Proposal:       1. Convert existing farm buildings into 2 dwelling houses

2. Convert existing farm buildings into 2 dwelling houses (Listed Building Consent)

Applicant: Mr David Dedman

Agent: Mr Steven Kearney of SKArchitects

 

Cllr Wakefield withdrew from the meeting for this agenda item.

 

Resolved:-

 

1.    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 504_P300F, 504_P301F, 504_P302F, 504_P303F, 504_P304F, 504_P305F, 504_P306F, 504_P307F, 504-P309F, 504_P308F, 504_P310F, 504_P311F, 10186-01, 10186-02, 10186-03, 10186-04.

 

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

 

03 The development hereby approved shall be carried out in full accordance with the mitigation measures identified in the Flood Risk Assessment by SLR reference 402.08714.00004 and plan reference 504_3111F before the approved dwellings are occupied and the recommended mitigation measures shall be maintained for the lifetime of the development.

 

Reason: To ensure the site is protected to the standard that the development is designed and modelled to within the submitted Flood Risk Assessment National Planning Policy Framework and policy KP2 of Core Strategy.

 

04 The materials used for the development hereby approved shall be as specified  on plans reference 504_P303F, 504_P304F , 504_P306F , 504_P308F  and 504_P309F.   

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

05 The retention and re siting of the existing historic features impacted by the development hereby approved shall be carried out in full accordance with  the specifications set out in the Gazetteer of Historic Features reference 504 revision A and plans reference 504_309F and 504_310F and the email from the agent dated 30.07.20  regarding doors, raised beams and hay racks before the development is occupied.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

06 The soft  landscaping at the site shall be carried out in full accordance with the details and specifications shown in landscaping plan reference 504_P302F before the dwellings hereby approved are occupied. The surfacing of the courtyard, parking spaces and driveway shall remain as the existing surfacing.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

07 Prior to the commencement of the development hereby approved tree protection measures, as set out in the Arboricultural Impact Assessment by Owen Allpress reference 1921 dated 16.02.20 shall be implemented in full prior to commencement of the development and shall be retained throughout construction of the development.

 

Reason:  A pre commencement condition is required to ensure the trees to the west of the site are adequately protected during building works in the interests of visual amenity and in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).

 

08 Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking, re-enacting or modifying that Order), there shall be no  formation of new marked or treated boundaries of any kind within the site including to separate the main farmhouse from the courtyard.

 

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM5 of the Development Management Document  (2015).

 

09 The development hereby approved shall not be occupied until and unless 2 car parking spaces have been provided at the site and made available for use solely for occupiers of the residential units hereby approved and their visitors all in accordance with the details shown on drawing 504_P310F.  The parking spaces shall be permanently retained thereafter solely for the parking of occupiers of and visitors to the development.

 

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 Council’s Development Management Document (2015).

 

10 The development hereby approved shall not be occupied until and unless the store containing at least 2 secure, covered cycle parking spaces and the refuse and recycling stores, as shown on drawing 504_P303F, have been provided at the site in full accordance with the approved plans and made available for use for the occupiers of the dwellings hereby approved. The approved scheme shall be permanently retained for the storage of cycles and waste and recycling thereafter. 

 

Reason: To ensure that adequate refuse and recycling storage cycle parking is provided and retained to serve the development in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policies DM8 and  DM15 of the Development Management Document (2015).

 

11 Prior to occupation of the dwellings hereby approved, appropriate water efficient design measures as set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to not more than 105 litres per person per day (lpd) (110 lpd when including external  water  consumption), to include measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be implemented for the development and thereafter retained in perpetuity.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice contained within the Southend Design and Townscape Guide (2009).

 

 

12 Prior to any drainage infrastructure being installed, in accordance with the latest submitted Technical Note (9th  March 2020, SLR Ref: 402.08714.00004 Ref: TN01 00) detailed designs of a surface water drainage scheme incorporating the following details shall be submitted to and agreed with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme shall be implemented in accordance with the approved details prior to the first occupation of the development. The scheme shall address the following matters:

 

•           Provide clarification of the location and type of outfall connection with pipe sizes and invert levels.

•           Provide evidence of consent from the Environment Agency for the proposed works which require a permit.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with Policy KP2 and CP4 of the Core Strategy (2007) and  Policy DM2 of the Development Management Document (2015).

 

13 Prior to the occupation of the approved dwellings a noise Impact assessment must be conducted by a competent person to assess the potential impact of noise from London Southend Airport and existing commercial, industrial and premises on the proposed dwelling. The assessment must be made using the appropriate standards for noise sources and recognised standards and best practice in order to make the dwelling fit for its proposed use. The noise impact assessment must  include any necessary mitigation measures needed to achieve the required standards and shall be submitted to the local planning authority for approval in writing before the development is occupied. Any agreed mitigation must be installed before the development is occupied and be maintained thereafter.

