Proposal: Demolish existing building and erect part two-storey/part three storey building, comprising of thirteen (13no.) self contained flats, parking, cycle store & refuse store (Outline Application with Landscaping reserved).

Applicant: Mr Brian Strickland

Agent: Mr Steven Kearney of SKArchitects

 

Resolved: -

 

(a)          That the Interim Director of Planning or Group Manager of Planning & Building Control be delegated responsibility to GRANT PLANNING PERMISSION subject to conditionsbelow following the completion of a PLANNING AGREEMENT under section 106 of the Town and Country Planning Act 1990 (as amended)to secure the provision of:

·           £224,053.17 financial contribution towards off-site affordable housing. 

·           £23,359.59 contribution towards secondary education.

·           Essex RAMS payment of £1,632.54 to mitigate the potential disturbance to European designated sites.

 

(b)       The Interim Director of Planning or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above requirement, so long as planning permission when granted and, where it is used, the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

 

General Conditions

 

01        Details of the 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 3 (three) years from the date of this permission. 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: 575-P01 A, 575-P02 C, 575-P03 A, 575-P04 C, 575-P05, 575-P06 REV A, 575-P05.

 

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

 

Design and related conditions

 

03        Notwithstanding the details shown on the plans submitted and otherwise hereby approved the development hereby permitted shall not commence, other than for groundworks and site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the proposed buildings at the site including facing materials, roof detail, windows (including sections, profiles and reveals), doors, balustrading, fascia and balconies have been submitted to and approved in writing by the local planning authority. The works must then be carried out in full accordance with the approved details before the dwellings hereby approved are first occupied.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

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04        Notwithstanding the information submitted and details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition shall take place on site unless and until details of the levels of the proposed building, to adjoining land and any other changes proposed in the levels of the site associated with the works permitted by this permission have been submitted to and approved in writing by the Local Planning Authority. The highest part of the building shall not exceed 56.46m AOD. The development shall be implemented in full accordance with the details approved under this condition before it is first occupied or brought into use.

 

Reason: In the interest of visual amenity and to safeguard the safety of air traffic, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM15, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

05        No demolition or development of any kind shall take place on site unless and until tree protection measures have been implemented on site in line with an up to date Arboricultural Impact Assessment and Method Statement prepared in accordance with British Standard BS5837 (Trees in Relation to Construction - Recommendations) which should consider trees on site and adjacent street trees and which shall have previously been submitted and approved in writing by the Local Planning Authority. The approved scheme of protection measures shall be fully installed before the commencement of works and maintained throughout construction. The development shall be implemented in full accordance with the approved scheme, measures and methods.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

06        Within the first available planting season (October to March inclusive) following the first use of the development hereby approved, the soft landscaping scheme which has previously been submitted and approved in writing by the Local Planning Authority with the relevant Reserved Matters application, shall be implemented, completed and maintained thereafter in full accordance with the approved details.

 

Within a period of five years from the completion of the development hereby approved, or from the date of the planting of any tree or any tree planted in its replacement, if any tree planted as part of the approved landscaping scheme is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that of the original tree shall be planted in the same place or in accordance with alternative tree replacement details approved under the scope of this planning condition.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

07        The use of the development hereby approved shall not commence until a hard landscaping scheme has been carried out and implemented solely in full accordance with details which have previously been submitted to and approved in writing by the Local Planning Authority with the relevant Reserved Matters application. The hard landscaping scheme shall include details of materials to be used on hardsurfacing as well as elevations and details of materials for any boundary treatment of the site, including boundaries within the site.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

Living Conditions related conditions

 

08        Notwithstanding the details submitted and otherwise hereby approved, the dwellings hereby approved shall not be brought into first use unless at least internal storage space, excluding kitchen cupboards and wardrobes less than 0.72m2 in a double bedroom and 0.36m2 in a single bedroom, in line with the requirements of the Nationally Described Space Standards for each unit have been provided and made available on site in line with details that have previously been submitted to and agreed in writing by the Local Planning Authority.

 

Reason: To ensure the development hereby approved provide high quality internal layouts to meet the needs of future residents in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009), the National Housing Standards (2015) and the Technical Housing Standards Policy Transition Statement (2015).

 

09        No development above ground level shall take place on site until details of noise mitigation measures to ensure that all habitable rooms achieve the requirements of British Standard 8233:2014, have been submitted to and approved in writing by the Local Planning Authority. The measures shall be fully implemented as approved prior to the first use of the development hereby approved. 

 

Reason: To mitigate the noise from highway traffic and the communal parking area in the interest of the living conditions of future occupiers in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

 

10        Notwithstanding the details submitted and otherwise hereby approved, no development other than site preparation works shall take place until and unless  details have been submitted to and approved in writing by the Local Planning Authority to show how at least 1 of the dwellings will be built  in compliance with the building regulation M4(3) ‘wheelchair user dwellings’ standard with all 12 of the remaining dwellings complying with the building regulation part M4(2) ‘accessible and adaptable dwellings’ standard. Each approved dwelling shall be constructed to comply with either building regulation M4(2) or M4(3) in accordance with the approved details prior to its first occupation.

 

Reason: To ensure the development hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

 

Impact on residential amenity of neighbours

 

11        No development shall take place, including any works of demolition, unless and until a Demolition and Construction Management Plan and Strategy to include Noise and Dust Mitigation Strategies has been submitted to, and approved in writing by the local planning authority. The approved Demolition and Construction Management Plan and Strategy shall be adhered to in full throughout the construction period. The Statement shall provide, amongst other things, for:

i)                      the parking of vehicles of site operatives and visitors

ii)         loading and unloading of plant and materials

iii)        storage of plant and materials used in constructing the development

iv)        the erection and maintenance of security hoarding 

v)         measures to control the emission of dust, dirt and noise during construction

vi)        a scheme for recycling/disposing of waste resulting from construction works that does not allow for the burning of waste on site.

vii)       a dust management plan to include mitigation and boundary particulate monitoring during demolition and construction. 

viii)      details of the duration and location of any noisy activities.

