Apologies for absence were received from Councillors Garston (substitute: Councillor Harland), Anne Jones (substitute: Councillor Ferguson) and Poulton (substitute; Councillor Collins) and Councillor Longstaff (no substitute).

The following interest was declared at the meeting:

(i) Councillor Berry – Minute No. 114 (Application Ref No. 24/01115/AMDT - Land at Fossetts Farm, Sutton Road, Southend-on-Sea) and Minute No. 115 (24/02032/DOV - Land at Fossetts Farm, Sutton Road, Southend-on-Sea) – Was one of the leading figures of the “Fossetts for the People” Campaign – Withdrew.

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: Application to vary Conditions 02 (approved parameter plans) and 08 (details of public open space) to allow for changes in layout (Material Amendment to outline planning permission ref. 20/00337/OUTM)

Applicant: Mr Ian McFaul of Keepmoat Homes Ltd

Agent: Miss Kate Holland of Invicta Planning

Resolved:-

That PLANNING PERMISSION be GRANTED subject to the following conditions and subject to the S106 Legal Agreement dated 30 September 2022 and previously signed pursuant to outline permission ref. 20/00337/OUTM which due to its wording, carries forward with this S.73 application, subject to the changes in the previous Deed of Variation (ref. 23/01656/DOV) dated 10 July 2024 and as may be subsequently amended under Deed of Variation ref. 23/01656/DOV which is to be considered separately:

General Conditions

01. Details of the appearance, layout, scale and 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 30th September 2025. 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 and parameter plans: Location Plan: 12605_ACQ_Rev B Parameter Plans: CB_11_321_PARAM_001 Rev A (Framework Parameter Plan), CB_11_321_PARAM_002 Rev A (Land Use Parameter Plan), CB_11_321_PARAM_003 Rev A (Green Infrastructure Parameter Plan), CB_11_321_PARAM_004 Rev A (Building Heights Parameter Plan), CB_11_321_PARAM_005 Rev A (Density Parameter Plan), CB_11_321_PARAM_006 Rev A (Access and Movement Parameter Plan).

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

Heritage Related Conditions

03. The details of the archaeological written scheme in as far as they relate to the initial site preparation works only shall be undertaken in strict accordance with the details previously submitted to and approved in writing by the Local Planning Authority under the terms of approval of details application ref. 24/00294/AD or any other details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. Other than the approved preliminary and site preparation works, no development shall take place unless and until a full archaeological written scheme of investigation for a programme of archaeological work including a programme of archaeological recording and analysis, a watching brief and details of the measures to be taken should any archaeological finds be discovered for any works, has been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The approved archaeological written scheme of investigation /  ...  view the full minutes text for item 114.

Proposal: Modification of planning obligation (Section 106 agreement) dated 30th September 2022 pursuant to application 20/00337/OUTM dated 30.09.2022 to modify Biodiversity Net Gain (BNG)

Applicant: Keepmoat Homes and Homes England

Agent: Kate Holland of Invicta Planning

Resolved:-

(a) That the Council enters into a Planning Obligation by Deed of Variation under Section 106 of the Town and Country Planning Act 1990 (as amended) to allow the following modifications to the Deed of Agreement dated 30th September 2022 pursuant to outline planning permission 20/00337/OUTM and as amended by Deed of Variation ref. 23/01656/DOV dated 10th July 2024:

(i) The Biodiversity Net Gain (BNG) requirement is changed to require a financial contribution of £400,000 to be paid to the Local Planning Authority, with £150,000 paid prior to the commencement of the development on the site, £125,000 paid prior to the commencement of the 47th dwelling on the site and £125,000 paid prior to the commencement of the 81st dwelling on the site. [Commencement of the development is defined in the S106 agreement, as “the date on which any material operation (as defined in Section 56(A) of the Act) forming part of the Development begins to be carried out other than…operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements…”] The £400,000 is to be retained by the Council for a period of up to 30 years, from its receipt and is to be spent on any of the following biodiversity enhancements within the City of Southend-on-Sea:

• Improve biodiversity by continuing to implement wildlife friendly schemes and management within the city’s parks and green spaces.

• Improve the existing number of Green Corridors within the city.

• Continue to deliver subsidised donated tree scheme.

• Create a network of community orchards.

• Creation of wildflower grassland and bulb planting.

• Planting of native and / or wildlife friendly scrub, shrubs and perennials.

• Planting of native and / or wildlife friendly trees including flowering orchard species.

• Planting of native and / or wildlife friendly climbers.

• Native woodland creation and / or enhancement.

• Enhancement of blue corridors through pond or scrape creation.

• Creation of reptile refuges and hibernacula within open green spaces and parkland.

• Nesting enhancement for invertebrates through measures such as installation of bee bricks, insect nesting aids and bug hotels.

• Enhancements for nesting birds through installation of nest boxes within new and existing buildings and onto suitable trees within parkland and open green spaces. Both generalist and priority species should be targeted such as swifts, house martins and house sparrows.

• Enhancements for roosting bats through installation of bat boxes within new and existing buildings and onto suitable trees within parkland and open green spaces.

• To fund or part fund an Ecologist or  ...  view the full minutes text for item 115.

Proposal: Change of Use from 6 person HMO (Class C4) to 10 person HMO (Sui Generis), retain lightwells to front and side, retain cladding to front dormer, retain rooflights to front (Part retrospective)

Applicant: Mr McBain

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 shall be carried out and retained in accordance with the following approved plans: 0402, 0403 Revision B, 0300 Revision D, 0500.

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 subject of this permission shall not at any time be adapted to enable formation of more than ten (10) bedrooms and the property shall not be occupied by more than ten (10) residents at any one time with all ten (10) bedrooms for single occupancy only.

Reason: To ensure the use hereby approved accords with the development sought, is commensurate with the absence of any on-site parking provision and would offer acceptable living conditions for its occupiers in accordance with the National Planning Policy Framework (2024), Core Strategy (2007) Policies KP2 and CP4, and Development Management Document (2015) Policies DM1, DM3, DM5 and DM8.

04 Notwithstanding the information submitted with this application, prior to the first occupation of the development hereby approved, full details (including elevations) shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition identifying the provision of secure and enclosed refuse, recycling and cycle storage for the approved development at the site. The approved refuse, recycling and cycle storage shall be provided in full and made available for use by the occupants of the approved development prior to its first occupation and shall be retained as such for the lifetime of the development.

Reason: To ensure adequate waste and cycle storage provision and in the interests 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), the Southend-on-Sea Design and Townscape Guide (2009), and the Waste Storage, Collection and Management Guide for New Developments (2019).

05 A scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority under the terms of this condition and implemented in full prior to the first occupation of the  ...  view the full minutes text for item 116.