Apologies for absence are received from Councillor Borton (substitute: Councillor Burton), Councillor Sadza (substitute: Councillor Richardson) and Mulroney (substitute: Councillor Collins).

The following interests were declared at the meeting:-

(i) Councillor Beggs – Minute No. 9 (Application Ref. No. 23/00434/FUL – Leigh Road Baptist Tennis Club, Victory Path) - Daughter plays tennis on a Saturday and the applicant used to teach his daughter a long time ago in

a primary school;

(ii) Councillor Buckley – Minute No. 6 (Application Ref. No. 23/00328/BC4 – Cockle Shed 1, High Street, Leigh on Sea, Minute No. 8 (Application Ref. No. 23/00462/FULH – 138 Hadleigh Road, Leigh on Sea), Minute No. 9 (Application Ref. No. 23/00434/FUL – Leigh Road Baptist Tennis Club, Victory Path) and Minute No. 10 (Application Ref. No. 22/01496/FUL – Land adjacent to 292 Leigh Road and 152 Broadway, Leigh on Sea) – Husband is a Leigh Town Councillor

(iii) Councillor Collins – Minute No. 7 (Application Ref No. 23/00342/FUL – 358 Rayleigh Road, Eastwood) - the owner of business is known to him as being their local Councillor;

(iv) Councillor Collins – Minute No. 10 (Application Ref No. 22/01496/FUL – Land adjacent to 292 Leigh Road and 152 Broadway, Leigh on Sea) – Disqualifying interest: Knows one of the adjacent property owners very well (withdrew);

(v) Councillor Evans – Minute No. 8 (Application Ref. No. 23/00462/FULH – 138 Hadleigh Road, Leigh on Sea) - Governor at St Michael's school;

Resolved:-

That the Minutes of the Meeting held on Wednesday 5^th April 2023 be received, confirmed as a correct record and signed.

The supplementary report by the Executive Director (Growth and Housing) 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 (Growth and Housing), that provided additional information on the items referred to elsewhere on the agenda since the publication of the reports.

This report included an amendment to Condition 10 in respect the permission relating to Application Ref. No. 22/01214/BC3 (Land Adjacent to 85 Lundy Close, Eastwood, Essex) granted by the Committee at its meeting on 12th October 2022. The Preliminary Ecological Appraisal referred to in the Condition should have been recorded as being provided by SES (Southern Ecological Solutions) and not Hybrid Ecology Ltd.

Proposal: Erect single storey extension linking the infant and junior schools and erect an enclosure to the existing outdoor pool area

Applicant: Bournes Green Junior School

Agent: Mr Nick Kenney of The Draughtsman Architectural Ltd.

Ms L Kulahcigil, a local resident, spoke as an objector to the application. Mr Stickley responded on behalf of the applicant.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

02 The development shall be carried out in accordance with the approved plans:

BG/NAK/01 Rev D; BG/NAK/02 Rev D; BG/NAK/03 Rev D; BG/NAK/04 Rev D; BG/NAK/05 Rev D

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

03 All new work to the outside of the development hereby approved must match existing the original building in terms of the choice of materials and finished appearance. This applies unless differences are shown on the drawings hereby approved or are required by conditions to this permission.

Reason: In the interests of visual amenity and to ensure that the appearance of the development makes a positive contribution to the character and appearance of the area. This is as set out in the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice in the National Design Guide (Rev 2021) and the Southend-on-Sea Design and Townscape Guide (2009).

04 The windows in the west flank elevation of the pool enclosure 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, or equivalent) and be permanently fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal finished floor level of the room served by that window. 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. The windows shall be retained as such for the lifetime of the development.

Reason: In the interest of the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

05 Prior to first operation of the development hereby approved, a noise impact assessment and sound insulation scheme to control the emission of sound from the pool enclosure and newly located pump room, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall consider the need for extract ventilation and maintaining thermal comfort. Noise from any plant and equipment used to provide this shall be limited to 10 dB (A) below the background noise level measured and expressed  ...  view the full minutes text for item 5.

Proposal: Remove screened container and convert space to low level store with extended terrace over including balustrade, remove built in storage container at southern end of the building and reinstate walls to form single storey infill extension under existing roof to west side and covered seating area to east side, alter elevations and roof design externally, remove platform lift in lieu of utilising north-east corner door as sole main entrance.

Applicant: Mr Ritchie Bridge of Cockleshed Company Ltd

Agent: Mr Colin Stone of Stone Me Ltd

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin no later than three years from the date of this decision.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

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02 The development hereby permitted shall be carried out in accordance with the following approved plans 2904-01, 2904-02, 2904-03, 2094-06F, 2094-07F.

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

03 The materials to be used on the external surfaces of the development hereby approved shall be black painted timber shiplap cladding for the walls including the terrace walls, black or stained timber fascia and soffits to match the existing building, dark grey bitumen roofing shingles to match the existing or black curved corrugated roofing sheets, black metal railings with clear glazed inserts, black timber supporting columns and terrace flooring to match the existing terrace or any other materials, details of which have  previously been submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. These materials shall be retained for the lifetime of the development.

Reason: To safeguard the character and appearance of the site and the surrounding Leigh Old Town Conservation Area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and  advice  within the National Design Guide (2021), the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Old Town Conservation Area Appraisal (2021).

04 Prior to first use of the enlarged external terrace hereby approved, the approved enhancements to the existing building, including the removal of the hipped section of roof, the removal of the redundant air handling units and associated steel tray along the fascia and the painting of the existing and proposed railings black shall be undertaken and completed in full accordance with the details set out in plan references 2094-06F and 2094-07F. These enhancements shall be retained for the lifetime of the development in accordance with the approved plans.

