Proposal: Demolish existing retail unit and former car wash site and erect a 3-storey building with upper storey set-back comprising of 280sq.m commercial space at ground floor level and 15 self-contained flats (Class C3), ground floor parking court, refuse, cycling storage, lay out landscaping and install vehicular access onto Victor Drive.

Applicant: Plaistow Broadway Filling Stations

Agent: DAP Architecture Ltd

 

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 001.01, 200.12, 201.07, 202.11, 203.11, 204.14, 205.08, 206.09, 210.02, 211.02

 

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

 

03 No development approved by this permission shall be commenced unless and until the Local Planning Authority has approved in writing by way of a Section 278 Highways Agreement a full scheme of highway works (including detailed designs and contract details) and the relevant highways approvals are in place, in relation to the proposed loading bay, alterations to the existing accesses including reinstatement of redundant crossovers on Broadway, amended traffic regulation order, planting specifications and details of 4 new street trees and details of the  5 new visitor cycle hoops. The works shall thereafter be undertaken in accordance with the approved details and completed prior to occupation of the development hereby approved.

 

Reason: A pre commencement condition is required in the interests of highways management, the character of the area and safety in accordance with Core Strategy (2007) policies KP2, CP3 and CP4 and Development Management Document (2015) policies DM1, DM3 and DM15 and the advice contained within the Southend Design and Townscape Guide (2009).

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and construction up to ground floor slab level shall take place unless and until full product details of the materials to be used on all the external elevations, including walls, inset balconies and projecting windows, roof and roof terraces, coping, windows and doors, shopfront, colonnade, fascia and soffits, balcony balustrades and screens, bin and cycle store doors, entrance gates, rainwater goods and boundaries have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details before it is brought into first use.

 

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2019) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).  

 

 

05 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above slab level shall take place unless and until full detailed design drawings and cross sections of the residential entrance and shopfronts including approach to signage, window surrounds including brick and stone detailing, balustrades design, reveals, parapet details and rainwater drainage solution at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details before it is brought into use.

 

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

 

06 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above 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.          Existing and proposed finished site levels or contours; 

ii.          means of enclosure, of the site including any gates or boundary fencing including to the roof top terrace areas; 

iii.         hard surfacing materials including for the amenity terraces and under the colonnade to the front;

iv.        minor artefacts and structures (e.g. furniture, planters, lighting, etc.) including lighting of the colonnade to the front and main entrance;

v.         details of the number, size and location of the trees, shrubs and plants to be 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 surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

07 The development shall not be occupied until 17 car parking spaces, of which not less than 2 shall be for disabled users, 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 drawings reference  200.12 and 211.02 together with properly constructed vehicular access to the adjoining highway, and the reinstatement of existing redundant crossovers in Broadway all in 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).

 

08 The development shall not be occupied until at least 15 secure, covered cycle parking spaces to serve the development as shown on drawing 200.12 have been provided at the site and made available for use in full accordance with the approved plans by occupiers of the units hereby approved and their visitors. The approved scheme shall be permanently retained thereafter. 

 

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

 

09 The development shall not be occupied unless and until the commercial and residential refuse stores that serve the development as shown on drawing 200.12 have been provided at the site  in full accordance with the approved plans and made available for use by occupiers of the residential and commercial units hereby approved. The approved scheme shall be permanently retained for the storage of waste and recycling thereafter.

 

Reason: To ensure that adequate refuse and recycling storage is provided and retained to serve the development in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM8 and DM15 of the Development Management Document (2015).

 

10 Prior to the first occupation of any dwelling, details of the Residential Travel Packs shall be submitted to and approved in writing by the local planning authority. The approved travel packs shall then be provided to each dwelling within 1 month of their first occupation. 

 

Reason: In the interests of sustainability in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15, and Design and Townscape Guide (2009).

 

11 The development shall not be occupied or brought into use until a waste management plan and service strategy has been submitted to and agreed in writing by the Local Planning Authority. The waste management and servicing of the development shall thereafter only be carried out in accordance with the approved details and maintained in perpetuity.  

 

Reason:  To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and  Policy DM15 of the Development Management Document (2015).

 

12 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement 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, noise and dirt during construction

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

vii.        Provide a method statement regarding the management of surface water runoff arising during the construction phase of the project.

Reason: A pre commencement condition is required in the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

13 Before any of the residential units hereby approved are first occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that 2 of the flats hereby approved comply with building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 13 flats comply with building regulation  M4(2) ‘accessible and adaptable dwellings standard. 

 

Reason: To ensure the residential units hereby approved provides high quality and flexible internal layouts 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 DM2 and the Design and Townscape Guide (2009).

