Agenda and draft minutes

Venue: Committee Room 1 - Civic Suite. View directions

Contact: Tim Row - Principal Democratic Services Officer 

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Items
No. Item

94.

Apologies for Absence

Additional documents:

Minutes:

Apologies for absence were received from Councillor Beggs (substitute: Councillor Campbell), Councillor Buckley (no substitute) and Councillor Dent (substitute: Councillor Line).

95.

Declarations of Interest

Additional documents:

Minutes:

The following interests were declared at the meeting:

 

       i.         Councillor Mulroney – Minute Numbers 98,99,101, 104 – Non planning member of Leigh Town Council and Minute Number 104 (Application Ref. No. 23/01974/FULH - 27 Hadleigh Road, Leigh-on-Sea) – properties were originally built by Grandfather but no interest in them.

 

     ii.         Councillor Ward – Minutes Number 98 (Application Ref. No. 23/02012/FUL - 10 Broadway, Leigh-on-Sea) – ex-owner of a Bed and Breakfast Business.

96.

Minutes of the meeting held on Wednesday, 31st January 2024 pdf icon PDF 132 KB

Additional documents:

Minutes:

Resolved:-

 

That the Minutes of the Meeting held on Wednesday, 31st January 2024 be confirmed as a correct record and signed.

97.

Supplementary Report

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.

Additional documents:

Minutes:

The meeting was adjourned for 10 minutes to enable the supplementary pack to be printed and circulated to the Committee.


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.

98.

23/02012/FUL - 10 Broadway, Leigh-on-Sea (Leigh Ward) pdf icon PDF 547 KB

Additional documents:

Minutes:

Proposal: Erect single storey rear extension, change of use from bank (Class E) to café (Class E) at ground floor front and service accommodation (Sui Generis) at ground floor rear and above with associated cycle parking and refuse stores and reconfigure steps to east elevation.

Applicant: Mr M Hassan of Fish to Go Ltd

Agent: Mr Colin Stone of Stone Me Ltd

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01 The proposed serviced accommodation, by reason of its location, the prevailing busy highway circumstances close to this site including the delivery circumstances of other commercial uses especially those opposite the site at Nos 21-23 Broadway (Tesco) and No 25 Broadway (Factory Shop) coupled with the absence of any off street parking and/ or on site drop off facilities at the application site would adversely impact on the parking, highway safety and traffic network conditions in this area which would be unacceptable and contrary to the National Planning Policy Framework (2023), Policies CP3 and CP4 of the Core Strategy (2007) and Polices DM1 and DM15 of the Development Management Document (2015).

 

 

              

99.

24/00046/FULH - 37 Medway Crescent, Leigh-on-Sea (West Leigh Ward) pdf icon PDF 333 KB

Additional documents:

Minutes:

Proposal: Erect single storey front/side extension and rear extension with new raised terrace to rear

Applicant: Mr and Mrs Christou

Agent: Knight Gratrix 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: 012 (Rev A), 014 (Rev 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).

 

03 Before the development hereby approved is occupied all new work to the outside of the extensions must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings hereby approved or are required by conditions to 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 Prior to the first use of the raised terrace area hereby approved, the proposed 1.8m high obscure glazed privacy screen shall be installed in accordance with details shown on the approved plans or in accordance with alternative details that shall previously have been submitted to and agreed in writing by the Local Planning Authority under the terms of this planning condition . The privacy screen shall be shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy) and shall be implemented in accordance with the approved details before first use of the terrace and maintained as such for the lifetime of the development.

 

Reason: To protect residential amenity in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and the advice contained in 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 66 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  ...  view the full minutes text for item 99.

100.

23/00644/FUL - 25 Towerfield Road, Shoeburyness (West Shoebury Ward) pdf icon PDF 630 KB

Additional documents:

Minutes:

Proposal: Change of use from commercial/light industrial use to a scrap metal recycling business (sui generis), erect two storey temporary office, single storey storage building, weighbridge with office and 3m screening (retrospective)

Applicant: Mr Shaun Rowley

Agent: Mr Glen Eldridge

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby approved shall be retained and operated in accordance with the approved plans: GE2325/P01 Revision B, GE2325/P02.

