Agenda and minutes

Venue: Committee Room 1 - Civic Suite. View directions

Contact: Tim Row - Principal Democratic Services Officer 

Media

Items
No. Item

1.

Apologies for Absence

Additional documents:

Minutes:

Apologies for absence were received from Councillors Dent (substitute: Councillor Sam Allen), Jones (substitute: Councillor Burton), Poulton (substitute: Councillor Collins) and Buck (no substitute).

2.

Declarations of Interest

Additional documents:

Minutes:

The following interests were declared at the meeting:

 

(i) Councillor Burton - Minute No. 12 - Application Reference No. 23/00184/UNAU_B - 12 Pavilion Drive, Leigh-on-Sea (Blenheim Park Ward) – Has been quoted in the press regrding this application (withdrew);

 

(ii) Councillor Dear – Minute No. 5 - Application Reference No. 24/00271/FUL - 28 Belfairs Drive, Leigh-on-Sea (Belfairs Ward)) – Has been approached by a number of objectors regarding the amended application but has not offered any advice;

 

(iii) Councillor Mulroney – Minute No. 8 – Application Reference No. 24/00272/FUL - 22-26 Leigh Hill, Leigh-on-Sea (Leigh Ward) – Member of Leigh Town Council and Leigh Conservation and Heritage Association, non-participant in planning; and

 

(iv) Councillor Ward – Minute No. 6 – Application Reference No. 24/00499/AD - Elkington House, 9 Imperial Avenue (Chalkwell Ward) and Minute No. 12 - 23/00184/UNAU_B - 12 Pavilion Drive, Leigh-on-Sea (Blenheim Park Ward) – Applicants are known to him.

3.

Supplementary Report pdf icon PDF 2 MB

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.

4.

24/00454/BC3 - Garages Rear of 40, 42, 44 and 46 Anson Chase (Shoeburyness Ward) pdf icon PDF 330 KB

Additional documents:

Minutes:

Proposal: Erect 1no. new accessible bungalow with associated amenity space, parking and carport

Applicant: Mr Martin Berry of Southend-on-Sea City Council

Agent: Mr David Lloyd of AK Design Partnership 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 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: 5173.A.100 Rev PL1; 5173.A.101 Rev PL1.

 

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 Notwithstanding the information submitted with the application, no development above ground floor slab level shall take place unless and until full details and specifications of the materials to be used for all the external surfaces of the approved dwelling at the site including facing materials, roof detail, windows, doors, fascia and soffits and the carport have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development must then be carried out in full accordance with the approved details before the dwelling hereby approved is first occupied.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

04 A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the development under the terms of this condition. This provision shall be made for the lifetime of the development and in accordance with the agreed details.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

05 Prior to occupation of the development hereby approved 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 shall be installed in the development hereby approved and be retained in perpetuity thereafter.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

06 Hours of works associated with this consent shall be 8am - 6pm Monday to Friday, 8am - 1pm Saturday. No works shall be carried out  ...  view the full minutes text for item 4.

5.

24/00271/FUL - 28 Belfairs Drive, Leigh-on-Sea (Belfairs Ward) pdf icon PDF 2 MB

Additional documents:

Minutes:

Proposal: Demolish existing bungalow and erect a pair of semi-detached dwellinghouses, layout parking to front and amenity space to rear and install new vehicular access from Belfairs Drive (Amended Proposal)

Applicant: Bedrock Developments

Agent: Mr Tim Knight of Knight Gratrix Architects

 

Ms Flemming, a local resident, spoke as an objector to the application.

 

Resolved:- That the Executive Director (Environment & Place), 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 30th May 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 this report the application is to be brought back to Development Control Committee for determination.

 

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 solely out in accordance with the following approved plans: 010G; 020F; 021F; 022B; 023C; 024C; 025C

 

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, no development shall take place, other than for demolition works and construction up to ground floor slab level, until and unless details of the materials to be used in the construction of the external elevations of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The development shall be carried out in full accordance with the approved details before it is occupied.

 

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 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, the proposed first floor windows in the flank elevations of the dwellings 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 floor level of the room which they serve) and shall be retained as such for the lifetime of the development.

 

Reason: In the interests of neighbour amenities further to the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1  ...  view the full minutes text for item 5.

6.

24/00499/AD - Elkington House, 9 Imperial Avenue (Chalkwell Ward) pdf icon PDF 626 KB

Additional documents:

Minutes:

Proposal: Application for approval of details pursuant to condition 10 (Construction Method Statement) of planning permission 23/00451/FUL dated 31/08/2023.

