There were no apologies for absence at the meeting.

The following interests were declared at the meeting:

(a)  All Councillors present – Agenda Item No. 11 (Application No. 20/01972/FULH - The Lodge by The Bridge, Eastern Avenue, Southend on Sea) – Non-pecuniary interest: Applicant is known to them as a fellow Councillor;

(b)  Councillor Ayling – Agenda Item No. 11 (Application No. 20/01972/FULH - The Lodge by The Bridge, Eastern Avenue, Southend on Sea) – Disclosable pecuniary interest: Applicant and owner of the property (withdrew);

(c)  Councillors Ayling, Borton, Chalk, Dent, Jarvis and Ward – Agenda Item No. 8 (Application No. 20/02016/FUL - 90 Caulfield Road, Shoeburyness) – Non-pecuniary interest: Had received correspondence regarding the application;

(d)  Councillor Dear – Agenda Item No. 4 (20/00728/OUTM - The Old Vienna Restaurant, 162 Eastwood Road, Leigh on Sea) – Non-pecuniary interest: Has received numerous correspondence from resident regarding the application;

(e)  Councillor D Garston – Agenda Item No. 4 (20/00728/OUTM - The Old Vienna Restaurant, 162 Eastwood Road, Leigh on Sea) – Non-pecuniary interest: Developer is known to him;

(f)  Councillor D Garston – Agenda Item No. 6 (20/00599/FUL Application No. 27 Leigh Park Road, Leigh-on-Sea) – Pecuniary interest: Application site backs on to his place of residence (withdrew);

(g)  Councillor D Garston – Agenda Item No. 8 (Application No. 20/02016/FUL - 90 Caulfield Road, Shoeburyness) – Non-pecuniary interest: Son owns a property in the vicinity;

(h)  Councillor Jones – Agenda Item No. 8 (Application No. 20/02016/FUL - 90 Caulfield Road, Shoeburyness) – Disqualifying non-pecuniary interest: Cabinet Member with responsibility for children and corporate parent (withdrew);

(i)  Councillor Mulroney – Agenda Item No. 5 (Application No. 20/01759/FULM - Former Car Wash, 120 Broadway, Leigh on Sea) and XXX (20/00599/FUL Application No. 27 Leigh Park Road, Leigh-on-Sea) – Non-pecuniary interest: Member of Leigh Town Council non-participant in planning);

(j)  Councillor Mulroney – Agenda Item No. 8 (Application No. 20/02016/FUL - 90 Caulfield Road, Shoeburyness) – Non-pecuniary interest: CEO of the Applicant is known to her;

(k)  Councillor Wakefield – Agenda Item No. 8 (Application No. 20/02016/FUL - 90 Caulfield Road, Shoeburyness) – Lives in the vicinity of the application site; and

(l)  Councillor Ward – Agenda Item No. 10 (20/02080/FUL - 4 Merilies Close, Westcliff-on-Sea) – Non-pecuniary interest: Had received correspondence from another objector requesting to speak received in respect of this matter.

The Committee received and noted a supplementary report by the Deputy Chief Executive and Executive Director (Growth and Housing) that provided additional information on the items referred to elsewhere on the Agenda.

Proposal: Demolish existing building and erect part two-storey/part three storey building, comprising of thirteen (13no.) self contained flats, parking, cycle store & refuse store (Outline Application with Landscaping reserved).

Applicant: Mr Brian Strickland

Agent: Mr Steven Kearney of SKArchitects

Resolved: -

(a)          That the Interim Director of Planning or Group Manager of Planning & Building Control be delegated responsibility to GRANT PLANNING PERMISSION subject to conditionsbelow following the completion of a PLANNING AGREEMENT under section 106 of the Town and Country Planning Act 1990 (as amended)to secure the provision of:

·           £224,053.17 financial contribution towards off-site affordable housing. 

·           £23,359.59 contribution towards secondary education.

·           Essex RAMS payment of £1,632.54 to mitigate the potential disturbance to European designated sites.

(b)       The Interim Director of Planning or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above requirement, so long as planning permission when granted and, where it is used, the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

General Conditions

01        Details of the landscaping (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved under the reserved matters. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 3 (three) years from the date of this permission. The development hereby permitted shall begin not later than 2 (two) years from the date of approval of the last of the reserved matters to be approved.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and because the application is for outline planning permission only and the particulars submitted are insufficient for consideration of details mentioned.

02        The development hereby approved shall be carried out in accordance with the approved plans: 575-P01 A, 575-P02 C, 575-P03 A, 575-P04 C, 575-P05, 575-P06 REV A, 575-P05.

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

Design and related conditions

03        Notwithstanding the details shown on the plans submitted and otherwise hereby approved the development hereby permitted shall not commence, other than for groundworks and site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the proposed buildings at the site including facing materials, roof detail, windows (including sections, profiles and reveals), doors, balustrading, fascia and balconies have been submitted to and approved in writing by the local planning authority. The works must then be carried out in full accordance with the approved details before the dwellings hereby approved are first occupied.

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2019)  ...  view the full minutes text for item 784.

