Apologies for absence were received from Councillors M Berry (no substitute), F Evans (no substitute), N Folkard (Substitute: Councillor C Campbell), D Garston (no substitute) and D Richardson (no substitute).

The following interests were declared at the meeting:

(i) Councillor Borton – Minute No. 66 - Application Ref. No. 23/01645/BC4M (Alexander House, 21 Victoria Avenue, Southend-on-Sea) – met with the developer approximately 18 months ago in her role as Ward Councillor;

(ii) Councillor Campbell – Minute No. 66 - Application Ref. No. 23/01645/BC4M (Alexander House, 21 Victoria Avenue, Southend-on-Sea) – Has made comments to the press about this application (withdrew);

(iii) Councillor Ward – Minute No. 65 - Application Ref. No. 24/01320/FULH (47 Olivia Drive, Leigh-on-Sea) – Agent is known to him; and

(iv) All Councillors present at the meeting – Minute No. 65 - Application Ref. No. 24/01320/FULH (47 Olivia Drive, Leigh-on-Sea, Essex SS9 3EF) – Applicant is a member of staff and is known to them.

Resolved:-

That the Minutes of the Meeting held Wednesday, 18^th September 2024 be confirmed as a correct record and signed.

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.

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: Erect single storey rear extension

Applicant: Mr Nick Brown

Agent: Mr Marc Bloxham

Resolved:-

That 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: 1030-01 (Rev A), 1030-02 (Rev A), 1030-03 (Rev A), 1030-04 (Rev A).

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 The roof of the development hereby approved shall not be used as a balcony, roof garden or terrace or for any other purpose at any time without planning permission being granted by the Local Planning Authority. The roof can however be used for the purposes of maintenance or to escape in the event of an emergency.

Reason: To ensure the development has an acceptable design and protects the amenities of neighbouring occupiers in accordance with policy DM1 of the Development Management Document (2015).

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 Levy.

2 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.

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.

Proposal: Demolish existing car park to rear, erect 11-15 storey extensions to front and rear of existing building to create new wings, erect two additional storeys to the top of the existing building and change use of office building (Use Class E) to residential (Use Class C3) to provide 557 self-contained flats, with balconies or terraces and communal amenity space across rooftop gardens, provide 875sqm of commercial floorspace (Use Classes E) at ground floor level, 299 parking spaces within a basement, ground and first floor car park accessed from Baxter Avenue with associated cycle storage, close existing vehicular access on to Victoria Avenue and reinstate footway, form loading bays, alterations to highway, public realm alterations and associated landscaping

Applicant: Mr Oliver Wheeler of Savills [on behalf of Comer Homes Ltd.]

Agent: Mr Oliver Wheeler of Savills

Resolved:-

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

01. Education - Secondary education contribution of £317,897.67 towards improvements to Southchurch Academy or other nearby secondary school as required.

02 Affordable Housing – 56no units (33no x 1-bed, 19no x 2-bed, 4no x 3-beds) in shared ownership plus a Late-Stage Viability Review Mechanism with a cap of £8,692,315.36 for a financial contribution in lieu of on-site affordable housing provision.

03. Ecology Mitigation - RAMS contribution of £163.86 per unit – 557 x £163.86 = £91,270.02.

04 Highways:

• Residential and Commercial Travel Plans and Provision of Travel Information Packs to all residents which will include at least:

- 4 x travel cards for use on local buses valid for 2 weeks;

- 4 x season tickets for use on c2c or Greater Anglia train lines valid for 1 week;

- Free car club membership valid for 1 year;

- 10 car club driving hours for those eligible;

•Travel Plan monitoring fee of £8000 per year for 5 years. (£4000 each for both the Residential and Commercial Travel Plans);

• £4,000 contribution to provide taxi rank enhancements across the city;

• £2,000 contribution for taxi rank conversion works;

• £45,000 contribution to improve / refurbish existing bus stop infrastructure including real time information infrastructure at Victoria Gateway;

• Agreement to provide 1 Car Club vehicle at the site prior to first occupation of the 20th residential unit, 2 Car Club vehicles prior to first occupation of the 250th unit and 3 Car Club vehicles prior to first occupation of the 500th unit.

05. S106 Monitoring Fee - Maximum £10,000.00.

(b) That the Executive Director (Environment and Place), Director of Planning and Economy or Service Manager - Development Management and Enforcement be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the section 106 Agreement referred to above and subject to the conditions set out below provided any additional representations received up to the end of 31.10.2024 do not raise any new material considerations which have not been addressed within the report.  ...  view the full minutes text for item 66.

Proposal: Erect one additional storey to existing Dwellinghouse (Prior Approval for upwards extension)

Applicant: Mr and Mrs Thornton

Agent: Mr Jeremy Butterworth of J Butterworth Planning

Resolved:-

That PRIOR APPROVAL is REQUIRED AND PRIOR APPROVAL is GRANTED subject to the following Condition:

01 The development hereby permitted shall be carried out only in accordance with the following approved plans: MA208-P-001 Revision A & MA208-P-002 Revision A.

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and impact on neighbour amenity and complies with Policy DM1 of the Development Management Document (2015) and the provisions of Class AA Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

Informatives

01. Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and it is the responsibility of the landowner(s) to ensure they have fully complied with the requirements of these regulations. A failure to comply with the CIL regulations in full can result in a range of penalties. For full planning permissions, a CIL Liability Notice will be issued by the Council as soon as practicable following this decision notice. For general consents, you are required to submit a Notice of Chargeable Development (Form 5) before commencement; and upon receipt of this, the Council will issue a CIL Liability Notice including details of the chargeable amount and when this is payable. If you have not received a CIL Liability Notice by the time you intend to commence development it is imperative that you contact S106andCILAdministration@southend.gov.uk to avoid financial penalties for potential failure to comply with the CIL Regulations 2010 (as amended). If the chargeable development has already commenced, no exemption or relief can be sought in relation to the charge and a CIL Demand Notice will be issued requiring immediate payment. Further details on CIL matters can be found on 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).

02. You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission, the 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.

03. The applicant’s attention is drawn to the condition under sub paragraph 2(a) of section AA.2 of Class AA Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) that the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse.

04. The applicant’s attention is drawn to the condition under sub paragraph 2(b) of section AA.2 of Class AA  ...  view the full minutes text for item 67.

Breach of Planning Control: Erection of external staircase and associated platform to the rear

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 staircase and associated platform to the rear; and

b) Remove from site all materials and debris resulting from compliance with requirement (a) above.

With time for compliance of three (3) calendar months.

For the following reason:

The unauthorised development gives rise to undue overlooking and loss of privacy to the adjoining and nearby neighbouring occupiers causing significant harm to residential amenity of occupiers at Nos 88 and 92 Alexandra Road, Nos 10, 11 and 12 and 13 Runwell Terrace and No 30 Cambridge Road. The unauthorised development is therefore unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), Development Management Document (2015) Policies DM1 and DM3 and the guidance contained within the Southend-on-Sea Design and Townscape Guide (2009).