Applicant: Mr D MacDonald

Agent: Mr Gary Coxall of Third Dimension Arch. Design Ltd

 

Resolved:- That the following for Condition 10 be approved:

 

10 The details of the Construction Method Statement as set out in the Construction Environment Management Plan (CEMP) January 2024 Rev A by R J Ellis Ltd Plan including Plan 250 REV A Site Compounds and Plan 251 Site Access Routes and the Demolition Method Statement REF: 14749 by Edward Parsley Associates - Updated April 24, satisfy the requirements of Condition 10 of planning permission 23/00451/FUL, are acceptable in all relevant regards and are hereby approved.

 

Informative

 

1. 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.

7.

24/00421/BC3 - Garages at Bradford Bury, Leigh-on-Sea (Belfairs Ward) pdf icon PDF 376 KB

Additional documents:

Minutes:

Proposal: Demolish existing garage block and erect two, two storey dwellinghouses and layout parking

Applicant: Mr Martin Berry of Southend-on-Sea City Council

Agent: Mrs Michelle Fishlock of Southend-on-Sea City Council

 

Mr Russell, a local resident, spoke as an objector to the application. 

 

Resolved:- DEFERRED for clarification of information.

 

 

8.

24/00272/FUL - 22-26 Leigh Hill, Leigh-on-Sea (Leigh Ward) pdf icon PDF 2 MB

Additional documents:

Minutes:

Proposal: Part demolish No 24 Leigh Hill, part rebuild and erect 2 three storey dwellinghouses adjoining No 22, balconies to rear, change use of basement and ground floor at No 22 Leigh Hill from shop to dwellinghouse (Class C3), alter rear elevation, layout associated parking area, refuse and cycle storage at basement level and amenity space to rear

Applicant: Mr Thomas of Caneleigh Limited

Agent: Miss Emanuela Borri of Scene 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: LH-SCN-XX-XX-DR-A-01.001-A1-PL01, LH-SCN-XX-XX-DR-A-10.001-A1-PL01, LH-SCN-XX-XX-DR-A-10.001-A3-PL01, LH-SCN-XX-XX-DR-A-10.002-A3-PL01, LH-SCN-XX-XX-DR-A-10.003-A3-PL02, LH-SCN-XX-XX-DR-A-10.004-A3-PL01, LH-SCN-XX-XX-DR-A-10.005-A3-PL01, LH-SCN-XX-XX-DR-A-10.006-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.001-A3-PL01, LH-SCN-XX-ZZ-DR-A-ZZ.002-A3-PL02, LH-SCN-XX-ZZ-DR-A-ZZ.003-A3-PL02, LH-SCN-XX-XX-DR-A-ZZ.601-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.602-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.604-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.801-A3-PL02, LH-SCN-XX-XX-DR-A-ZZ.802-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.803-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.804-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.805-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.806-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.807-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.808-A3-PL01, LH-SCN-XX-ZZ-DR-A-ZZ.004-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.603-A3-PL04, LH-SCN-XX-XX-DR-A-ZZ.001-A3-PL04, LH-SCN-XX-ZZ-DR-A-ZZ.006-A3-PL02, LH-SCN-XX-ZZ-DR-A-ZZ.005-A3-PL01.

 

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).

 

Design and Heritage Conditions

 

03 Before any of the dwellinghouses hereby approved are occupied, the materials used for their external surfaces shall be as set out on plan reference LH-SCN-XX-ZZ-DR-A-ZZ.002-A3-PL02 and the associated submitted materials specifications or in accordance with any other alternative external materials details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To safeguard the visual amenities, character and appearance of the area including the Leigh Conservation Area and Leigh Old Town 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) and National Design Guide (2021) and the Leigh Conservation Area Appraisal (2021) and the Leigh Old Town Conservation Area Appraisal (2021)

 

04 The detailing for the key design elements of the development hereby approved shall only be as shown in plan references LH-SCN-XX-XX-DR-A-ZZ.801-A3-PL02, LH-SCN-XX-XX-DR-A-ZZ.802-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.803-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.804-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.805-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.806-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.807-A3-PL01, LH-SCN-XX-XX-DR-A-ZZ.808-A3-PL01 (Windows and Doors), LH-SCN-XX-XX-DR-A-ZZ.601-A3-PL01 (Eaves, Canopies and Bay), LH-SCN-XX-XX-DR-A-ZZ.602-A3-PL01 (Balconies, Ridge and Parapet) and LH-SCN-XX-ZZ-DR-A-ZZ.006-A3-PL02 (Vents) or in accordance any other alternative key design details that have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To safeguard the visual amenities, character and appearance of the area including the Leigh Conservation Area and Leigh Old Town Conservation Area, in accordance with the National Planning Policy Framework (2023) Core Strategy (2007) policy 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) and National Design Guide (2021), the Leigh Conservation Area Appraisal (2021) and the Leigh Old Town Conservation Area Appraisal (2021)

 

05 No electricity, gas or water meter boxes, soil ventilation pipes,  ...  view the full minutes text for item 8.

9.

