Apologies for absence were received from Councillor Walker (no substitute).

The following interests were declared at the meeting:

(i)  Councillor Buckley – Minute No. 44 (23/00826/AMDT – Memory House, 6-9 Marine Parde, Leigh on Sea) – Husband is a Leigh Town Councillor which is mentioned in the report; and

(ii)  Councillor Mulroney – Minute No. 44 (23/00826/AMDT – Memory House, 6-9 Marine Parde, Leigh on Sea) and 45 (Application Ref. no. 23/01191/FUL – 995-1003 London Road, Leigh on Sea) – Non-planning Member of Leigh Town Council.

Resolved:-

That the Minutes of the meeting held on Wednesday, 2^nd August 2023 be received, confirmed as a correct record and signed.

Resolved:-

That the Minutes of the meeting held on Wednesday, 30^th August 2023 be received, confirmed as a correct record and signed.

The supplementary report by the Executive Director (Environment and Place) 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 (Environment & Place), that provided additional information on the items referred to elsewhere on the agenda since the publication of the reports.

Proposal: Application to vary condition of 02 (Approved Plans) - addition of a basement and associated external staircase and small lightwells to planning permission 22/00601/FULM - demolish existing Building and erect replacement Care Home (Class C2) comprising of 50 Bed Care Units with private amenity space, landscaped frontage, refuse and cycle Stores to rear, and lay out parking at rear (Amended Proposal) dated 14/10/2022

Applicant: Mr Tom Sanders

Agent: Mr Stewart Rowe of The Planning and Design Bureau Ltd.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall be carried out in accordance with the following approved plans: 001 Rev H; 2473-19-PB-19 Issue 1; 36313_T Rev 0; WD05 Rev D; WD05S; PA01 Rev B; PA01S; PA02 Rev A; PA03 Rev A; PA04A; PA05A; PA04 Rev A; PA05 Rev A; PA06; PA07 Rev A; PA08; PA09; PA15B; 205390/AT/A01 Rev D; 9628-D-AIA Rev A.

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

02 The development hereby approved shall be constructed in accordance with the materials details of which were approved under the approval of details application reference 23/0973/AD, or any other alternative details which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition before the development is first occupied.

Reason: To safeguard the character and appearance of the surrounding area in accordance with policy DM1 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

03 Prior to first occupation of the development hereby approved, soft landscaping including planting and maintenance arrangements shall be carried out on site and incorporated in the development hereby approved in full accordance with the details which were approved under the approval of details application reference 23/0973/AD, or any other alternative details which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

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 in writing with the Local Planning Authority.

Reason: To safeguard the character and appearance of the surrounding area in accordance with the National Planning Policy Framework (2021), Policies DM1 and DM3 of the Development Management Document (2015), Policies KP2 and CP4 of the Core Strategy (2007) and the advice contained in the Southend-on-Sea Design and Townscape Guide (2009).

04 The development hereby approved shall be provided in full accordance with the landscape management details which were approved under the approval of details application reference 23/0973/AD, or any other alternative details which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition before the development is first occupied. The landscaping of the site shall be managed in accordance with the approved plan in perpetuity.

Reason: To safeguard the character  ...  view the full minutes text for item 44.

Proposal: Erect two storey rear extension and erect upward extension to form additional second floor to main building with roof terrace to provide four additional self-contained flats with associated parking, bin and cycle storage and alterations to elevations (Amended Proposal)

Applicant: Mr Schofield

Agent: Mr Karl Smith of SKArchitects

Mr. Mylroie, a local resident, spoke as an objector to the application.  Mr Smith, the applicant’s agent responded.

Resolved:-

That planning permission be REFUSED for the following reasons:

01 The proposed development, by reason of its proposed occupancy and failure to provide any private amenity space for two of the proposed units would result in substandard living conditions for future occupiers and a generally cramped overdevelopment of the site. This harm is unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 of Development Management Document (2015) as amended by the Technical Housing Standards - Policy Transition Statement (2015).

02 The proposed development would, by reason of the scale, siting and degree of elevation of the new third storey relative to No.10 Grasmead Avenue, result in significant harm to the residential amenity of the neighbouring occupiers by way of an overbearing impact on the setting and reasonable enjoyment of their rear garden environment. This is unacceptable and contrary to the National Planning Policy Framework (2021), Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Breach of Planning Control: Erection of a framed structure

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) the removal from the site of the framed structure in its entirety;

AND

(b) the removal from site of all materials resulting from compliance with (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 three (3) months is considered reasonable in compliance with any of the above requirements.

Breach of Planning Control: Unauthorised roller shutters and box housings

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) the removal from the site of the two shutters and associated shutter box housings from the frontage of the building, and

(b) the removal from site of all materials resulting from compliance with (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 three (3) months is considered reasonable for the removal of the two shutters and associated shutter box housings.

Breach of Planning Control: UPVC Windows installed in the Milton Conservation Area

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) the removal from the site of the front and side UPVC windows and door in their entirety, and

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

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Act with time for compliance six (6) months and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.