Reason: To safeguard the character and appearance of the historic building and the Leigh Old Town Conservation Area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advice within the National Design Guide (2021), the Southend-on-Sea  ...  view the full minutes text for item 6.

Proposal: Install new vehicle crossover onto Rayleigh Road

Applicant: Mr S. Miah

Agent: Mrs Stamatia Exarchea of DSB Property Designs Ltd

Resolved:-

That planning permission be REFUSED for the following reason:

01 The proposed development would result in vehicles accessing or egressing the highway in reverse gear in close proximity to a pedestrian crossing and across its zig zag safety markings and in addition is likely to result in larger vehicles overhanging the footpath to the significant detriment of pedestrian and highway safety. This is unacceptable and contrary to the National Planning Policy Framework (2021), Policy CP3 of the Core Strategy (2007), Policies DM3 and DM15 of the Development Management Document (2015) and the Southend-on-Sea Vehicle Crossing Policy and Application Guidance (2021).

Proposal: Demolish existing detached garage and erect garage with mezzanine level gym incorporating single storey link to dwellinghouse (Amended Proposal)

Applicant: Mr And Mrs G Day

Agent: Metson Architects Ltd.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin no later than three years from the date of 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 in accordance with the following approved plans: 2015-X00; 2015-TP-301

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

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 dwelling. This applies unless differences are shown on submitted plans.

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 (2021), Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM1, and advice contained in the Design and Townscape Guide (2009).

04 The development hereby permitted shall not be occupied at any time other than for purposes wholly incidental to the residential use of the dwelling known as 138 Hadleigh Road and shall not be used for any other purposes including as an independent dwelling or as ancillary residential accommodation.

Reason: To ensure a satisfactory standard of accommodation and to protect the amenities of existing and proposed occupiers, to protect the privacy and environment of people in neighbouring residential properties, and to prevent additional parking demand which cannot be met within the application site, in accordance with the Core Strategy (2007) policies KP2, CP3 and CP4, the Development Management Document (2015) policies DM1, DM3, DM8 and advice contained within the Southend Design and Townscape Guide (2009).

Positive and Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

Informatives

01 You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development would benefit from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge would be payable. See www.southend.gov.uk/cil for further details about CIL.

02 You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council will seek to recover the cost of  ...  view the full minutes text for item 8.

Proposal: Install 8 No. steel columns complete with 8 No LED floodlights mounted at 8m above the court surface for 3 existing tennis courts

Applicant: Mr Simon Joyce

Agent: Mr Lee Burton of Midlands Lighting Solutions Ltd

Ms Crowe, a local resident, spoke as an objector to the application. Mr Joyce, the applicant, responded.

Resolved:-

That planning permission be REFUSED for the following reason:

The proposed floodlights would, by reason of their significant height and proximity to the rear boundaries of Nos. 32-40 Crosby Road, appear as overly dominant and oppressive additions in the rear garden scene which would result in an unacceptable overbearing effect to the significant detriment of the residential amenity of neighbouring occupiers at these properties. This is unacceptable and contrary to the National Planning Policy Framework (2021), Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Proposal: Demolish existing storeroom and erect two storey building with basement for use as a restaurant (Class E) and use existing basement at 292 Leigh Rd as associated restaurant floorspace.

Applicant: Capability Ltd

Agent: Mr Dwight Breley of Breley Design Ltd

Mrs Stimson, a local resident, spoke as an objector to the application. Mr Harvey, responded on behalf of the applicant.

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin no later than 3 (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 strictly in accordance with the approved plans: 1447- 01 Rev A, 1447 – 02 Rev F, 1447 – 03 Rev G, 1447-04 Rev D & 1447 – 05 Rev B.

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

03 Prior to commencement of any drainage related works associated with the development hereby approved, a drainage scheme comprising details of drainage infrastructure (including any Sustainable Urban Drainage Systems (Suds), foul and surface water drainage infrastructure, connection points and discharge rates) and a drainage management plan shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall only be constructed in accordance with the approved details.

Reason: This condition is required to prevent flooding, drainage, environmental and amenity problems arising from the development, in accordance with the National Planning Policy Framework (2021) and Policies KP1 and KP2 of the Core Strategy (2007).

04 Notwithstanding  the  details  shown  on  the  submitted plans  otherwise  hereby approved  the  development  hereby  permitted  shall  not  commence  other  than  for groundworks and site preparation works unless and until full details including section details as appropriate and full specifications of  the  materials  to  be  used  for  all  the  external  surfaces  of  the approved building at the site including for elevations, face and engineering brickwork, bath stone panels, curtain and all other glazing, aluminium fins, doors, windows, louvres, roofing materials, concealed gutters, rainwater goods, lighting and signage have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development hereby permitted shall be implemented and completed in full accordance with the details and/or samples approved under this condition before it is first 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 this prominent corner site and its surroundings. This is as set out in the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the guidance contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

05 The development hereby approved shall not be first used unless and until a  ...  view the full minutes text for item 10.

Breach of Planning Control: Installation of four external air conditioning units to roof with associated works

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to secure:

(a) the removal from the site the four air conditioning units and associated equipment in their entirety from floor 2 of the building (the external flat roof of floor 1), 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 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

When serving an Enforcement Notice the Local Planning Authority must ensure a reasonable time for compliance. In this case a compliance period of 3 months is considered reasonable for the removal of the air conditioning units.