24/00441/FUL - Lynton House, 38 Kilworth Avenue (Kursaal Ward) pdf icon PDF 473 KB

Additional documents:

Minutes:

Proposal: Change of use from 6-person HMO (Class C4) to 8-bedroom HMO (Sui Generis), infill window at ground floor level on side elevation and provide associated bin and cycle stores at rear

Applicant: Mr M Nunn

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.

 

02 The development shall only be undertaken in accordance with the following approved plans: 894-100 Rev 02; 894-101 Rev 02; 894-106 Rev 01.

 

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, the development hereby approved shall not 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 hereby approved details of energy efficiency and other sustainability measures to  ...  view the full minutes text for item 9.

10.

23/00197/UNAU_B - 35 Albion Road, Wescliff-on-Sea (Victoria Ward) pdf icon PDF 1 MB

Additional documents:

Minutes:

Breach of Planning Control: Erection of single storey rear extension

 

Resolved:- That ENFORCEMENT ACTION be AUTHORISED to require those issued with a copy of the Enforcement Notice to:

 

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

b) Remove from site all materials resulting from compliance with a) above.

 

The extension, due its siting abutting the site boundary, its size, noting its significant depth and its height above the existing fence, is dominant and creates an unacceptable loss of outlook and light and an undue sense of enclosure significantly harmful to the residential amenity of the occupiers of the neighbouring dwelling No.37 Albion Road. 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 guidance contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

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 of 3 months and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

11.

23/00091/UNAU_B - 192 Manchester Drive, Leigh-on-Sea (Blenheim Park Ward) pdf icon PDF 1 MB

Additional documents:

Minutes:

Breach of Planning Control: Erection of roof additions including a hip to gable roof extension and a rear dormer

 

Resolved:- That ENFORCEMENT ACTION be AUTHORISED to require those issued with a copy of the Enforcement Notice to:

 

a) Remove from the site the hip to gable roof extension and rear dormer,

b) Restore the roof of the dwelling to its condition before the breach took place; and

c) Remove from site all materials resulting from compliance with a) and b) above.

 

The scale, form, siting and detailed design of the roof extensions under construction result in visually dominant and incongruous additions to the existing building which results in significant harm to the character and appearance of the site, the rear garden scene, the streetscene and wider area. 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) and the National Design Guide (2021).

 

In the absence of a planning condition to require that the rear and side facing openings created at roof level are glazed in obscure glass and non-openable up to 1.7m from internal floor levels, the development would result in unacceptable overlooking and loss of privacy, causing significant harm to the residential amenity of neighbouring occupiers at No. 188 Manchester Drive, No. 61 Madeira Avenue and No.60 Blenheim Crescent. This is unacceptable and contrary to the National Planning Policy Framework (2023), Policy KP2 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).

 

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 of three (3) calendar months and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

12.

23/00184/UNAU_B - 12 Pavilion Drive, Leigh-on-Sea (Blenheim Park Ward) pdf icon PDF 239 KB

Additional documents:

Minutes:

Breach of Planning Control: Material change of use from ancillary outbuilding to a self-contained dwellinghouse (Use Class C3)

 

Resolved:- That ENFORCEMENT ACTION be AUTHORISED to require those issued with a copy of the Enforcement Notice to:

 

a) Cease the use of the building as a self-contained dwellinghouse (Use Class C3); and

b) Remove from the building at least one category of items from the following so that the unauthorised use cannot take place at the site:

i. Shower/bath tab and/or any other item which can be used for washing (showering or bathing); or

ii. Toilet; or

iii. Oven and/or hob and/or any other item which can be used for cooking; or

iv. Fridge and/or freezer or other items which allows the storage of food; or

v. Clothes washing and/or drying equipment; or

vi. Beds and/or sofa/beds and/or other items which can be used for sleeping.

