Apologies for absence were received from Councillors Mulroney (substitute: Cllr Collins) and Woodley.

The following declarations of interest were made:

(a) Councillor Beggs – Minute No. 17 (Application Ref 23/00543/FUL – 24 Cobham Road) – Is an independent member of the Southend Foster Panel.

(b) Councillor Berry – Minute No. 16 (Application Ref. No. 23/00030/FULM – Cantel Medical Ltd, Campfield Road, Shoeburyness), Minute No. 22 (Application Ref No. 23/00058/FUL – 35 Lancaster Gardens) – Has received correspondence / representations from residents.

(c) Councillor Borton - Minute No. 16 (Application Ref. No. 23/00030/FULM – Cantel Medical Ltd, Campfield Road, Shoeburyness), Minute No. 20 (Application Reference No. 22/01881/FUL – Land adj 5 Smallholdings) and Minute No. 22 (Application Ref No. 23/00058/FUL – 35 Lancaster Gardens) – Has received correspondence / representations from residents.

(d) Councillor Dear – Minute No.18 (Application Reference No. 23/00492 and 23/00026/UNAU_B – Garages at rear 33-45 Eastwood Old Road) – has spoken with and advised the objector on this application.

(e) Councillor Dent – Minute No. 16 (Application Reference No. 23/00030/FULM – Cantel Medical Ltd, Campfield Road) and Minute 22 (Application Reference No. 23/00058/FUL – 35 Lancaster Gardens) – Has liaised with residents regarding these applications.

(f) Councillor Folkard – Minute No.17 (Application Ref No. 23/00543/FUL – 24 Cobham Road) – Presented objections on behalf of residents and took no part in the debate or the vote (withdrew).

(g) Councillor Anne Jones – Minute No.22 (Application Reference No. 23/00058/FUL – 35 Lancaster Gardens) – Lives near the application and lives in the same residents parking zone.

(h) Councillor Longstaff – Minute No.16 (Application Reference No. Cantel Medical Ltd, Campfield Road) – Perception of bias in terms of potential pre-determination of the application (withdrew).

(k) Councillor Sadza – Minute No.22 (Application Reference No. 23/00058/FUL – 35 Lancaster Gardens) – Lives in neighbouring road and parks in Lancaster Gardens, member of Acorn Tenants Union and has received correspondence/representations from residents.

Resolved:

That the Minutes of the Meeting held on Wednesday, 31 May 2023, be confirmed as a correct record.

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 elsewhere on the agenda since the publication of the reports.

Ms A Hilton, a local resident, spoke as an objector to the application.  Mr S Caslin responded on behalf of the applicant.

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:

(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 D-001 (Existing Location Plan), D-330 (Site Section AA & BB), D-331 (Site Sections CC & DD), D-100 Rev M (Proposed Site Layout), D-332 (Site Sections EE,FF &GG), D-201 Rev C (House Type NA-21), D-202 Rev C (House Type NA-21), D-203 Rev C (House Type NA-21), D-204 Rev C (House Type NA-32), D-205 Rev C (house Type NA-32), D-206 Rev C (House Type NT-31), D-207 Rev C (House Type NT-31(X)), D-208 Rev C (House Type NA-42), D-209 Rev D (House Type NA-42), D-210 Rev C (House Type NT-41), D-211 Rev C (House Type NB-41), D-212 Rev C (House Type NA-44), D-213 Rev C (House Type D1624), D-214 Rev B (House Type NA-42 & NA20), D215 Rev A (House Type NT-31), D-220 Rev J (Apartment Block A Ground and First Floor Plans), D-221 Rev  H (Apartment Block A 2^nd Floor and Roof Plan), D-222 Rev H (Apartment Block A Elevations), D-310 Rev C (Streetscenes 1-3), D-311 Rev B (Streetscenes 4-5), D400 Rev B (Proposed Single Garages), D401 Rev B (Proposed Double Garages)

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

    Materials and Design Details

03 Notwithstanding the details shown on the plans and the materials schedule submitted and otherwise  ...  view the full minutes text for item 16.

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 solely in accordance with the approved plan: 410 Rev P3.

