Apologies for absence were received from Councillor C Mulroney (substitute: Councillor McMullan).

The following interest was declared at the meeting:

(i) Councillor Burton – Minute 124 (Application Ref. No. 22/00137/BRCN_B – 867 London Road, Westcliff-on-Sea) – Has been quoted in the local press in respect of this application (Withdrew).

Councillor Poulton declared he had received communication from both the applicant and agent regarding the application in respect (Application Ref. No. 25/00002/UNAU_B – 19 Blatches Chase, Eastwood).

Resolved:-

That, subject to the amendment detailed above, the Minutes of the meeting held on Wednesday, 26^th February 2025, be confirmed as a correct record and signed.

Resolved:-

That the Minutes of the Meeting held on Wednesday, 5^th March 2025 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.

Report of Executive Director (Environment and Place)

Proposal: Change of use from dwellinghouse (Class C3) to 9-bedroom HMO (Sui Generis), dormer to rear to form habitable accommodation, rooflights to front, demolish existing rear extension and erect single storey replacement rear extension, alterations to side elevation and refuse and cycle stores to rear (part retrospective

Applicant: Mr Pelivan Xheza

Agent: Mr James Clark of Concept Planning

Ms Courtney, a local resident, spoke as an objector to the application. The applicant, Mr Xheza, responded.

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: 949-101, 949-400 (Rev 02), 949-401, 949-402, 949-403, 949-404, Location plan.

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 provisions of the Town and Country Planning Act 1990 (as amended) the development and use of the building as a House in Multiple Occupation (HMO), subject of this permission, shall not at any time be adapted to enable formation of more than nine (9) bedrooms and the property shall not be occupied by more than nine (9) residents at any one time. 

Reason: To ensure the development hereby approved would offers acceptable living conditions for its occupiers and in the interest of parking and highway conditions in the locality in accordance with the National Planning Policy Framework (2024), Core Strategy (2007) Policies KP2 and CP4 and Development Management Document (2015) Policies DM1, DM3, DM8 and DM15.

04 Prior to the first occupation of the development hereby approved full details of appropriately secure and covered cycle storage facilities for at least 9 bicycles shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved facilities shall be provided in accordance with the approved details, made available for use prior to first occupation of the development hereby approved and shall be thereafter retained as such for the lifetime of the development.

Reason: To ensure the provision of adequate cycle parking for future occupiers and in the interest of visual amenity in accordance with the National Planning Policy Framework (2024), 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).

05 Prior to the first occupation of the development hereby approved a scheme for the means of appropriately sized and covered refuse and recyclable storage facilities together with a waste management plan shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The submitted waste management plan shall include but  ...  view the full minutes text for item 122.

Report of Executive Director (Environment and Place)

Proposal: Extend existing detached outbuilding to front, raise height of boundary fence on east elevation

Applicant: Mr & Mrs M 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 shall only be undertaken in accordance with the following approved plans: 2101-X00; 2101-X01-C; 2101-X-03-A; 2101-TP-03-A; 2101-TP-04-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 used 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 similar purpose at any time without planning permission having been granted. 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 character of the surroundings and the amenities of neighbouring occupiers in accordance with Policies DM1 and DM6 of the Development Management Document (2015).

05 The development hereby permitted shall not be used at any time other than for purposes ancillary to the enjoyment of the residential use of the dwelling known as Flat 1, 82 Undercliff Gardens, Leigh-on-Sea and shall not be used as an independent living unit for the perpetuity of the development.

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 National Planning Policy Framework (2024), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3, DM8 and DM15 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 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  ...  view the full minutes text for item 123.

Report of Executive Director (Environment and Place)

Breach of Planning Control: Erection of gabled roof extension with balcony to front, increase of ridge height and erection of rear “L”-shaped flat-roofed dormer.

Resolved:-

That ENFORCEMENT ACTION be AUTORISED 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 front gabled roof extension in its entirety;

AND

b) Remove the rear “L”-shaped dormer in its entirety;

AND

c) Restore the building to its condition before the breach took place;

OR

d) Construct the front and rear roof extensions in full accordance with the plans approved under planning permission 21/00111/AMDT or 21/01920/AMDT.;

AND

e) Remove from site all materials resulting from compliance with a) and b) and c) or d) above.

With time for compliance of 6 calendar months.

For the following reason:

01 The position, design and scale of the front gabled roof projection and the rear dormer are materially at odds with the prevailing townscape, forming unduly dominant and incongruous features which are not well integrated with their surroundings to the significant detriment of the character and visual amenities of the site, locality and the wider townscape. This is unacceptable and contrary to the National Planning Policy Framework (2024), National Design Guide (2021), 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 Southend-on-Sea Design and Townscape Guide (2009).