 

Reason: In order to protect the amenities of occupiers of the development in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

14 (a) Notwithstanding the details submitted and otherwise hereby approved, no development shall take place, other than that required to carry out additional necessary investigation which in this case may include demolition, site clearance, removal of underground tanks and old structures, and any construction until an investigation and risk assessment has been submitted to and approved in writing by the local planning authority. The risk assessment shall assess the nature and extent of any contamination on the site whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be submitted to and approved in writing by the local planning authority.

 

 

 

 

 

 

The report of the findings must include:

 

i) A survey of extent, scale and nature of contamination;

 

ii) An assessment of the potential risks to:

 

human health;

o          properly (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

o          adjoining land;

o          groundwaters and surface waters;

o          ecological systems;

o          archaeological sites and ancient monuments; and

o          an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

 

(b) Remediation Scheme: Notwithstanding the details submitted and otherwise hereby approved, no development shall be undertaken, other than where necessary to carry out additional investigation, until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. This must be conducted by a competent person and in accordance with DEFRA and the Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

 

(c) Implementation of Remediation Scheme: Notwithstanding the details submitted and otherwise hereby approved, no development shall be undertaken unless and until the measures set out in the detailed remediation scheme approved under part (b) of this condition have been implemented. The Local Planning Authority may give approval for the commencement of development prior to the completion of the remedial measures when it is deemed necessary to do so in order to complete the agreed remediation scheme. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced. This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency’s 'Model Procedures for the Management of Land Contamination, CLR11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

 

(d) Reporting of Unexpected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 7 days to the Local Planning Authority. Development must be halted on that part of the site until an assessment has been undertaken in accordance with the requirements of part (a) of this condition, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, has been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of part (b) of this condition. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority before the development is brought into use.

 

Reason: To ensure that any contamination on site is identified and treated so that it does not harm anyone who uses the site in the future and in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM14 of the Development Management Document (2015).

 

15 No development shall commence until a survey of the barn has been undertaken to determine whether bats or barn owls are present and the results of this  have been submitted to and approved in writing by the local planning authority. If bats or barn owls are found to be present, no conversion work shall take place until an acceptable mitigation scheme has been submitted to and approved in writing by the local planning authority. The development shall commence and proceed only in accordance with the approved mitigation scheme. No work including any clearance or demolition shall take place between 1 April and 1 October in any year.

 

Reason: A pre-commencement condition is requited to ensure any bats or barn owls utilising the site are adequately protected during building works in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy KP2 and Development Management Document (2015) policy DM2.

 

16 Construction Hours for the development hereby approved shall be restricted to 8am – 6pm Monday to Friday, 8am - 1pm Saturday and not at all on Sundays or Bank Holidays.

 

Reason: In the interests of visual amenity and the amenities of neighbours and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

?

Informatives:

 

01 Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). A Community Infrastructure Levy (CIL) Liability Notice will be issued as soon as practicable following this decision notice. This contains details including the chargeable amount, when this is payable and when and how exemption or relief on the charge can be sought. You are advised that a CIL Commencement Notice (CIL Form 6) must be received by the Council at least one day before commencement of development. Receipt of this notice will be acknowledged by the Council. Please ensure that you have received both a CIL Liability Notice and acknowledgement of your CIL Commencement Notice before development is commenced. Most claims for CIL relief or exemption must be sought from and approved by the Council prior to commencement of the development. Charges and surcharges may apply, and exemption or relief could be withdrawn if you fail to meet statutory requirements relating to CIL. Further details on CIL matters can be found on the Council's website at 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 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.

 

03 If construction works are to be considered outside of normal hours especially overnight it is recommended that the applicant applies for a prior consent application under section 61 of the Control of Pollution Act 1974. A consent enables the applicant to conduct the works without the worry of enforcement provided they comply with it. The applicant will have to submit details of any noisy works including type of plant and machinery to be used, proposed daily start and finish times, consultation with nearby residents and businesses and duration and time scales of the works. The applicant should contact the Regulatory Services Team at Southend-on-Sea Borough Council for details.

 

2.     That LISTED BUILDING CONSENT 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 18 of the Planning (Listed Building and Conservation Areas) Act 1990.

 

02 The development hereby permitted shall be carried out in accordance with the following approved plans 504_P300F, 504_P301F, 504_P302F, 504_P303F, 504_P304F, 504_P305F, 504_P306F, 504_P307F, 504-P309F, 504_P308F, 504_P310F, 504_P311F, 10186-01, 10186-02, 10186-03, 10186-04.

 

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

 

 

03 The materials used for the development hereby approved shall be as specified  on plans reference 504_P303F, 504_P304F , 504_P306F , 504_P308F  and 504_P309F.   

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

04 The retention and re siting of the existing historic features shall be carried out in full accordance with the details and specifications set out in the Gazetteer of Historic Features reference 504 revision A and plans reference 504_309F and 504_310F and the email from the agent dated 30.07.20  regarding doors, raised beams and hay racks.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

05 No electricity, gas or water meter boxes, soil ventilation pipes, air extraction pipes, air conditioning units, boiler flues, ventilation grills, ducting or telecommunication equipment shall be fixed to the exterior of the building without prior written approval of the local planning authority.

 

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM5 of the Development Management Document (2015).

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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.