 

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

 

02 The development hereby approved shall only operate during the following hours:

8am to 5pm Monday to Friday and 8am to 1pm on Saturday and not at all on

Sundays and Bank and Public Holidays.

 

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2023), Core Strategy

(2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development

Management Document (2015).

 

03 The use of the site subject of this permission shall cease, with the exception of

facilitating testing for a noise impact assessment, until such time that the mitigation measures, as detailed in the report ‘Acoustic Assessment of Waste Metal Processing Centre' by ACA Acoustics dated 3rd October (The Report) have been fully implemented at the site and the results of a post completion noise survey undertaken by a suitably qualified acoustic consultant have been submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in The Report. Noise measurements for the assessment must be undertaken at the boundary of nearest noise sensitive dwelling in Jena Close. If the mitigation measures tested in the post-completion report prove to be insufficient, the use shall cease to operate until such time as additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), have been submitted to and approved in writing by the Local Planning Authority and installed and tested prior to operation. The final noise mitigation measures must be retained and maintained thereafter for the lifetime of the development.

 

Reason: In the interests of resident amenities further to the National Planning

Policy Framework (2023), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policies DM1 and DM3 of the Southend-on-Sea Development

Management Document (2015).

 

04 The rating level of noise for all activities hereby approved at the site (including all

process operations) shall be limited to 10dB(A) below the background noise level measured and expressed as a LA90,15minutes from the boundary of the nearest residential property.

 

Reason: In the interests of residential amenities further to the National Planning

Policy Framework (2023), Policies KP2 and CP4 of the Southend-on-Sea Core

Strategy (2007), and Policies DM1 and DM3 of the Southend-on-Sea Development

Management Document (2015).

 

05 No processing of metal shall take place and no equipment that involves the use of cutting, grinding or crushing metal shall be used on site at any  ...  view the full minutes text for item 100.

101.

23/01639/FUL - Elmtree Lodge, 66 Cranleigh Drive, Leigh-on-Sea (Leigh Ward) pdf icon PDF 519 KB

Additional documents:

Minutes:

Proposal: Erect additional floor to roof of existing building to provide 3 self-contained sheltered flats, with south facing communal garden at roof level and additional mobility scooter storage at ground floor level

Applicant: Mr Steve Pullan

Agent:  Mr Alex Davison of Brian Davison Associates

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01 The proposed development would, by reason of its size, 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 street scene and wider surrounding area which is typically of 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 and is considered to be an indication of over-development of the site. 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 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the National Design Guide (2021).

 

102.

23/01966/FUL - 51 Old Southend Road, Southend-on-Sea (Kursaal Ward) pdf icon PDF 498 KB

Additional documents:

Minutes:

Proposal: Change of use from 6 person HMO (Class C4) to 7 person, 7 bedroom HMO (Sui-Generis), install dormer to rear and provide bin and cycle storage (Amended Proposal)

Applicant: Mr Mitch Nunn of Nunn Group Ltd

Agent: Mr Jonathan McDermott of Town Planning Experts

 

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. 165

 

02 The development shall only be undertaken in accordance with the following approved plans: 865-101 Rev 01; 865-102 Rev 00; 865-103 Rev 00; 865-201 Rev 01; 865-202 Rev 01; 865-203 Rev 03.

 

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 Notwithstanding the details shown on the approved plans, no part of the development hereby approved shall be occupied unless and until full details of secure and covered refuse and recycling facilities have been submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. The refuse and recycling facilities shall be implemented and made available for use in accordance with the approved details before first occupation of any of the development and shall be permanently maintained thereafter.