 

14 Notwithstanding the details shown in the plans submitted and otherwise hereby approved, the development hereby granted consent shall not be occupied or brought into use unless and until plans are submitted to the Local Planning Authority and approved in writing which clearly specify all the windows and other openings in the development that are to be permanently glazed with obscured glass and fixed shut or provided with only a fanlight (or other similar) opening and the manner and design in which these windows and openings are to be implemented. The development hereby permitted shall be implemented in full accordance with the details approved under this condition before it is first occupied or brought into use and shall be permanently retained as such thereafter. The windows included within such agreed scheme shall be glazed in obscure glass which is at least Level 4 on the Pilkington Levels of Privacy. The windows shall be retained in accordance with the agreed details in perpetuity thereafter.

 

Reason: To avoid overlooking and the resultant loss of privacy of the adjoining residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, and Development Management Document (2015) Policy DM1 and advice contained within the Design and Townscape Guide (2009).

 

15 No development shall take place above ground floor slab level until details of the design and specification of the privacy screen to the east terrace and the privacy screens to the terraces at 3rd floor level have been submitted to and approved in writing by the local planning authority. The development shall be carried out solely in accordance with the approved details before it is first occupied and shall be retained as such in perpetuity.

 

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).

 

16 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above the ground floor slab level shall take place unless and until a scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources has been submitted to and agreed in writing by the Local Planning Authority.  The renewables shall be implemented in full in accordance with the approved details prior to the first occupation of the dwellings. This provision shall be made for the lifetime of the development.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

17 Prior to occupation of the flat 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 the Design and Townscape Guide (2009).

 

18 Prior to the commencement of development an instructive investigation (Phase II Site Investigation) must be undertaken in order to quantify and remediate the risks identified by the Phase 1 Site Investigation by Geo- Environmental Assessment (Desk Study & Ground Investigation) Report Ref: P9093J631 of July 8, 2015. The submitted phase II report shall include:

 

i.          Details of all measures to be undertaken to make the site suitable for the intended use, including a timeframe for the works.

ii.          Confirmation that all underground fuel storage tanks will be removed from the site by a suitably qualified contractor and disposed of off site. Validation soil samples from areas around the tank(s) must be tested to ensure that they are suitable to be left in-situ and the results provided to the Council.

iii.         Confirmation that all hydrocarbon contaminated soil will be excavated to the appropriate depth and disposed off-site to a facility licensed by the Environment Agency. The waste transfer certificate must be included in the validation report.

iv.        Confirmation that all imported soil for any backfilling operations must be suitable for the intended use and certified to the CLEA or any other relevant standard.

v.         Prior to commencement of development, the Validation Report must be submitted to the Local Planning Authority for approval. The Validation Report must contain details of the remediation measures undertaken to make the site suitable for use including their effectiveness. The report must also contain details of the volume of soil removed from the site (including any waste transfer certificate) and the volume of imported soil to the site (including their chemical contents).

vi.        If during the development, land contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further works shall be carried out until a method statement detailing a scheme for dealing with suspect contamination has been submitted to and agreed in writing with the Local Planning Authority. Any such works shall then be undertaken and completed solely in accordance with the agreed method statement. 

 

Reason: A pre commencement condition is necessary to ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

19 All the noise mitigation measures outlined in Section 7 of the Noise Impact Assessment by Cambridge Acoustics reference 1009.20 dated 10th September 2020 to protect future residents of the building from the impact of vehicular noise along Broadway and the surrounding area must be implemented in their entirety prior to occupation of any of the residential units hereby approved to achieve an internal noise level which meets British Standards BS 8233:2014 criteria. The approved measures implemented shall be maintained in perpetuity.

 

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

 

20 Prior to the commencement of the development hereby approved, full details of the proposed car stacking system, including provision for a wider unit to accommodate 1 disabled space within this system, together with a report detailing any mitigation measures proposed in respect of noise impacts of this system shall be submitted to, and approved in writing by, the Local Planning Authority. The installation of the car stacking system shall be carried out in full accordance with the approved details, including any noise mitigation measures to be undertaken in association with the agreed details, and made available for use prior to first occupation of any of the residential units hereby approved. With reference to British Standards BS4142 the noise rating level arising from all plant and car stacking equipment shall be at least 5dbB(A) below the prevailing background at 3.5 metres from the ground floor facades and 1m from all other facades of the nearest noise sensitive property with no tonal or impulsive character.

Reason: A pre commencement condition is required in order to protect the amenities of the 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).

 

21 No deliveries or refuse collection shall be taken at or despatched from the ground floor Class E use hereby permitted outside the hours of 07:00 to 20:00 hours Mondays to Saturdays and 09:00 to 13:00 hours on Sundays nor at any time on Bank or Public Holidays.

 

Reason: In order to protect the amenities of occupiers of the development 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)

 

22 The non-residential Use Class E units hereby approved shall not be open for customers outside the following hours: - 0700 hours to 2200 hours on any day.

 

Reason:  To  protect  residential  amenity  and  general  environmental quality in accordance with the National Planning Policy Framework, Core  Strategy (2007)  Policies KP2  and  CP4,  and  Policies DM1 and DM3 of the Development Management Document (2015).