 

The significant shortfall of the unit’s overall size and bedroom sizes against the adopted minimum standards, the unacceptable outlook at the south-eastern bedroom, and the separation distance from first floor openings at neighbouring properties which results in significantly harmful overlooking and loss of privacy, are to the substantial detriment of living conditions of current and future occupiers at the site. The identified adverse impacts of granting permission would significantly and demonstrably outweigh the benefits of the development taking into consideration the presumption in favour of sustainable development. This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 [as amended with the Technical Housing Standards Policy Transition Statement (2015)] of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the Technical Housing Standards – Nationally Described Space Standards (2015).

 

The development offers no suitable mitigation of the in-combination effect of the net increase of one dwelling on habitats and species in accordance with the Conservation of Habitats and Species Regulations (2017), as identified in the adopted Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy Supplementary Planning Document (2020). This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP1, KP2 and CP4 of the Core Strategy (2007), Policy DM6 of the Development Management Document (2015) and the guidance contained within the Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy Supplementary Planning Document (2020), which seek to protect the designated habitats and species with specific reference to the coastal environment.

 

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.

13.

20/00334/UCOU_B - 69 West Road, Shoeburyness (West Shoebury Ward) pdf icon PDF 174 KB

Additional documents:

Minutes:

Breach of Planning Control:

(a.) Material change of use from shop (Use Class E) to dwellinghouse (Use Class C3).

(b.) Replacement of shopfront.

 

Resolved:- That ENFORCEMENT ACTION be AUTHORISED to require those issued with a copy of the Enforcement Notice to:

 

a) Cease the use of the ground floor part of the building as a self-contained dwelling (Use Class C3); and

b) Remove from the building all residential fixtures and fittings which facilitate the use including but not limited to:

i. Shower/bath tab and/or any other item which can be used for washing (showering or bathing); and

ii. Oven and/or hob and/or any other item which can be used for cooking; and

iii. Fridge and/or freezer or other items which allows the storage of food; and

iv. Clothes washing and/or drying equipment; and

v. Beds and/or sofa/beds and/or other items which can be used for sleeping.

 

The development has disrupted the continuity of the Primary Shopping Frontage and reduced activity in a key shopping area. No evidence has been provided to show that there is no reasonable prospect of the re-use of the premises as shops or services within Use Class E. It is therefore found that the development, including the material change of use of the site and the removal of the traditional shop frontage, is significantly and demonstrably harmful to the character, function and thus the sustainability of the Primary Shopping Frontage in a key shopping area. The development is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP1, KP2, CP1, CP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM13 of the Development Management Document (2015).

 

It has not been demonstrated that the residential unit would not result in significant shortfall against the minimum standards for the overall size of the home and the bedroom sizes, and in an unacceptable outlook and receipt of light at the bedroom which would be to the substantial detriment of living conditions of current and future occupiers at the site. The identified adverse impacts of the development would significantly and demonstrably outweigh the benefits of the development taking into consideration the presumption in favour of sustainable development. This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 [as amended with the Technical Housing Standards Policy Transition Statement (2015)] of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the Technical Housing Standards – Nationally Described Space Standards (2015).

 

The development offers no suitable mitigation of the in-combination effect of the net increase of one dwelling on habitats and species in accordance with the Conservation of Habitats and Species Regulations (2017), as identified in the adopted Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy Supplementary Planning Document (2020). This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP1, KP2 and CP4 of the Core Strategy (2007),  ...  view the full minutes text for item 13.

14.

23/00231/UNAU_B - 5 Westcliff Park Drive, Westcliff-on-Sea (Westborough Ward) pdf icon PDF 218 KB

Additional documents:

Minutes:

Breach of Planning Control: Unauthorised change of Use from a dwelling (Use Class C3) to a mixed use of dwelling and circumcision clinic (sui generis).

 

Resolved:- That ENFORCEMENT ACTION be AUTHORISED to require those issued with a copy of the Enforcement Notice to:

 

a) Cease the use of the property for mixed use purposes as a clinic and residential accommodation and to return the property to its lawful planning use as a Class C3 single family dwellinghouse; and

b) Remove from site all materials, fittings and equipment resulting from compliance with a) above.

 

It has not been demonstrated in principle that the development could operate in a way that would not result in the total loss of the dwellinghouse use to the detriment of the provision of housing in the city. This is unacceptable and contrary to the National Planning Policy Framework (2023) and Policies KP1, KP2 and CP8 of the Core Strategy (2007).

 

It has not been demonstrated that the development operating on a 24-hour basis would not erode the domestic character of the site and the area and would not result in an unacceptable significant harm to the residential amenity of neighbouring occupiers in term of noise and disturbance. This is unacceptable and contrary to the National Planning Policy Framework (2023), Policy KP2 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).

 

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 of 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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