 

Reason: To ensure that satisfactory refuse and recycling facilities are provided at the site in the interest of sustainability and amenity in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, Policies DM1 and DM8 of the Development Management Document (2015) and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

05 The development hereby approved shall incorporate water efficient design measures set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to 105 litres per person per day (lpd) (110 lpd when including external water consumption), including measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting before it is occupied.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2023), Policy KP2 of the Southend-on-Sea Core Strategy (2007), Policy DM2 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

06 Prior to the first use of the building for the purposes  ...  view the full minutes text for item 102.

103.

23/01664/FUL - Land North of Roach Vale, Eastwood, Leigh-on-Sea (Eastwood Park Ward) pdf icon PDF 590 KB

Additional documents:

Minutes:

Proposal: Erect stable block comprising of 3no. stables and tack room with associated north facing LED lighting, hardstanding pen and turn out paddock, part of a menage (part in Rochford Council Boundary), erect barn and timber clad plant container to east side of stables, erect chicken coop, layout drive and parking and install 8000 litre below ground level water storage tank. (Part Retrospective) (Amended Proposal)

Applicant: Mr Paul Whitehair

Agent: Mr Robert Gandy of Enzygo

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development shall only be undertaken in accordance with the following approved plans: CRM.123.005.PL.D.001 Rev B, CRM.123.005.PL.D.002 Rev B, CRM.123.005.PL.D.003 Rev B, CRM.123.005.PL.D.004 Rev B.

 

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 materials for the external surfaces of the development hereby approved shall be as set out on plan reference CRM.123.005.PL.D.004 Rev B.

 

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 206 Development Control Report Page 19 of 22 within the Southend-on-Sea Design and Townscape Guide (2009) and National Design Guide (2021).

 

03 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that Order with or without modification, the buildings hereby approved shall not be converted to any other use including residential and commercial use as specified within Schedule 2, Part 3, Class Q (Agricultural Buildings to Dwellinghouses) and Class R (Agricultural Buildings to a Flexible Commercial Use) of the Town and Country Planning (General Permitted Development) Order 2015 without the receipt of express planning permission from the Local Planning Authority.

 

Reason: To enable the Local Planning Authority to regulate and control development in the interest of the openness and character of the Green Belt and the amenity of neighbouring properties and to safeguard the character of the area in accordance 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 Southend-on-Sea Design and Townscape Guide (2009).

 

04 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any revocation, amendment -or re-enactment of that order, there shall be no public events held at, nor any commercial events, activities or uses undertaken at the site without express planning permission having been granted for any such uses or events.

 

Reason: To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties in accordance 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 Southend-on-Sea Design and Townscape Guide (2009).

 

05  ...  view the full minutes text for item 103.

104.

23/01974/FULH - 27 Hadleigh Road, Leigh-on-Sea (Leigh Ward) pdf icon PDF 488 KB

Additional documents:

Minutes:

Proposal: Replace existing door to rear and reinstate wall, form new opening at ground floor in north elevation, replace roof and install 2no. rooflights to roof of rear extension (part retrospective).

Applicant: Mr Tom Brown

Agent: Mr Steven Kearney of SKArchitects

 

Resolved:-

 

That the Director of Planning and Economy and/or the Development Control Service Manager be DELEGATED to GRANT PLANNING PERMISSION subject to the conditions set out below, provided that any additional representations received up to the end of 28 February 2024 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 the report the application is to be brought back to Development Control Committee for determination.

 

01 The development hereby permitted shall be carried out in accordance with the following approved plans: 757P01, 757P02.

 

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

 

02 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 impact in the Leigh Conservation Area and complies with Policies DM1 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 Leigh Conservation Area Appraisal (2021).

 

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 proposed extension(s) or change of use to your property equates to less than 100sqm of new floorspace, and does not involve the 234 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_inf rastructure_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  ...  view the full minutes text for item 104.

105.

