Apologies for absence were received from Councillor Cowan (substitute: Councillor Cowdrey).

The following interest were declared at the meeting:

(i) Councillor Beck – Application No. 21/00312/FUL - Wimpy, 40B - 42 Marine Parade, Southend on Sea – Non-pecuniary interest: has responded to objectors in respect of the application;

(ii) Councillor Buck – Application No. 21/00781/FUL - Meyrin House, 35 Hobleythick Lane, Westcliff on Sea – Non-pecuniary interest: Has received correspondence with residents in the Ward;

(iii) Councillor Cowdrey – Application No. 21/00312/FUL - Wimpy, 40B - 42 Marine Parade, Southend on Sea – Non-pecuniary interest: Has given advice to residents on how to make a comment or objection on the application;

(iv) Councillor Cowdrey – Application No. 21/00641/FUL - Land at Marks Court, Southend on Sea – Non-pecuniary interest: Sought clarification from planning officers on behalf of residents and gave advice to them accordingly;

(v) Councillor Dent – Application No. 21/00312/FUL - Wimpy, 40B - 42 Marine Parade, Southend on Sea – Non-pecuniary interest: Has been in correspondence from objectors and the applicant;

(vi) Councillor Dent – Application No. 21/00641/FUL - Land at Marks Court, Southend on Sea – Non-pecuniary interest: Has given advice to objectors;

(vii) Councillor F Evans – Application No. 21/00781/FUL - Meyrin House, 35 Hobleythick Lane, Westcliff on Sea – Non-pecuniary interest: Knows the speaker who has objected to the application as former Councillor and Mayor of the Borough;

(viii) Councillor D Garston – Application No. 21/00641/FUL - Land at Marks Court, Southend on Sea – Non-pecuniary interest: Son owns flats in the St Mark’s Court development;

(ix) Councillor D Garston – Application No. 21/00781/FUL - Meyrin House, 35 Hobleythick Lane, Westcliff on Sea – Non-pecuniary interest: Has received correspondence from objectors and knows the speaker who has objected to the application as former Councillor and Mayor of the Borough;

(x)  Councillor Jones – Application No. 21/00781/FUL - Meyrin House, 35 Hobleythick Lane, Westcliff on Sea – Non-pecuniary interest: Lives next door to an HMO;

(xi) Councillor Wakefield – Application No. 21/00641/FUL - Land at Marks Court, Southend on Sea – Non-pecuniary interest: Had undertaken work on behalf of the management agent of St Mark’s Court;

(xii) Councillor Wakefield – Application No. 21/00781/FUL - Meyrin House, 35 Hobleythick Lane, Westcliff on Sea – Non-pecuniary interest: Owns an HMO;

(xiii) Councillor Walker – Application No. 21/00781/FUL - Meyrin House, 35 Hobleythick Lane, Westcliff on Sea – Non-pecuniary interest: Knows the speaker who has objected to the application as former Councillor and Mayor of the Borough; and

(xiv)  Councillor Ward – Application No. 21/00312/FUL - Wimpy, 40B - 42 Marine Parade, Southend on Sea – Non-pecuniary interest: Has Spoken with the applicant regarding the application.

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 upper floors, erect three storey building over existing ground floor restaurant to form 9no. self-contained flats with balconies to rear and associated bin and cycle storage

Applicant: Mr G Gill

Agent: Mr Andrew Cooke of Dovetail Architects Ltd

Mr N Kullman, a local resident, spoke as an objector to the application.  Mr A Cooke, the applicant’s agent, responded.

Resolved:-  That planning permission be GRANTED subject to the following conditions:

General 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 be carried out in accordance with the approved plans: 4083_L01, 4083_PL01, 4083_PL02, 4083_PL03, 4083_PL04, 4083_PL05, 4083_PL06, 4083_PL07, 4083_PL08, 4083_PL09, 4083_PL10.

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 site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the proposed building 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) and the Design and Townscape Guide (2009).

Living Conditions

04  The use of the ground floor unit shall be solely within Use Class E as defined within the Town and Country Planning (Use Classes) Order 1987 as amended.

Reason: To determine the scope of the permission in the interest of the character and functionality of the area in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP1, Development Management Document (2015) Policies DM10, DM11 and DM12 and Southend Central Area Action Plan (2015) Policies DS1 and PA1.