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

03 The development hereby approved, for purposes falling within Use Class C2, shall only be occupied as a children’s and young persons’ residential care home for up to 6 residents who shall be between the ages of 5 to 18 with residents falling under the responsibility of Southend-On-Sea City Council given prioritisation in the allocation process.For every vacancy that arises at the property hereby approved, Southend-on-Sea City Council shall be given first refusal on placing a child at the premises, with notice of the vacancy being given to the Council in writing and the Council having a period of not less than 21 calendar days to confirm if they wish to place a child at the property.The property shall not be used for any other purpose, including any other purpose within Use Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) or any act or order amending or re-enacting that Order or any changes permitted under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any act or order amending or re-enacting that Order.

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 within the Use Class specified so that occupation of the premises does not prejudice amenity, and to avoid an overprovision or otherwise unsustainable provision of residential care uses, in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP6 of the Core Strategy (2007), and Policy DM9 of the Development Management Document (2015).

04 Notwithstanding the details shown on the plans otherwise hereby approved, prior to first use of the development, full details (including elevations) shall be submitted to, and approved in writing, by the Local Planning Authority, identifying the provision of refuse and recycling storage and covered and secure cycle parking for the approved development at the site. The approved refuse and recycling stores and covered and secure cycle stores shall be provided in full and made available for use by the occupants of the development prior to the first occupation of the development hereby approved and be retained as such in perpetuity.

Reason: In the interests of the visual amenity of the area, accessibility, neighbour and occupier amenities further to the National Planning Policy Framework (2021), Policies KP2, CP3 and CP4 of the Core Strategy (2007), and Policies DM1, DM3, DM8 and DM15 of the Development Management Document (2015)

05 The  ...  view the full minutes text for item 17.

Resolved:

a) That the Director for Growth and Planning or the Development Control Service Manager be delegated responsibility to grant planning permission, subject to the conditions set out in the main report provided any additional representations received up to the end of 6 July 2023 do not raise any new considerations which have not been addressed within the report.

Should further representations be received up to that date which raise new considerations not already addressed within this report the application is to be brought back to Development Control Committee for determination.

01 The development shall be retained/ undertaken only in accordance with the following approved plans: EOR/G/100 Rev 01; EOR/G/200 Rev 01; EOR/G/300 Rev 01; EOR/G/301 Rev 01.

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 elevations of the development hereby permitted shall be constructed solely with the materials as detailed in the submitted application form and plan no. EOR/G/300 Rev 01 or alternative materials, details of which have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition.

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 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 including those who live either side of the garage court access road 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.

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.

2 You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council will 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 city.

Positive and Proactive Statement

The Local Planning Authority has acted positively and  ...  view the full minutes text for item 18.

Ms Anna Keddie spoke as an objector on this application.

Resolved:

That the planning application be deferred for a site visit.

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: 3002A_50revC; 3002A_51 revC; 3002A_52revC; 3002A_100revC; 3002A_200revC; 3002A_201revD; 3002A_202revC; 3002A_203rev C; 3002A_204rev C; 3002A_E100

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 and the privacy screens 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 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 of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include, but not limited to:

i. means of enclosure, of the site including any gates or boundary fencing;

ii. pedestrian access and circulation areas;

iii. hard surfacing materials;

iv. details of the number, size and location of the shrubs and plants to planted together with a planting specification

Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed with the Local Planning Authority.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping and tree protections measures are implemented pursuant to Policy DM1 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

05 Notwithstanding the information submitted with this application, prior to the first occupation of the development hereby approved, full details (including elevations) shall be submitted to and approved in writing by the Local Planning Authority  ...  view the full minutes text for item 20.

Resolved:

That the planning application be refused on the grounds that:

The proposed development would result in the loss of best and most versatile agricultural land, prevent the use of the site for its designated purpose as future public open space and have a significantly harmful impact on the functionality of the site as a green buffer to the south side of Eastwoodbury Lane. The limited provision of additional housing the scheme provides is not considered to outweigh the identified harm caused by the development, which is unacceptable and contrary to the National Planning Policy Framework (2021), Southend Core Strategy (2007) policies CP4 and CP5 and policy ENV3 of the London Southend Airport Joint Area Action Plan (JAAP) (2014).

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.

Resolved:

That planning permission be refused on the grounds that:

The applicant has failed to demonstrate that adequate cycling, refuse and recycling storage facilities can be accommodated at the site in a manner which is appropriate and usable by occupiers of the property, to the detriment of their amenities. As such the proposed use of the property as a 9 person HMO represents an overdevelopment of the site. This is unacceptable and contrary to Policies KP2, CP3 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM15 of Development Management Document (2015.

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.