Proposal: Demolish existing retail unit and former car wash site and erect a 3-storey building with upper storey set-back comprising of 280sq.m commercial space at ground floor level and 15 self-contained flats (Class C3), ground floor parking court, refuse, cycling storage, lay out landscaping and install vehicular access onto Victor Drive.

Applicant: Plaistow Broadway Filling Stations

Agent: DAP Architecture Ltd

Resolved: -

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin not later than three years of 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 001.01, 200.12, 201.07, 202.11, 203.11, 204.14, 205.08, 206.09, 210.02, 211.02

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

03 No development approved by this permission shall be commenced unless and until the Local Planning Authority has approved in writing by way of a Section 278 Highways Agreement a full scheme of highway works (including detailed designs and contract details) and the relevant highways approvals are in place, in relation to the proposed loading bay, alterations to the existing accesses including reinstatement of redundant crossovers on Broadway, amended traffic regulation order, planting specifications and details of 4 new street trees and details of the  5 new visitor cycle hoops. The works shall thereafter be undertaken in accordance with the approved details and completed prior to occupation of the development hereby approved.

Reason: A pre commencement condition is required in the interests of highways management, the character of the area and safety in accordance with Core Strategy (2007) policies KP2, CP3 and CP4 and Development Management Document (2015) policies DM1, DM3 and DM15 and the advice contained within the Southend Design and Townscape Guide (2009).

04 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, including walls, inset balconies and projecting windows, roof and roof terraces, coping, windows and doors, shopfront, colonnade, fascia and soffits, balcony balustrades and screens, bin and cycle store doors, entrance gates, rainwater goods and boundaries have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details before it is brought into first use.

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2019) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).  

05 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above slab level shall take place unless and until full detailed design  ...  view the full minutes text for item 785.

Proposal: Demolish existing building and erect two dwellinghouses with associated amenity spaces and basement parking.

Applicant: SJT Developments

Agent: Mr Alan Gloyne of SKArchitects

Cllr Garston withdrew from the meeting for this agenda item.

Resolved: -

That PLANNING PERMISSION be REFUSED for the following reasons:

01       The proposal, due to the loss of the existing traditional building which makes a positive contribution to the Leigh Conservation Area and by reason of its unsympathetic design, including its scale, rudimentary form and distinctly modern appearance, would result in a materially harmful impact on the character and appearance of the site, the streetscene and the wider area as well as less than substantial, albeit significant, harm to the importance of Leigh Conservation Area. This is unacceptable and contrary to the National Planning Policy Framework (2019), 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 the advice contained within the National Design Guide (2019), the Southend Design and Townscape Guide (2009) and the Leigh Conservation Area Appraisal (2010).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and clearly setting these out in the reason(s) for refusal.

Furthermore, Members of the planning committee which took the decision to refuse planning permission based their view on a detailed report prepared by officers and have considered whether there are opportunities to amend the development to address this harm. Where a potential way forward has been identified, this has been communicated to the Applicant.

Informatives:

1        Please note that this application would have been liable for a payment under the Community Infrastructure Levy Regulations 2010 (as amended) if planning permission had been granted. Therefore, if an appeal is lodged and subsequently allowed the CIL liability will be applied. Any revised application may also be CIL liable.

Proposal: Erect three storey side extension with loft conversion to form 3 additional self-contained flats, layout parking, amenity space, bin and cycle storage and extend existing vehicle crossover onto Honiton Road.

Applicant: Mr Henry Gover

Agent: Stone Me Design Ltd

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  in  accordance  with  the approved plans: 01, 02,  04, 05, 06, 07, 08, 09 & 10,

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

03        Prior to the occupation of the development hereby approved the car parking spaces shall be provided and made available for use in accordance with the details shown on approved plan 1864 02 and shall be permanently retained as such thereafter. The car parking spaces shall be kept available solely for the parking of motor vehicles of occupiers of the dwellings hereby approved and their visitors.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

04        Notwithstanding  the  details  shown  on  the  plans  submitted  and otherwise  hereby approved  the  development  hereby  permitted  shall  not  commence  other  than  for groundworks and site preparation works unless and until details and appropriately sized  samples  of  the  materials  to  be  used  for  all  the  external  surfaces  of  the proposed building at the site including for elevations, brickwork, glazing, doors, windows and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be implemented in full accordance with the details and samples approved under this condition 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, Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the guidance contained within the Design and Townscape Guide (2009).

05        Prior to the first occupation of the development hereby approved full details of refuse, recycling and secure bicycle storage facilities for the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority.  Prior to first occupation of the development, refuse, recycling and bicycle storage facilities shall be  provided  at  the  site  in  accordance  with  the  approved  details  and retained in perpetuity thereafter.

Reason: In  the  interests  of  residential  amenity  for  future  occupants,  to ensure the  provision  of adequate refuse, recycling and  cycle storage  in the interests of highway safety, residential and visual  amenity as  set  out  in  the  National  ...  view the full minutes text for item 787.

Proposal: Change of use from dwelling (Class C3) to children's residential care home (Class C2) with associated installation of decking area to rear.

