There were no apologies for absence.

The following interests were declared at the meeting:

(i) Councillor Berry – Minute No. 76 (24/01392/FUL – 18 Belle Vue Avenue, Southend on Sea) – Has received an email from the Applicant and has discussed the process with them on the phone.  Has also visited the site but has not predetermined the application;

(ii) Councillor Habermel – Minute No. 74 (24/01199/FUL - 96 The Ridgeway, Westcliff on Sea) – Has been involved regarding this application – Withdrew;

(iii) Councillor Ward – Minute No. 74 (24/01199/FUL - 96 The Ridgeway, Westcliff on Sea) – Applicant is know to his wife.

Resolved:-

That the Minutes of the meeting held on Wednesday, 16^th October 2024 be confirmed as a correct record and signed.

The Committee received and noted a supplementary report by the Executive Director (Environment & Place) that provided additional information on the items referred to elsewhere on the Agenda since the publication of the reports.

Proposal: Demolition of existing storage shed and erect dwelling house

Applicant: Mr Rob McBain of Neobards Limited

Agent: Mr Rob Neobard of Neobards Limited

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 approved shall only be undertaken in accordance with the following approved plans: 0100; 0101 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 Notwithstanding the information submitted with the application, no development above ground floor slab level shall take place unless and until full details of the detailed fenestration design and all materials to be used on all the external elevations of the development hereby approved including for the external walls, roofing, fascia and soffits, doors and windows, have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall only be carried out and completed in full accordance with the approved details.

Reason: To safeguard the character and appearance of the surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

04 Construction works for the approved development on site shall only be undertaken between 8 am to 6 pm on weekdays, between 8 am and 1 pm on Saturdays and not at any time on Sundays and Bank and Public Holidays.

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).

05 No development above ground level shall take place unless and until full details of both hard and soft landscape works to be carried out at in the front and rear parts of the site have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include, but not be limited to:

i.) means of enclosure of and subdividing the site, including enclosure of the front garden and including details of any gates or boundary treatments.

ii.) hard surfacing materials.

iii.) details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification.

iv.) details of measures to enhance biodiversity within the site.

v.) details of any permeable paving or other sustainable drainage measures to be implemented.

vi.) existing and proposed  ...  view the full minutes text for item 73.

Proposal: Change of use of ground floor to rear and first floor from restaurant (Class E(b)) to 3 no self-contained flats with balcony to front (Class C3) and form ground floor commercial unit (Class E) to front, erect single storey front extension to form bin and cycle store, remove part of front boundary wall for access and alter elevations

Applicant: Mr M. Hassan

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.

02 The development shall only be undertaken in accordance with the following approved plans: Location plan; 01; 02; 03; 04; 05; 06F; 07B; 08A; 09A; 10C; 11C 12C.

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 Prior to the first occupation or first use of the development hereby approved, the external elevations of the development hereby permitted shall be constructed solely with materials as detailed in the submitted application form and approved plans or alternative materials, details of which have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition.

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with Policy DM1 of the Development Management Document (2015).

04 Construction works for the approved development on site shall only be undertaken between 8 am to 6 pm on weekdays, between 8 am and 1 pm on Saturdays and not at any time on Sundays and Bank and Public Holidays.

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).

05 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 or first use 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), Development Management Document (2015) Policy DM2 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

06 Prior to occupation of the development hereby approved water efficiency 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)  ...  view the full minutes text for item 74.

Proposal: Erect single storey extension to front and relocate bin and cycle stores (part-retrospective)

Applicant: Mr Anjesh Patel

Agent: Design Graphics Associates

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: DGA-SA-PL-ARC-LP-102; DGA-SA-PL-ARC-SP-100; DGA-SA-PL-ARC-SP-200; DGA-SA-PL-ARC-SP-300; DGA-SA-PL-ARC-LP-101 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).

02 Prior to first use of the development hereby approved flood proofing, resilience and resistance techniques, in accordance with ‘Improving the flood performance of new buildings’ CLG (2007) and the submitted document ‘Environment Agency Flood Risk Assessment - Householder and other minor extensions in Flood Zones 2 and 3’ shall be incorporated in the construction of the development and the floor levels within the development hereby approved shall be no lower than the existing levels of the host building. The above measures shall be undertaken and completed prior to the first use of the development and shall be retained as such for its lifetime thereafter.

Reason: For the avoidance of increased flood risk in the immediate vicinity and the safety of the occupiers of the development in accordance with the National Planning Policy Framework (2023), and Policies KP1 and KP2 of the Core Strategy (2007).

03 Notwithstanding the details shown on the documents submitted and otherwise hereby approved, prior to first use of the development hereby approved, full details of covered and secure refuse and recycling facilities, including their external finishes shall have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The refuse and recycling facilities shall be provided and made available for use at the site in accordance with the approved details prior first use of the development and shall thereafter be retained for the lifetime of the development.

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3, DM8 and DM15, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

POSITIVE AND PROACTIVE STATEMENT:

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

INFORMATIVES:

1. You are advised that as the development equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about the  ...  view the full minutes text for item 75.

Proposal: Erect detached outbuilding to rear (retrospective)

Applicant: Ms Emma Stoakes

Agent: Mr Michael Dedman

Resolved:-

1. That PLANNING PERMISSION be REFUSED for the following reasons;

01 The development significantly harms the character and appearance of the site and the wider rear garden scene due to its position and its excessive size and scale, coupled with its external appearance which create a feature which is dominant, incongruous and overscaled in this typical open setting. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2023); Policy CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015); and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02 Due to its position and its excessive size and scale, coupled with its external appearance, the development is dominant, incongruous and over scaled so creating an unacceptable sense of enclosure significantly harmful to the amenities of the occupiers of Nos 16 and 20 Belle Vue Avenue. This is unacceptable and the development is contrary to the National Planning Policy Framework (2023); Policy CP4 of the Southend-on-Sea Core Strategy (2007); Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015); and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

POSITIVE AND PROACTIVE STATEMENT

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern 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

2. That ENFORCEMENT ACTION be AUTHORISED 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] to require those issued with a copy of the Enforcement Notice to:

a) Remove the unauthorised outbuilding; AND

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

With time for compliance of Three (3) calendar months, for the reasons stated in paragraph 9.1 of the submitted report.

The serving of the Enforcement Notice so authorised be held until the outcome of any appeal or the time period for submitting an appeal has lapsed.

Breach of Planning Control:

A. Installation of aluminium shopfronts;

B. Installation of aluminium fascias; and

C. Installation of awnings.

Resolved:-

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

a) Remove the unauthorised shopfronts, fascias and awnings; AND

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

With time for compliance of six (6) calendar months.

For the following reason(s):

01 The unauthorised modern shopfronts, including the hatch window, and the existing modern aluminium fascia and modern flat awning cause material harm to the character and appearance of the application site, the streetscene and the Leigh Conservation Area more widely. Whilst this harm is less than substantial, it is nevertheless significant in degree and not outweighed by any public benefits of the proposal. This development is therefore unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM5 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and Leigh Conservation Area Appraisal (2021).