23/01785/TPO - The Bellhouse Public House, 321 Rayleigh Road, Eastwood, Leigh-on-Sea (Eastwood Park Ward) pdf icon PDF 230 KB

Additional documents:

Minutes:

Proposal: Fell to ground level one common ash (T4) and replace T4 with a Betula Pendula tree. Prune all trees along the exit road that are interfering with the overhead cables and to improve vehicular access to the site (mixed species group - T1, T2, T3, T5 and T6 covered by TPO 5/90 G1) (retrospective) and undertake remedial works to remove poor pruning cuts in higher crown to suitable growth or target prune to main stem/parent branch if necessary (T1, T2, T3, T5 and T6 covered by TPO 5/90 G1)) (Works to Trees subject to a Tree Preservation Order).

Applicant: D Hampshire

Agent: Mr Wayne Elwell of About Trees Ltd

 

Resolved:-

 

That CONSENT BE GRANTED for works to preserved trees, subject to the following conditions:

 

01 The works covered by this consent shall begin no later than two years from the date of this consent.

 

Reason: To enable the circumstances to be reviewed at the expiration of the period if the consent has not been implemented, in accordance with 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 in the Southend-on-Sea Design and Townscape Guide (2009).

 

02 The works to the trees covered by Tree Preservation Order 5/1990 shall be restricted as per the submitted description to the following:

 

-        T1 (Fraxinus Excelsior - Common Ash) - remove the lowest 2 branches over exit road to allow for better access (retrospective) and remedial works to remove poor pruning cuts in higher crown to suitable growth or target prune to main stem/parent branch if necessary.

-        T2 (Quercus Robur - Pendunculate Oak) - remove the lowest branch over exit road to allow for better access (retrospective) and remedial works to remove poor pruning cuts in higher crown to suitable growth or target prune to main stem/parent branch if necessary.

-        T3 (Ulmus Spp. – Elm) - remove the lowest 2 branches over exit road to allow for better access (retrospective) and remedial works to remove poor pruning cuts in higher crown to suitable growth or target prune to main stem/parent branch if necessary.

-        T4 (Fraxinus Excelsior - Common Ash) - Fell to ground level and replace with a Betula Pendula tree in northern part of the site.

-        T5 (Fraxinus Excelsior - Common Ash) – remove secondary leader over Rayleigh Road (retrospective) and remedial works to remove poor pruning cuts in higher crown to suitable growth or target prune to main stem/parent branch if necessary.

-        T6 (Fraxinus Excelsior - Common Ash) – remove deadwood and two branches over Rayleigh Road from main stem to 6-7m above ground level (retrospective) and remedial works to remove poor pruning cuts in higher crown to suitable growth or target prune to main stem/parent branch if necessary.

 

Reason: In the interests of visual amenity, to protect the setting of the Listed Building and to protect the trees and any wildlife, in accordance with the National  ...  view the full minutes text for item 105.

106.

20/00324/UNAU_B - 203 Westborough Road, Westcliff-on-Sea (Westborough Ward) pdf icon PDF 380 KB

Additional documents:

Minutes:

Breach of Planning Control: Rear extension

 

Resolved:-

 

That ENFORCEMENT ACTION be AUTHORISED to secure:

 

a)    The removal from the site the rear extension in its entirety, and

b)    The removal from site all materials resulting from compliance with a)

 

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.

107.

20/00036/UNAU_B - 296 London Road, Westcliff-on-Sea (Milton Ward) pdf icon PDF 195 KB

Additional documents:

Minutes:

Breach of Planning Control: 296-298, London Road, Westcliff-on-Sea, Essex, SS0 7JJ

 

Resolved:-

 

That ENFORCEMENT ACTION be AUTHORISED to secure:

 

a)    The removal from the site the metal ducting and extraction flue to the rear in its entirety, and

b)    The removal from site all materials resulting from compliance with a)

 

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 two (2) months and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

108.

22/00099/UNAU_B - 19 High Street, Leigh-on-Sea (Leigh Ward) pdf icon PDF 326 KB

Additional documents:

Minutes:

Breach of Planning Control: Erection of timber screen to side of terrace

 

Resolved:-

 

That ENFORCEMENT ACTION be AUTHORISED to secure:

 

a)    The removal from the site the side privacy screen in its entirety, and

b)    The removal from site all materials resulting from compliance with a)

 

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 one (1) month and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

 

 

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