Applicant: Syrie Cox

Agent: Steven Kearney of SKArchitects

Cllr Jones withdrew from the meeting for this agenda item.

Mr Andreas Iacovou spoke as an objector the application. Ms Syrie Cox responded.

Resolved: -

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01.      The development hereby permitted shall begin not 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 is hereby permitted in accordance with the following approved plans: 680 P01, 680 P02.

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

03.      Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) the development hereby approved, for purposes falling within Class C2, shall only be occupied as a residential care home for up to 5 residents aged between 11 and 18 and up to 4 members of staff. The site shall not be used for any other purpose, including any other purpose within Use Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to retain control of the use within the Use Class specified so that occupation of the premises does not prejudice amenity, and to avoid an overprovision or otherwise unsustainable provision of residential care uses, in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policy DM9 of the Southend-on-Sea Development Management Document (2015).

04.      Prior to first use of the premises as a residential care home (use class C2), details of secure cycle storage shall have been submitted to and agreed in writing by the Local Planning Authority. The secure cycle storage shall be provided at the site for the use of staff and residents in accordance with the agreed details before the use hereby permitted commences and be retained in perpetuity for the lifetime of the development thereafter.

Reason: In the interests of accessibility further to the National Planning Policy Framework, Policies KP2, CP3 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policy DM15 of the Southend-on-Sea Development Management Document (2015).

05.      Prior to first use of the premises as a residential care home (use class C2), details of refuse storage shall have been submitted to and agreed in writing by the Local Planning Authority. The approved refuse storage arrangements shall be provided at the site for the use of staff and residents in accordance with the agreed details before the use hereby permitted commences and be retained in perpetuity for the lifetime of  ...  view the full minutes text for item 788.

Proposal: Application to vary condition number 13 to remove the requirement for the front bay window to be glazed with obscure glass (Minor Material Amendment of planning permission 19/00390/FUL dated 03.05.2019) (Retrospective).

Applicant: Mr & Mrs G Allison

Agent: Mr Tim Knight

Resolved: -

That PLANNING PERMISSION be REFUSED for the following reason:

The retention of the clear glazed first floor flank window would result in continued harmful levels of actual and perceived overlooking of the neighbouring garden area and habitable accommodation at No.73 Chalkwell Esplanade to the detriment of neighbours’ amenity in terms of a material loss of privacy. This is unacceptable and contrary to the National Planning Policy Framework, 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 Design and Townscape Guide (2009).

Informative:

The existing clear glazed first floor window is unauthorised and failure to resolve this issue is likely to result in the council considering the expediency of enforcement action to remedy the currently identified harm.

Proposal: Enlarge existing outbuilding (garage) and use for tutoring/schooling (Retrospective).

Applicant: Mr King

Agent: Mr Luis Mulry of Edith Garland Architecture

Resolved: -

That PLANNING PERMISSION be REFUSED and ENFORCMENT ACTION (with a compliance period of 3 months) be authorised to require cessation of the unauthorised educational use for the following reasons:

01        The development has introduced a significant education use within a purely residential cul-de-sac to the material detriment of the character of site and the wider area. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Polices DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the National Design Guide (2019) and the Southend Design and Townscape Guide (2009).

02        The application fails to demonstrate that the development would not have a materially detrimental impact on the residential amenity of neighbouring occupiers as a result of noise and disturbance arising from activities and vehicle movements associated with the education element of the mixed use. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and Polices DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend Design and Townscape Guide (2009).

03        The application fails to demonstrate that the development would provide sufficient on-site parking and waiting facilities to meet the needs of future employees, occupiers and users of the premises, which would be likely to result in additional vehicles parked within the public highway, to the material detriment of parking conditions in the locality, highway safety and the free flow of traffic. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2019), Policies CP3 and CP4 of the Southend-on-Sea Core Strategy (2007) and Polices DM1, DM3 and DM15 of the Southend-on-Sea Development Management Document (2015).

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

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 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)  ...  view the full minutes text for item 790.

Proposal: Erect three single storey outbuildings to rear and covert existing outbuilding to be used as ancillary to main dwelling (Class use C3) (Retrospective).

Applicant: Mr Brian Ayling

Agent: N/A

Cllr Ayling withdrew from the meeting for this item.

Mr Newman spoke as an objector to the application. A written response  from Mr Ayling was read to the committee by an officer.

Resolved: -

That PLANNING PERMISSION be REFUSED for the following reasons:

01        The outbuildings, by virtue of their design, are not found to be ancillary to the main dwelling and represent an overdevelopment of the site to the detriment of its prevailing character. This is unacceptable and contrary to the National Planning Policy Framework (2019), Policies KP2 and 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 National Design Guide (2019) and the Southend Design and Townscape Guide (2009).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and clearly setting these out in the reason(s) for refusal. Furthermore, Members of the planning committee which took the decision to refuse planning permission based their view on a detailed report prepared by officers and have considered whether there are opportunities to amend the development to address this harm. Where a potential way forward has been identified, this has been communicated to the Applicant.

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 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.