Apologies for absence were received from Councillor Dear (Substitute: Councillor Campbell) and Councillors Berry (no substitute) and Walker (no substitute).

The following interest was declared at the meeting:

(i) Councillor Harland – Minute No. 68: Application Ref No. 23/00866OUTM (165 Sutton Road, Southend on Sea) – Mother-in-law is a resident of Maldon Road.

Resolved:-

That the Minutes of the meeting held on Wednesday 18^th October 2023 be confirmed as a correct record and signed.

Resolved:-

That the Minutes of the Meeting held on Wednesday 1^st November 2023 be confirmed as a correct record and signed.

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: Erect four storey building comprising of 22 self-contained flats with parking to lower ground level (outline application)

Applicant: Irving Brown Limited

Agent: Mr Sam Lees of Reeve Brown

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:

(i.) Secondary education contribution of £31,083.33

(ii.) RAMS contribution – 22No x £156.76 = £3448.72

(iii.) Travel plan and travel plan monitoring fee up to £5,000, and Provision of Travel Information Packs to all residents.

(iv.) 5 affordable units (Policy compliant 20%)

(v.) Monitoring fee of up to £10,000.

(b) That the Executive Director (Environment and Place), Director of Growth and Planning or Service Manager - Development Control be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the Section 106 agreement referred to in (a) above and subject to the conditions set out below:

General Conditions

01 Details of the appearance, means of access, landscaping, layout and scale (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved under the reserved matters. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 3 (three) years from the date of this permission. The development hereby permitted shall begin no later than 2 (two) years from the date of approval of the last of the reserved matters to be approved.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and because the application is for outline planning permission only and the particulars submitted are insufficient for consideration of details mentioned.

02 The development hereby approved shall be carried out in accordance with the approved plan: Location Plan.

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

Design and related conditions

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development above ground floor slab level shall take place, unless and until full details, specifications and appropriately sized samples of the materials to be used for all external surfaces of the proposed  development, including facing materials, roof detail, windows (including sections, profiles and reveals), doors, balustrading, fascias and balconies, have been submitted to and approved in writing by the Local Planning Authority, under the provisions of this condition. The development must then be carried out in full accordance with the approved details before any dwellings hereby approved are first occupied.

Reason: In the interest of the character and appearance and visual amenity of the area in accordance with the National Planning Policy Framework (2023), 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 National Design Guide (2021)  ...  view the full minutes text for item 68.

Proposal: Erect single storey front extension, single storey rear extension and first floor rear/side extension, form new external staircase and extend existing balcony to rear, relocate existing condenser units to rear

Applicant: Mrs T Patheepan

Agent: Mr Gary Fardell of More Space Architecture Ltd.

Resolved:-

That PLANNING PERMISSION be REFUSED for the following reason:

01 The proposed external staircase would by reason of its position and configuration significantly harm the amenities of neighbouring occupiers in Viscount House through overlooking and a loss of privacy. This is unacceptable and contrary to the National Planning Policy Framework (2023), 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).

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:

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.

Proposal: Erect single storey side/rear extension, first floor side/rear extension, two storey front extension and canopy to front entrance with balcony over

Applicant: Mr Craig Davies

Agent: Mr James Collinson of Design Spec 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 the 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 only in accordance with the following approved plan: Sheet 1 of 1 Rev 00 dated Sept 2023.

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 roof of the extension hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other purpose unless express planning permission has previously been obtained. The roof can however be used for the purposes of maintenance or to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2023), 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 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 are advised that as the proposed extension(s) or change of use to your property 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 the Planning Portal (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) or the Council's website (www.southend.gov.uk/cil) for further details about CIL.

02 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  ...  view the full minutes text for item 70.

Breach of Planning Control: Earthworks and formation of retaining wall, steps, walling and hard surfaces to front gardens

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure the following:

(a) remove from the site the hardstanding, steps and boundary walls in their entirety;

AND

(b) the restoration of the land to its condition before the breach took place including by raising the ground levels, replacing the hard surface with soft landscaping, creating access steps and erecting retaining boundary walls as shown on the existing layout and site section details shown on drawing No P10 for planning application 22/02234/FUL;

AND

(c) remove from site all materials resulting from compliance with both (a) and (b) 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.

Breach of Planning Control: Erection of fences, sheds, stores and laying out of a hardstanding within the front garden

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure the following:

(a) remove from the site:

(i) The central fencing which runs from the public highway to the nursery front entrance (annotated as Fencing A in Figure 1 illustrated in the submitted report).

(ii) The central fencing which starts some 5.4m from the public highway and runs to the nursery front entrance (annotated as Fencing B in Figure 1 in the submitted report).

(iii) The fencing fronting the public highway set back some 6m from it (annotated as Fencing C in Figure 1 of the submitted report).

(iv) The fencing fronting the public highway set back some 5.4m from it (annotated as Fencing D in Figure 1 of the submitted report).

OR

(b) the reduction of the height of the fences stated in (a) above to no more than 1m.

AND

(c) remove from the site the 3no. sheds, pushchair store and bin store (annotated as such in Figure 1 of the submitted report).

AND

(d) remove from site all materials resulting from compliance with (a), (b) and (c) 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 three (3) months and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.