loss, and would be harmful to the character of the streetscene and area more widely including the character and appearance of Leigh Conservation Area. The justification for the works submitted with the application would not outweigh the significant loss of amenity value. The proposal is therefore unacceptable and contrary to Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM5 of the Development Management Document (2015), and advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and Leigh Conservation Area Appraisal (2022).

Informative:

1. The removal of deadwood is exempt from the need to obtain express consent from the Local Planning Authority.

Breach of Planning Control: Erection of a dormer to the rear

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal from the site the rear dormer in its entirety; OR

(ii) the modification of the dormer so that it its position, form, size and external finishes fully complies with all relevant provisions and conditions of permitted development set out within Part 1 Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015;

AND

(iii) the removal from site all materials resulting from compliance with (i) OR (ii) 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 six (6) months is considered reasonable for the removal of the unauthorised dormer or alternatively its amendment so that it then either fully complies with Permitted Development provisions or with any necessary planning permission which needs to be obtained, together with removal of all materials resulting in compliance with any of those requirements.

The Committee thanked the Chair for the able way in which he had conducted the meetings of the Committee over the Municipal Year.