Agenda and minutes

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Contact: Tim Row - Principal Democratic Services Officer 

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Items
No. Item

109.

Apologies for Absence

Additional documents:

Minutes:

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

110.

Declarations of Interest

Additional documents:

Minutes:

The following interests were declared at the meeting:

 

(i) Councillor Beggs – Application No. 23/01656/DOV - Land at Fossetts Farm, Sutton Road – Worked with the company as part of the bidding process;

 

(ii) Councillor Berry – Application No. 23/01656/DOV - Land at Fossetts Farm, Sutton Road – One of the organisers of the campaign against the use of the land for anything other than 100% social housing (Spoke on the item but did note vote);


(iii) Councillor Berry – Application No. 20/00230/UNAU_B - 245 Bournemouth Park Road, Southend-on-Sea – Given advice to the neighbour who objected to the development which led to the enforcement action;

 

(iv) Councillor Dent – Application No. 24/00011/FUL – Land at 444 - 456 Southchurch Road, Southend-on-Sea – Advised neighbours on objections to this application;

 

(v) Councillor Mulroney – Application No. 24/00111/BC4 - Leigh Library Gardens, Broadway West – Member of Leigh Conservation and Heritage Society and Leigh Town Council non-participant in planning and Chair of the FLAG at the time of the original funding;

 

(vi) Councillor Mulroney – Application No. 24/00068/FULH - 2 Ray Close, Leigh-on-Sea – Member of Leigh Town Council, non-participant in planning;

 

(vii) Councillor Sadza – Application No. 20/00230/UNAU_B - 245 Bournemouth Park Road, Southend-On-Sea – approached by the owner of the property at 245 Bournemouth Park Road, who is known to her;

 

(viii) Councillor Walker – Application No. 24/00011/FUL - Land at 444 - 456 Southchurch Road, Southend-on-Sea – Belle Vue Motorcycles services and undertakes MOT of his motorbike;

 

(ix) Councillor Walker – Application No. 24/00136/FUL - Melrose House, 95 - 99 Alexandra Road – Friend lives in Prittlewell Square;

 

(x) Councillor Ward – Application No. 24/00061/FULH - 38 Tudor Road, Eastwood – Applicant is known to him;

 

(xi) Councillor Ward – Application No. 24/00185/NTPOR - Footpath Adjacent to 7 Tylers Avenue on Chichester Road – Applicant is known to him;

 

(xii) Councillor Wexham – Application No. 24/00111/BC4 - Leigh Library Gardens, Broadway West – Was involves with the setting up of the FLAG at the time of the original funding; and

 

(xiii) Councillor Woodley – Application No. Application No. 24/00185/NTPOR - Footpath Adjacent to 7 Tylers Avenue on Chichester Road – Submitted a notice of motion to Council to introduce a no right turn from Chichester Road at this location which has been referred to Cabinet for consideration.

111.

Minutes of the Meeting held on Wednesday, 28 February 2024 pdf icon PDF 151 KB

Additional documents:

Minutes:

Resolved:-

 

That the Minutes of the meeting held on Wednesday 28th February 2024 be confirmed as a correct record and signed.

112.

Supplementary Report pdf icon PDF 943 KB

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 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.

113.

24/00220/TEL - Mast at Princes Court, Prince Avenue (St Laurence Ward) pdf icon PDF 257 KB

Additional documents:

Minutes:

Proposal: Removal of 3no existing antennas and- 2no stacked cabinets to be replaced with 6no new antennas and 1no new cabinet with associated ancillary works thereto

Applicant: Mobile Network Broadband Limited

Agent: Miss Mandy Poon of Avison Young

 

Resolved:-

 

That PRIOR APPROVAL is REQUIRED for the siting and appearance of the telecommunications mast and cabinet and that PRIOR APPROVAL is GRANTED, subject to the following conditions:

 

01  The telecommunications development hereby permitted shall be installed solely in accordance with the approved plans: 994528_SOS013_58046_SS2488_M002 (Rev B).

 

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

 

02  Plant and equipment used for the cooling of excess heat generated in the base station shall be attenuated for noise in so far as will not impact on the amenity of the nearest noise sensitive properties. Any noise should not be greater than 10 dB(A) below the background noise level measured at the boundary of the nearest noise sensitive property including for any tonal or intermittency penalties in accordance with BS 4142:2014+A1:2019.

 

Reason: In the interest of the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), and Policies DM1 and DM3 of the Development Management Document (2015).

 

Informatives

 

01  Please note that if you require a crane or piling rig to construct the proposed development, this will need to be safeguarded separately and dependant on location may be restricted in height and may also require full coordination with the Airport Authority.

 

02  The applicant is advised that they may need to complete relevant party wall agreements with the existing residents of Princes Court.

