Agenda item

20/00737/FUL - 30-32 The Leas, Westcliff-on-Sea (Chalkwell Ward)

Minutes:

Proposal: Erect part 3/part 4 storey building with basement level comprising of 9 self-contained flats (Class C3 ) layout secure cycle/refuse stores and parking at basement level with landscaping to front and rear.

Applicant: Elmore Homes Limited

Agent: R Warren of SKArchitects

 

Resolved:-

 

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 and details 609-P01E, 609-P02F, 609-P03C, 609-P04A, 609-P05A, 609-P06B, 609-P07B, 609-P08E, 609-P09C, 609-P10B, 609-P11F, 609-P12B, 609-P13 (visual), 609-P14, 609-P15C, Materials List by SKArchitects ref 609 Rev A and Platform Lift Information by SKArchitects Ref 609.

 

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 carried out by by Ambiental Environmental Assessment reference 5364 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 Notwithstanding the details submitted and otherwise hereby approved, no development shall be undertaken unless and until full details of the existing and proposed site levels to include the proposed dwellings, forecourts and landscaped areas relative to the adjoining land and any other changes proposed in the existing levels of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented and completed in accordance with the approved details before it is occupied.

 

Reason: A pre commencement condition is required to safeguard the visual amenities of the site and wider area as set out in Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice contained within the Southend Design and Townscape Guide (2009).

 

05 The materials used for the external surfaces of the building shall be as detailed on plan reference 609-P15C and the Materials List prepared by SKArchitects reference 609 Rev A. 

 

Reason: To safeguard the visual amenities of the conservation area and wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM5 and DM6 and advice contained within the Southend Design and Townscape Guide (2009). 

 

 

06 The detailing for the front balconies and guttering of the development hereby approved shall be carried out in full accordance with plan references 609-P12B and 609-P15C before the development is occupied.

 

Reason: To safeguard the visual amenities of the conservation area and wider streetscene, in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM5 and DM6 and advice contained within the Southend Design and Townscape Guide (2009).  

 

07 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and construction to ground floor slab level shall take place until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the local planning authority. The approved hard landscaping works shall be carried out 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.  other vehicle and pedestrian access and circulation areas; 

iii.  hard surfacing materials; 

iv. minor artefacts and structures (e.g. street furniture, loggia, bollards, play equipment, refuse or other storage units, signs, lighting, etc.);

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 within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed with the Local Planning Authority.

 

Reason: To safeguard character and appearance of conservation area and wider streetscene in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

08 Prior to the commencement of the development hereby approved details of tree protection measures, in relation to the trees on, or adjoining, the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved tree protection measures 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 justified 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).

 

 

09 The development hereby approved shall not be occupied until and unless 11 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 609-P07B, together with properly constructed vehicular access to the adjoining highway, in full accordance with the approved plans.  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 9 secure, covered cycle parking spaces and the refuse and recycling store to serve the flatted development as shown on drawing 609-P07B  have been provided at the site in full accordance with the approved plans and made available for use for the occupiers of the flats hereby approved. The approved scheme shall be permanently retained for the storage of cycles and waste and recycling thereafter.  The waste management and servicing of the development shall be carried out in accordance with the submitted Waste Management Plan by SKArchitects.

 

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 No drainage infrastructure shall be installed at the site unless and until detailed designs of a surface water drainage scheme incorporating the following measures has been submitted to and agreed with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme shall be implemented in full before the development is first occupied. The scheme provided shall address the following matters:

 

i.          Provide a detailed drainage plan identifying the sustainable urban drainage (SuDS) features to be used, including their size and location, the destination of runoff, any runoff rate restrictions, and the proposed method of flow control;

ii.         Provide supporting calculations to demonstrate the hydraulic performance of the proposed SuDS for the 1 in 100 year plus 40% change event;

iii.        Provide evidence of consent from Anglian Water for the proposed discharge rate and connection location to the public sewer; and

iv.        Provide details of the management and maintenance for all SuDS and how they will be secured for the lifetime of the development (maintenance plan).

 

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).

 

 

 

12 A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied using on site renewable sources shall be submitted to, agreed in writing by the Local Planning Authority and implemented in full in accordance with the approved details prior to the first occupation of the dwellings hereby approved. This provision shall be made for the lifetime of the development.

 

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM2 and the Southend Design and Townscape Guide(2009).

 

13 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).

 

14 The east and west facing windows in the development hereby approved shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and permanently fixed shut and unopenable, except for any top hung light which shall be a minimum of 1.7 metres above internal floor level of the rooms served by those windows and shall be retained as such in perpetuity.  In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

 

Reason:  To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1, and advice contained within the Design and Townscape Guide (2009).

 

15 The development hereby approved shall be carried out in a manner to ensure the flats comply with building regulation M4 (2) ‘accessible and adaptable dwellings’, including the installation of the platform lift as detailed in the approved plan reference 609-P11 Rev F and Platform Lift Information by SKArchitects Ref 609, before they are occupied.

 

 

 

 

 

Reason: To ensure the residential units hereby approved provides a high quality and flexible internal layout to meet the changing needs of residents in accordance with National Planning Policy Framework (2019), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM8 and the advice contained in the Southend Design and Townscape Guide (2009).

 

16 Construction Hours 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 the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 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.

 

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 The applicant advised that an amendment to the existing traffic regulation order to the front of the site will be required when constructing the vehicle access. Please contact the Councils Highways Section to arrange this. 

Supporting documents:

 

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