Apologies for absence were received from Councillors Evans (no substitute), Folkard (substitute: Councillor Campbell) and Walker (no substitute).

The following interests were declared at the meeting:

(i) Councillor Buckley – Minute No. 86 (Application Ref. No. 22/01827/FULM - 1285 London Road, Leigh-on-Sea) – Husband is a Member of Leigh Town Council;

(ii) Councillor A Jones – Minute No. 85 (Application Ref. No. 23/00264/OUTM - 7 Tylers Avenue, Southend-on-Sea) – Public Transport was mentioned in the debate and a family member works in the Council’s Transport Team; and

(iii) Councillor Mulroney – Minute No. 86 (Application Ref. No. 22/01827/FULM - 1285 London Road, Leigh-on-Sea) – Non planning member of Leigh Town Council.

Resolved:-

That the Minutes of the meeting held on Wednesday, 13^th December 2023 be 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: Install 6no. prefabricated mobility scooter stores within rear garden

Applicant: Mr Kevin Auger

Agent: Miss Elizabeth Williams of Calfordseaden LLP

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 approved shall be carried out in accordance with the approved plans and details: Location plan, PSM-3_LHH_SW TGV+FB_EU (FB ROOF) Unit Dimensions; PSM-3_LHH_SW TGV+FB_EU (FB ROOF) Foundation Pads; PSM-3_LHH_SW TGV+FB_EU (FB ROOF) Foundation Slab, C 18-01 Revision A, C 18-02 Revision A.

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

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, the development hereby permitted shall be finished externally in a green colour which blends in with the surrounding amenity space, or in an alternative blending colour details of which have previously been submitted to and approved in writing by the Local Planning Authority under the scope of this planning 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) and the advice contained within the National Design Guide (2021) and 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 within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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:

1. 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.

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.

Proposal: Erect 14 storey building comprising of 58 self-contained flats (Class C3) and commercial units at ground floor level (Class E) with ancillary bike and bin store on vacant land (Outline Application)

Applicant: M r Kotecha

Agent: Mr Steven Kearney of SKArchitects

Resolved:-

That planning permission be REFUSED for the following reason:

The proposed development would, by reason of its scale, form, detailed design and subsequent visibility from longer public vistas, create an excessively scaled, visually dominant and incongruous feature, out of keeping with and significantly harmful to the character and appearance of the application site, the streetscene and wider surrounding area which is typically of much lower scale. The harm of granting permission would significantly and demonstrably outweigh the public benefits when considered against the policies of the National Planning Policy Framework taken as a whole. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM4 of the Development Management Document (2015), Policies DS2, DS3, PA1 and PA7 of the Southend Central Area Action Plan (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the National Design Guide (2021)."

Informative

The applicant is advised that in relation to the agreed planning obligations, in the event an appeal is lodged, the Local Planning Authority would expect a S106 legal agreement is finalised before an appeal decision is formally issued and significant progress should have been made before the appeal statement submission stage. In any other event the Local Planning Authority would request the Planning Inspector to dismiss the appeal additionally on the grounds that the development will not secure the necessary contributions for secondary education, tree replanting and removal, biodiversity mitigation or Travel Information Packs and a viability review mechanism for a late stage affordable housing viability review and that, as such, the proposal would be unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 of the Development Management Document (2015).

Proposal: Demolish existing buildings, erect part three/part four storey building and form 17no. self-contained flats and 1no. commercial unit, layout parking and associated landscaping

Applicant: Carlton Group Developments

Agent: Mr John Ferguson of Collective Planning

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 £19,780.30

•  RAMS contribution – 17 x £156.76 = £2,664.92

•  Provision of Travel Information Packs to all residents.

•  Travel Plan Monitoring fee up to £2,500 (£500 x 5 years)

•  Affordable Housing Financial Contribution= £131,955

•  Monitoring fee of up to £10,000.