05  The hours of operation of the ground floor commercial unit shall be 7 am to 11 pm.

Reason: In the interest of the living conditions of future occupiers in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

06  Prior to the first use of the commercial unit hereby approved, a detailed vibration and noise assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall include vibration and noise mitigation measures where needed along with a verification of their effectiveness on site after they have  ...  view the full minutes text for item 120.

Proposal:  Erect dormer to front to form habitable accommodation in the loftspace (amended proposal)

Applicant: Steven Dore

Agent: N/A

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: P01C, P02A.

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

03  All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction 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 building makes a positive contribution to the character and appearance of the area.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1, and advice in the Southend-on-Sea Design and Townscape Guide (2009).

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 proposed extension(s) to your property 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 CIL.

2.  You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may 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 Borough.

Proposal:  Erect three storey building comprising of four self-contained flats with terraces to first floor east elevation, associated amenity space, parking, cycle spaces and refuse store

Applicant: RG Airspace Developments Limited

Agent: Davies Murch

Mrs L Stevens, a local resident, spoke as an objector the application.  Mr J Murch, 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 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: WP-0758-A-0001 Revision A; WP-0758-A-0002 Revision A; WP-0758-A-0003 Revision A; WP-0758-A-0100 Revision B; WP-0758-A-0110 Revision B; WP-0758-A-0111 Revision B; WP-0758-A-0200 Revision B; WP-0758-A-0201 Revision B; WP-0758-A-202 Revision B; WP-0758-A-0203 Revision B; WP-0758-A-0204 Revision B; WP-0758-A-0300 Revision B; WP-0758-A-DAS.

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

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 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 (2019), 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).

04  Prior to the first occupation of the dwellings hereby approved, full details of both hard and soft landscaping works to be carried out at the site must be submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be carried out in accordance with the approved details 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 limited to:-

i.  means of enclosure, of the site including any gates or boundary fencing; 

ii.  car parking layouts; 

iii.  other vehicle and pedestrian access and circulation areas; 

iv.  hard surfacing materials; 

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

vi. details of measures to enhance biodiversity within the site;

Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased  ...  view the full minutes text for item 122.

Proposal: Change of use from care home (Class C2) to 15 bed HMO (Sui Generis) with associated amenity space, parking, cycle and bin store

Applicant: Vivienne Goddard

Agent: Union 4 Planning

Mr R Price, a local resident, spoke as an objector to the application.  Miss V Goddard, the applicant, 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 hereby permitted shall be carried out in accordance with the following approved plans: Sht-1, Sht-2 Existing Plans, Sht-2 Proposed Plans, Sht-4, Sht-5.

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 Act 1990 (as amended) the building hereby approved shall not at any time be adapted to enable formation of more than 15 bedrooms and the property shall not have more than 15 persons residing in it at any one time. 

Reason: To ensure the use hereby approved would offer acceptable living conditions for its occupiers in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM8.

04  Notwithstanding the submitted plans otherwise hereby approved, the development shall not be brought into first use unless and until full details of appropriately sized, covered and ventilated refuse storage facilities for the development have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be provided and made available for use prior to first occupation of the HMO and shall be thereafter retained thereafter for the lifetime of the development.

Reason: In the interests of the living conditions of future occupiers, and the amenities of the area, further to the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the Design and Townscape Guide (2009).

05  Notwithstanding the submitted plans otherwise hereby approved, the development shall not be brought into first use unless and until full details of appropriately secure, covered cycle storage facilities for the development comprising provision for no fewer than 15 cycles, have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be provided and made available for use prior to first occupation of the HMO and shall be thereafter retained thereafter for the lifetime of the development.

Reason: In the interests of the living conditions of future occupiers, further to the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4.

06  The six existing car parking spaces in the areas shown on approved plan Sht-1 shall be available prior to the first use of the HMO hereby approved and retained for the lifetime of the development for  ...  view the full minutes text for item 123.

Breach of Control: Raised roof parapet and balustrade forming a roof terrace

Resolved:-  That ENFORCEMENT ACTION be AUTHORISED to:

(a)  require the unauthorised roof parapet and balustrade to be removed; 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 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 above works.