114.

23/01656/DOV - Land at Fossetts Farm, Sutton Road (St Lukes Ward) pdf icon PDF 256 KB

Additional documents:

Minutes:

Proposal: Modification of planning obligation (Section 106 agreement) dated 30th September 2022 pursuant to application 20/0337/OUTM to vary the wording of the S106 to allow a hierarchical approach to the Biodiversity Net Gain requirement (to allow the biodiversity net gain to be provided on site, within the City Area, within the wider region or by utilising the Biodiversity Credits Scheme) and to add a clause to the S106 agreement to allow the developer a right of access onto the SAM transferred land for the purpose of implementation of the planning permission and to undertake works within the SAM buffer area

Applicant: Keepmoat Homes

Agent: Kate Holland of Invicta Planning

 

Resolved:-

 

(a) That the Council enters into a Planning Obligation by Deed of Variation under Section 106 of the Town and Country Planning Act 1990 (as amended) to allow the following modifications to the Deed of Agreement dated 30th September 2022 pursuant to outline planning permission 20/00337/OUTM:

 

(i) At the time of writing this report, the definitions altered and added to Clause 1 of the Original Agreement are as follows:

 

The definition of “Biodiversity Scheme” in the S106 is updated:

 

From:

“Biodiversity Scheme – a scheme setting out actions to compensate for Biodiversity Loss by way of on-site mitigation and/or off-site offsetting within the City area.”

 

To:

“Biodiversity Scheme – a scheme setting out actions to compensate for Biodiversity Loss and to achieve at least a 10% net gain over the pre-development biodiversity value of the site by way of on-site mitigation and/or off-site offsetting within the City Area, within the wider region or utilising the Biodiversity Credits Scheme.”

 

A definition of “Biodiversity Credits Scheme” to be added as follows:

 

“Biodiversity Credits Scheme – the scheme enabling the Owner to buy statutory biodiversity credits to compensate for Biodiversity Loss in line with section 101 of the Environment Act 2021 and associated guidance from central government.

 

(ii) An additional paragraph to be added to Appendix 2, Schedule 1 of the Original Agreement, as follows:

 

“3. The Transferor will have a right of access onto the Property for the purposes of implementing the Development or to undertake works in association with the implementation of planning permission, within SAM buffer area.”

 

A map of the SAM buffer area is to be included in this respect.

 

(b) That the Executive Director for Environment and Place, the Director of Planning and Economy or the Service Manager – Development Control de DELEGATED to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 30th September 2022 pursuant to outline planning permission reference 20/00337/OUTM. The relevant officer will have delegated powers to agree further modifications to the wording, provided that they do not comprise a material departure from the principles outlined within the report.

 

(c) In the event that the Deed of Variation referred to in part (a) above has not been completed before 5th April 2024, or an extension of this time as may be agreed by the Executive Director for Environment and Place, the Director of  ...  view the full minutes text for item 114.

115.

24/00111/BC4 - Leigh Library Gardens, Broadway West (Leigh Ward) pdf icon PDF 445 KB

Additional documents:

Minutes:

Proposal: Change of use from public hall (Class F1) to mixed use public hall, office and therapy practice (Sui Generis)

Applicant: Mr Keal

Agent: Mr Steven Kearney of SKArchitects

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01 The proposed development would result in the loss of community use at the site and introduce a mixture of uses that include elements which it is considered would be inappropriate within a designated public open space. It has not been demonstrated that the proposed location of the elements of the use which would fall under Class E of the Town and Country Planning (Use Classes) Order 1987 within the designated public open space is necessary. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (2023) and Policies CP6 and CP7 of the Core Strategy (2007).

116.

24/00011/FUL - Land at 444 - 456 Southchurch Road, Southend-on-Sea (Kursaal Ward) pdf icon PDF 732 KB

Additional documents:

Minutes:

Proposal: Erect four storey building comprising commercial units on the ground floor and 8no. self-contained flats to first, second and third floors, with associated amenity space, landscaping, cycle and refuse store and car parking, form new vehicle access from Chase Road, alter elevation to shop front of existing separate two storey commercial building

Applicant: Mr Stilwell

Agent: Miss Emanuela Borri of Scene Architecture

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01 The proposal would, by reason of its size, form and detailed design, 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. The identified adverse impacts of granting permission would significantly and demonstrably outweigh the benefits of the proposal, including the provision of housing, when considered against the policies of the National Planning Framework 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 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).

117.