(b) That the Executive Director for Environment and Place, Director of Planning and Economy 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 approved shall be carried out in accordance with the approved plans: 1222-CYA-AA-XX-DR-A-00001A; 1222-CYA-AA-ZZ-DR-A-00002A; 1222-CYA-AA-00-DR-A-00009H; 1222-CYA-AA-00-DR-A-00010M; 1222-CYA-AA-01-DR-A-00011I; 1222-CYA-AA-02-DR-A-00012I; 1222-CYA-AA-02-DR-A-00013H;    1222-CYA-AA-02-DR-A-00014H; 1222-CYA-AA-ZZ-DR-A-00015F;  1222-CYA-AA-ZZ-DR-A-00016D; 1222-CYA-AA-ZZ-DR-A-00017I;   1222-CYA-AA-ZZ-DR-A-00018G; 1222-CYA-AA-ZZ-DR-A-00019D; 1222-CYA-AA-ZZ-DR-A-00020D; 1222-CYA-AA-XX-DR-A-00025C;  1222-CYA-AA-XX-DR-A-00026C; 1222-CYA-AA-ZZ-DR-A-00027C;   1222-CYA-AA-ZZ-DR-A-00028C; 1222-CYA-AA-ZZ-DR-A-00029A; 1222-CYA-AA-XX-DR-A-00030I; 1222-CYA-AA-XX-DR-A-00031E;   1222-CYA-AA-XX-DR-A-00032 E.  

Reason: To ensure 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 but not limited to  the exterior walls and associated brick and cladding details; roof, including coping; windows and doors including entrance curtain walling; bi-fold shutters for dwellings; commercial shutters, signage details; waste and recycling store doors; shopfronts including awnings and facias, privacy screening measures and balcony specifications 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 (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 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, no construction works other than demolition and construction up to ground floor slab level shall take place 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  ...  view the full minutes text for item 86.

Proposal: Change of use from hotel (Class C1) to 15 bed HMO (Class Sui Generis), install rooflight, infill window, layout bin store to front and bike store to rear

Applicant: Mr Ben Adler of Green Eagle Estates Ltd

Agent: Mr Dwight Breley of Breley Design Ltd

Resolved:-

That planning permission be REFUSED for the following reason:

The application does not demonstrate that the established use as a hotel is not feasible or viable. The site is located within a key area for visitor accommodation and on this basis the proposal is found to be harmful to the provision of visitor accommodation within the city, and the harm is not outweighed by any public benefits of the development. This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP1, KP2, CP4 and CP8 of the Southend-on-Sea Core Strategy (2007) and Policy DM12 of the Southend-on-Sea Development Management Document (2015).

Proposal: Change of use from dwellinghouse (Class C3) to short term let rental unit (Sui Generis) (retrospective)

Applicant: Mr And Mrs Grice

Agent: Mr Kunal Desai of KVD Plans Ltd

Resolved:-

That planning permission be REFUSED for the following reason:

The development would result in the loss of a dwelling to the detriment of the quantity and quality of the City’s housing stock against the background of an un-met strategic housing need. The application is therefore found to be unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2, CP4 and CP8 of the Southend-on-Sea Core Strategy (2007)

Proposal: Erect two storey detached dwellinghouse on land adjacent 29 Parkanaur Avenue with garage to side and vehicular access onto Parkanaur Avenue (amended proposal)

Applicant: Peter Emptage

Agent: Peter Emptage of EAV2 Architects

Resolved:-

That planning permission be REFUSED for the following reason:

The proposed development would, by reason of its size, scale and proximity to the southern site boundary have an unduly dominant impact on the setting of No 17 Parkanaur Avenue to the significant detriment of its occupiers’ amenities. The harm of granting permission would significantly and demonstrably outweigh the public benefits when considered against the policies of the National Planning Policy Framework taken as a whole. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2023), 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: Erect first floor side extension

Applicant: Mr Daniel Carey

Agent: Mr Alan Green of A9 Architecture

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: Location plan, Proposed 3D Views, 02 (Rev A), 03 (Rev A), 04 (Rev A), 05 (Rev A), 06 (Rev A), 07 (Rev A), 08 (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 be rendered to match the render  used on the external surfaces of the original dwelling element 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).

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:

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.

Proposal: Erect part single/part two storey rear extension and two storey front extension with new porch, convert integral garage into habitable accommodation and alter elevations

Applicant: Mr I Jennings

Agent: Ms R Warren of SKArchitects

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: P01; P02; P03 Rev E

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 first-floor window in the southern side elevation 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 shall be 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 rear roofs of the development 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. The roofs 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).

Positive and Proactive Statement:

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as  ...  view the full minutes text for item 91.

Breach of Planning Control: Erection of garage and covered walkway

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) the removal from the site in their entirety the southern side garage and covered walkway.

AND

(b) the removal from site 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 three (3) 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: Extensions and balcony not completed in full accordance with approved plans

Resolved:-

That the closure of the case be AUTHORISED.