           

Reason: In the interest of the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

 

12        Construction works for the approved development on site shall only be undertaken between 8 am to 6 pm on weekdays, between 8 am and 1 pm on Saturdays and not at any time on Sundays and Public Holidays. 

 

Reason: In the interest of the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

 

Highways

 

13        The approved dwellings shall not be occupied unless and until the following works have been implemented in accordance with a scheme which has been submitted to and agreed in writing by the local planning authority:

 

a.         The construction of new vehicular accesses to Tudor Gardens;

b.         The removal of the redundant crossover to Eastwood Road and reinstatement of the footway.

 

Reason: In the interests of highway safety in accordance with the National Planning Policy Framework (2019), Policy CP3 of the Core Strategy (2007) and Policies DM3, DM8 and DM15 of Development Management Document (2015).

 

14        The dwellings hereby approved shall not be occupied unless and until at least one parking space per unit in the area shown on the approved plan 575-P02 C has been provided and made available for use on site. The parking spaces shall be retained for the lifetime of the development for the purposes of car parking solely for residents of the approved dwellings on site and their visitors.

 

Reason:  To ensure the provision of adequate parking in accordance with National Planning Policy Framework (2019), Policy CP3 of the Core Strategy (2007) and Policies DM3, DM8 and DM15 of Development Management Document (2015).

 

15        The development hereby approved shall not be brought into first use unless and until at least one cycle parking space per unit has been provided on site and made available for use in line with the details shown in approved plan 575-P02 C. The provision of at least one cycle parking space per unit for the benefit of future occupiers of the approved development shall be retained in perpetuity.

 

Reason: To ensure the provision of adequate cycle parking in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policy CP3 and Development Management Document (2015) Policies DM3, DM8 and DM15.

 

Waste management

 

16        The development hereby approved shall not be brought into first use unless and until at waste storage has been provided on site and made available for use in line with the details shown in approved plan 575-P02 C. The provision of the waste storage facilities shall be retained in perpetuity.

 

Reason: To ensure the provision of adequate waste, recycling and food waste storage and in the interest of visual amenity in accordance with the National Planning Policy Framework (2019), 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 (2019), the Design and Townscape Guide (2009), and the Waste Storage, Collection and Management Guide for New Developments (2019).

 

Drainage

 

17        Notwithstanding the information submitted and details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and excavation works, shall take place unless and until a drainage and surface water management strategy incorporating principles for Sustainable Drainage Systems (SuDS) has been submitted to and approved in writing by the Local Planning Authority. The drainage and surface water management strategy shall be implemented in full accordance with the details approved under this condition before the development hereby approved is first occupied or brought into first use.

 

Reason: To ensure the approved development does not increase flood risk elsewhere in accordance with National Planning Policy Framework (2019), Core Strategy (2007) Policies KP1, KP2 and KP3.

 

Energy and water sustainability

 

18        Prior to occupation of the development hereby approved details of energy efficiency and other sustainability measures to be included in the scheme, including the provision of at least 10% of the energy needs of the development hereby approved being provided from onsite renewable sources, shall be submitted to, agreed in writing by the Local Planning Authority and implemented on site in accordance with the agreed details.

 

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) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

19        The dwellings hereby approved shall incorporate water efficient design measures set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to 105 litres per person per day (lpd) (110 lpd when including external water consumption), including measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting before they are occupied.

 

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) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

Ecology

 

20        No development shall take place on site, including any works of demolition, unless and until a breeding bird survey has been submitted and approved in writing by the Local Planning Authority. The development hereby approved shall be implemented and operated thereafter in strict accordance with the findings, recommendations and mitigation measures of the approved breeding bird survey.

 

Reason: In the interest of biodiversity in accordance with National Planning Policy Framework (2019) and Policies KP2 and 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 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.

 

(c)        In the event that the planning obligations or other means of securing the financial contribution referred to in part (a) above have not been completed by 5 February 2021 or an extension of this time as may be agreed, the Interim Director of Planning or Group Manager Planning & Building Control be authorised to refuse planning permission for the application on the grounds that the development would not provide adequate mitigation for the potential disturbance to European designated site, would not provide adequate levels of affordable housing, would not provide any secondary education contributions to mitigate the development contrary to National and Local planning policy.

 

Informatives:

 

1          Please note that the development which is the subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and it is the responsibility of the landowner(s) to ensure they have fully complied with the requirements of these regulations. A failure to comply with the CIL regulations in full can result in a range of penalties. For full planning permissions, a CIL Liability Notice will be issued by the Council as soon as practicable following this decision notice. For general consents, you are required to submit a Notice of Chargeable Development (Form 5) before commencement; and upon receipt of this, the Council will issue a CIL Liability Notice including details of the chargeable amount and when this is payable. If you have not received a CIL Liability Notice by the time you intend to commence development, it is imperative that you contact S106andCILAdministration@southend.gov.uk to avoid financial penalties for potential failure to comply with the CIL Regulations 2010 (as amended). If the chargeable development has already commenced, no exemption or relief can be sought in relation to the charge and a CIL Demand Notice will be issued requiring immediate payment. Further details on CIL matters can be found on the Planning Portal (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) or the Council's website (www.southend.gov.uk/cil).

 

2          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.

 

3          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.