Proposal: Application to vary conditions 02 (materials). 03 (hard and soft landscaping), 04 (landscape maintenance), 05 (telecoms equipment), 06 (extraction, filtration, air con, ventilation/refrigeration equipment) and 07 (car parking and cycle storage)-various site changes comprising of increases to car parking and cycle spaces, revisions to landscaping areas, new residents entrance, waiting area, concierge service, residents community/meeting room and gym – Minor Amendment of planning permission 06/00598/FUL allowed on Appeal dated 03.10.2007

Applicant: Randall Watts

Agent: Steven Kearney of SKArchitects

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:

1.     Public Accessible Area – Design as shown on drawings reference 279-03-15- 6202A and 279-03-15-6088H to be provided and permanently maintained.

2.     Victoria Avenue Works - Design as shown on drawings reference 8715-04-CRH-XX-00-DR-C-4103-P1, 8715-04-CRH-XX-00-DR-C-4002 – P1 and  8715-04-CRH-XX-00-DR-C-4003 – P1 - noted as completed.

3.     Public Art lighting scheme - Design as shown on drawing reference 279-03-15-6088H to be permanently retained and maintained.

4.     Residents Community Facility –  Facilities including communal lobby, meeting room and residents gym as shown on drawing reference 279-03-15- 6202A  to be permanently retained and maintained.

5.     Management Strategy for the site including buildings, car park, refuse and outside areas including public access area and public art to be submitted, agreed and implemented in accordance with the approved document. 

6.     Travel Plan for the site to be submitted, agreed and implemented in accordance with the approved document

7.     Affordable Housing – 52 shared ownership units on floors 1-7 of Richmond House as shown on drawings reference 279-03-15-4(15) F01 and 279-03-15-4(16) F01 to be provided and permanently maintained. The affordable housing contribution is to be noted as paid in full.

(b) That the Interim Director for Planning  or Group Manager of Planning and Building Control be delegated authority to GRANT PLANNING PERMISSION subject to the completion of the section 106 agreement referred to in part (a) above and subject to the conditions set out below.

(c)        In the event that the planning obligation referred to in part (a) above has not been completed by 9th November 2020 (or an extension of this time as may be agreed by the  Interim Director for Planning  or Group Manager Planning and Building Control, the  Interim Director for Planning  or Group Manager Planning and Building Control be authorised to refuse planning permission for the application on the grounds that the development would not provide for affordable housing, highway works, travel plan, a publicly accessible area, a public art provision or appropriate management of the site and that as such the proposal would be unacceptable and contrary to Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 of the Development Management Document (2015).

01 The development shall be carried solely out in accordance with the approved plans:  279-03-15-6084B, 279-03-15-6085E, 279-03-15-6103A, 279-03-15-6202A, 279-03-15-6203A, 279-03-15-6204A,  279-03-15-6205A, 279-03-15-6206A, 279-03-15-6207, 22855-A-02-PL-001 Rev A, 22855-A-PL-03P-001-000 Rev A, 22855-A-PL-03P-002 Rev A, 22855-A-PL-03P-003 Rev A, 22855-A-PL-03P-004 Rev A, 22855-A-PL-03P-005 Rev A, 22855-A-PL-03P-006 Rev A, 22855-A-PL-03P-007 Rev A, 22855-A-PL-03P-008 Rev A, 22855-A-PL-03P-009 Rev A, 22855-A-PL-03P-010 Rev A, 279-03-15-6088H 

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

02 The materials used for the external surfaces of the building shall be as detailed on plan reference 279-03-15-6203, 279-03-15-6204 and 279-03-15-6205

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

03 Within 4 months of the date of this decision the landscaping for the development hereby approved shall be carried out in full accordance with the approved landscaping plans reference 297-03-15-6103 Rev A, 279-03-15-6084 Rev B, 279-03-15-6085 Rev E, 279-03-15-6088H and the associated landscape management plan entitled Garden Specification Beaumont and Richmond House by iv Property Management. If any tree, shrub or plants are removed or found to be dying, severely damaged or diseased within 5 years of planting them they must be replaced with trees, shrubs or plants of a similar size and species. 

Reason:  In the interests of visual amenity and to ensure the development makes a positive contribution to the character and appearance of the area.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1and DM3 and The Design and Townscape Guide (2009). 

04 The 180 residents car parking spaces, including 1 disabled parking space and 7 visitor parking spaces, including 2 disabled visitor car parking spaces, shall be permanently retained at the site and made available for use solely  for occupiers of the residential units hereby approved and visitors to the site in full accordance with the details shown on drawing 279-03-15-6202A. 

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).

05 The 280 cycle parking spaces shall be permanently retained at the site and made available for use solely for occupiers of the residential units hereby approved and visitors to the site in full accordance with drawing 279-03-15-6202A. 

Reason: To ensure that satisfactory cycle parking facilities are provided at the site in the interest of sustainability and amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP3, Policies DM1, DM8 and DM15 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

06 The refuse and recycling stores as shown on plan reference 279-03-15-6202A shall be retained in perpetuity for use solely for the storage of refuse and recycling for the occupiers of the site . Refuse Management at the site shall be carried out in full accordance with the Beaumont and Richmond Waste Management Plan by B&R Property Management Ltd in perpetuity.

Reason:  To ensure the provision of adequate refuse and recycling storage in accordance with Policies DM3, DM8 and DM15 of Development Management Document (2015).

07 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 Schedule 2 Part 16 (or any other revoking and re-enacting that Order with or without modification), no telecommunications equipment shall be installed above the highest part of the roof of either building.

Reason: In the interests of aircraft safety and to safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

08 No dust or fume or filtration equipment or air conditioning, ventilation or refrigeration equipment shall be installed at the site until details of its design, siting, discharge points and predicted acoustic performance and any odour and noise mitigation to be installed as part of this equipment have been submitted to and approved in writing by the local planning authority. The equipment shall be installed in full accordance with the approved details and thereafter be retained as such.

Reason: To safeguard the amenities of residents and the character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

09 The ground floor areas marked as ‘shop use class A1’ (2 units), ‘professional services office use class A2’  and ‘café use class A3’ herby approved, as identified on plan reference 279-03-15-6202A, shall only be occupied for purposes falling within Use Classes A1, A2 and A3 as defined under the Town and Country Planning (Use Classes) Order 1987 on the date this application was submitted. These units shall not be used for any other purpose, including any purpose permitted under amendments to the Town and Country Planning (Use Classes) Order 1987 since the application was submitted nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provisions equivalent to those in any statutory instrument revoking and re-enacting these Orders, with or without modification.

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to retain control of the use of the floorspace within the Use Class specified so that occupation of the premises does not prejudice amenity and wider objectives of the planning system, in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

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

01 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.

02 This permission is governed by a legal agreement between the applicant and the Borough Council under Section 106 of the Town and Country Planning Act 1990.  The agreement relates to affordable housing, public access areas, public art, highway works, residents community facility, management strategy and a Travel Plan.

03 The applicant is encouraged to provide electric vehicle charging points at the site in accordance with Policy DM15 which encourages their provision wherever practical and feasible.