 

23 No plant or ventilation equipment for the proposed non-residential uses hereby approved shall be installed until and unless full details of its location, design and technical specifications and a report detailing any mitigation measures proposed in respect of noise impacts on the nearest noise sensitive properties has been submitted to, and approved in writing by, the Local Planning Authority. The installation of the plant and ventilation equipment shall be carried out only in full accordance with the approved details and specifications and any noise mitigation measures undertaken in association with the agreed details before the plant and ventilation equipment is brought into use.

 

With reference to British Standards BS4142 the noise rating level arising from all plant and ventilation equipment shall be at least 5dbB(A) below the prevailing background at 3.5 metres from the ground floor facades and 1m from all other facades of the nearest noise sensitive property with no tonal or impulsive character.

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

24 Notwithstanding the details submitted within the Flood Risk Statement and SUDS Strategy by Ardent Consulting reference V674-02 dated Sept 2020 and on the plans otherwise hereby approved no drainage works shall be constructed at the site until a detailed design of a surface water drainage for the site, including the additional details specified below, has been be submitted to and agreed in writing with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme shall be implemented prior to the first occupation of the development. The scheme shall address the following matters:

i.          Further justification for discarding infiltration based of site investigation (including soakaway testing if applicable). Even if total infiltration is unlikely, the applicant should consider partial infiltration where possible, considering the deterioration of groundwater quality and ground stability if required;

ii.          Justification for not using rainwater harvesting, rain gardens and trees; and consider, where possible, these systems. The applicant should outline the location of podium deck attenuation on the Preliminary SuDS / Surface Water Drainage Strategy (V674-003);

iii.         A catchment plan with all areas positively draining into the proposed drainage system;

iv.        Outline conveyance routes from the rainwater downpipes to the proposed below-ground surface water drainage network on the Preliminary SuDS / Surface Water Drainage Strategy (V674-003);

v.         Overland flow paths on a plan based on the proposed levels design (that ensures people and property are protected during an exceedance or failure event);

vi.        A review of the runoff rate and storage calculations in further detail and provide clarity on:

a.         ?  The evidence of the runoff rate calculations made for the existing site and proposed site. This should include evidence that the existing site was already connected into the sewer.

b.         ?  It is noted that the proposed discharge rates in Table 5.1 of the FRS are not in line with the calculation results in the appendices. This requires clarification.

c.         ?  The impermeable areas considered within the calculations, ensuring they are consistent with the FRS.

d.         ?  Detailed hydraulic calculations for the proposed network.

vii.        Water quality analysis following the Simple Index Approach (or other acceptable method) to ensure water quality metrics are met (utilising proprietary treatment systems where necessary);

viii.       Evidence of health and safety management for the proposed drainage/SuDS;

ix.        A strategy for information delivery and community engagement (if applicable);

x.         A valuation of the proposed drainage designs (if applicable);

xi.        CEMP prior to construction;

xii.        Confirm the details of the management company and the proposed maintenance schedule for the drainage system;

xiii.       Details of the foul water drainage strategy for the applicant should provide construction details outlining the connection to the existing Anglian Water surface water sewer at manhole 6951. site; and

xiv.      Construction details outlining the connection to the existing Anglian Water surface water sewer at manhole 6951.

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 policies  KP2 and CP4 of the Core Strategy (2007) and  Policy DM2 of the Development Management Document (2015).

 

25 Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) the following operations shall not be undertaken without the receipt of prior specific express planning permission in writing from the Local Planning Authority on the building hereby approved:

i.          The installation of any structures or apparatus for purposes relating to telecommunications on any part the roof of the buildings hereby approved, including any structures or development otherwise permitted under Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any equivalent Order amending, revoking or re-enacting that Order

 

Reason: To ensure that the development does not impact adversely on the townscape and character of the adjacent conservation area and to ensure the Local Planning Authority can control the development in the area so that it accords with policies KP2 and CP4 of the Core Strategy (2007) and policies DM1 and DM3 of the Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

26 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 or Public 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 (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).

 

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 appropriate highways licences should be obtained prior to the commencement of the development.

 

04 In relation to Condition 03, you are advised to contact Highways Engineer Martin Warren (Tel 01702 534328) to discuss the requisite 278 Highways Agreement and any associated Highways Licence. You are advised that a Highways Licence needs to be in place before any works are carried out to the public highway and you will need to employ a Council approved contractor to carry out any works.

 

05 The applicant is advised that the Council Parks Section have recommended that the species of tree most suitable for planting in the Highway would be Carpinus betulus ‘Frans Fontaine’ or similar species tolerant of urban conditions. These should be planted in a suitable root cell system to avoid damage to any paving and provide a suitable rooting environment for continued growth. Full details will need to be agreed as part of the required Section 278 Highways Agreement.

 

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

 

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.