24/00136/FUL - Melrose House, 95 - 99 Alexandra Road (Milton Ward) pdf icon PDF 3 MB

Additional documents:

Minutes:

Proposal: Demolish link infill extension between existing buildings and convert existing 30 bed care home into 1 x block of 8 residential flats (Class C3) (east building) including a three-storey rear extension and 1 x block of serviced accommodation of 10 self-contained units (Sui Generis) (west building) including part demolition of existing rear extensions and erect part ground floor, part 2nd floor rear extension, roof terraces, balconies and Juliet balconies, extend existing vehicle crossover, reconfigure driveway and car parking spaces, reposition front boundary piers, bin stores, convert existing garden office into cycle stores, erect new boundary treatments to form private and communal gardens (Amended Proposal).

Applicant: Mr Woolley of TWL Property Developments 1 Ltd

Agent: Mr Maz Rahman of RD architecture Ltd.

 

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

 

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 following approved plans 2352-100-P3, 2352-110-P5, 2352-120-P4, 2352-130-P4, 2352-140-P3, 2352-210-P3, 2352-220-P3.

 

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

 

Materials

 

03  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 product details of the materials to be used on all the external elevations for the approved alterations and extensions within the development hereby approved, including walls, roof including ridge tiles, soffit and rainwater goods, all new windows and doors, balconies and screens, roof and roof terraces, parapet coping and brise soleil, bin and cycle store doors, entrance gates, and boundaries 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 brought into first use or first occupied.

 

Reason: To safeguard the visual amenities of the area including the character and appearance of the Clifftown Conservation Area in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009), National Design Guide (2021) and the Clifftown Conservation Area Appraisal (2021).

 

Detailing of Key Features

 

04  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above ground floor slab level shall take place unless and until full detailed design drawings and cross sections of the replacement front balustrade to No 97-99 Alexandra Road, the reinstatement of traditional windows at second floor level at Nos 95 and 99 and  all new front doors  at a scale  ...  view the full minutes text for item 117.

118.

24/00068/FULH - 2 Ray Close, Leigh-on-Sea (West Leigh Ward) pdf icon PDF 570 KB

Additional documents:

Minutes:

Proposal: Infill roof extension to create crown roof, with dormers to front, sides and rear to form habitable accommodation in the loftspace

Applicant: Ms F Attwood

Agent: Mr Paul Aldridge of P A Design

 

Resolved:-

 

That planning permission be REFUSED for the following reason:

 

01  The proposed development by reason of its size, scale and design would result in dominant and incongruous additions to the dwelling which detract from the original form and character of the building including the existing gabled roof form to the front elevation, and would be out of keeping within the streetscene, to the detriment of the character and appearance of the dwelling, the street scene, and the Chapmanslord Conservation Area. The identified harm to the Chapmanslord Conservation Area is not outweighed by any public benefits. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2023); Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice in the Southend-on-Sea and Townscape Guide (2009) and the Chapmanslord Conservation Area Appraisal (2022).

 

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

 

Informative

 

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.

119.

24/00061/FULH - 38 Tudor Road, Eastwood (Eastwood Park Ward) pdf icon PDF 411 KB

Additional documents:

Minutes:

Proposal: Erect first floor extension and new roof above, single storey rear extension, porch to front and alter elevations

Applicant: Mr Ben Nock

Agent: Mr Marc Bloxham

 

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: 851-01 Rev B; 851-02 Rev B; 851-03 Rev A; 851-04 Rev B; 851-05 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).

 

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 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).

 

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. Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and it is the responsibility of the landowner(s) to ensure they have fully complied with the requirements of these regulations. A failure to comply with the CIL regulations in full can result in a range of penalties. For full planning permissions, a CIL Liability  ...  view the full minutes text for item 119.

120.

24/00185/NTPOR - Footpath Adjacent to 7 Tylers Avenue on Chichester Road (Milton) pdf icon PDF 1 MB

Additional documents:

Minutes:

DEFERRED to enable highways and tree-related technical matters to be reviewed, following which a report addressing those matters will be brought to this Committee so that a fully informed decision can be made.  The Committee was assured  that the tree would not be removed in the interim period.

121.

22/00019/UNAU_B - 11C Palmeira Avenue, Westcliff-on-Sea (Milton Ward) pdf icon PDF 1 MB

Additional documents:

Minutes:

Breach of Planning Control: Infill of rear balcony within a conservation area

 

Resolved:-

 

That ENFORCEMENT ACTION be AUTHORISED to secure the following:

 

(a) Remove from the site the first-floor rear balcony infill extension in its entirety, and

(b) Remove 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.

122.

20/00230/UNAU_B - 245 Bournemouth Park Road, Southend-On-Sea (St Luke's Ward) pdf icon PDF 947 KB

Additional documents:

Minutes:

Breach of Planning Control: Erection of lean-to/canopy to rear

 

Resolved:

 

That the CLOSURE of the ENFORCEMENT CASE be AUTHORISED.

 

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