Proposal:  Erect single storey rear and side extension, lean to porch to west elevation, install metal canopy to front with corrugated metal roof, metal balustrading to front and side elevations and alter elevations

Applicant:  Mr J Batson

Agent:  Mr Colin Stone of Stone Me Ltd

Mrs Sporton, a local resident, spoke as an objector to the application.  Mr Stone, the applicant’s agent, responded.

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 only in accordance with the following approved plans 1920-02G, 1920-04D, 1920-05C 1920-07a

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

03 The materials for the development hereby approved shall only be black painted metal framing and black painted corrugated metal sheeting (13/3 0.7 thick galvanized corrugated roofing sheets by Cladco Roofing) for the canopies, stained matt black timber featheredged weatherboarding for the walls, flat roof with matt black painted  timber fascia for the new extension, black painted acoya timber with 6mm laminated safety glass to British Standard BS6206 for the windows and doors, black painted wrought iron for the terrace balustrade, black quarry tiles for the terrace flooring, red stock brick slips, lead capping and traditional clay pots for the flue chimney, no change to the existing roof covering or guttering, black painted timber gates to waste storage area and cycle storage areas.

Reason: To safeguard character and appearance of the historic building and the surrounding Leigh Old Town and Leigh Conservation Areas in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advise contained within the Southend Design and Townscape Guide (2009).

04 Prior to the first occupation of the development hereby approved, the canopies, windows and doors shall be installed in full accordance with the details set out on plan references 1920-05C and 1920-07a. The terrace balustrading shall be black painted 16mm bars with finial style F (W Farthing & Sons) and flat top posts as set out in email from agent dated 9.12.20. The development shall only be implemented in accordance with the approved details from first occupation for the proposed use and be maintained as such in perpetuity.

Reason: A condition is needed to safeguard character and appearance of the historic building and the surrounding Leigh Old Town Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advise contained within the Southend Design and Townscape Guide (2009).

05 Notwithstanding the provisions of the Town and Country Planning Act (1990) (as amended) and the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that legislation with or without modification, no external lighting or outside heaters shall be installed on the building or canopies other than in accordance with details that have previously been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details before the development is occupied or brought into use.   No additional external lighting shall be installed on the building or within the site without the prior written consent of the Local Planning Authority. 

Reason: In the interest of the visual amenities and character of the conservation area, and to protect the amenities of surrounding occupiers in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM5 of the Development Management Document (2015).

06 The entire raised terrace area shall not be used by customers for the consumption of food or drink or for smoking from 22:00 hours until the close of business on all days. Additionally, all doors accessing the terrace shall be closed, except temporarily for access and egress, from 22:00 to 09:00.

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

07 The class A3 (restaurant) use shall not be open to customers outside the following times: 09:00 until 24:00 hours on Monday to Sundays including Bank Holidays from May through to and including September and 12:00 until 24:00 hours Mondays to Sundays including bank holidays from October through to and including April. The ancillary takeaway element of this operation shall not be available to customers outside the following times: 09:00 until 21:00 hours on Monday to Sundays including Bank Holidays from May through to and including September and 12:00 until 21:00 hours Mondays to Sundays including bank holidays from October through to and including April.

Reason: In order to protect the amenities of occupiers of surrounding occupiers and so the development accords with the planning permission and ancillary takeaway element sought in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

08 Construction Hours for the development hereby permitted 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 neighbours pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

09 A privacy screen of not less than 1.7m high above terrace level shall be fitted to the eastern end of the raised terrace area in accordance with details that have previously been submitted to and approved in writing by the local planning authority prior to first occupation of the development. The screen shall be retained for the lifetime of the development in accordance with the approved details.

Reason: To protect the privacy and environment of people in new and 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).

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 You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about 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 is advised that the conditions relating to the change of use to a restaurant on planning permission 17/02280/FUL, or any amendment to this application, still apply. This includes ensuring that the unauthorised galvanised metal cowl and galvanised metal grille that have been installed on the rear roofslope, which do not accord with the previously approved details, are removed. Failure to do this within a timely manner is likely to result in enforcement action.

04 The ancillary takeaway element of the restaurant hereby approved and referred to in condition 07 above must remain ancillary to the main restaurant use. Any change to this arrangement may require planning permission from the Council.

05 The privacy screen required for the eastern end of the front terrace must be sensitive to the character of the conservation area including design detailing and materials.