Proposal: Enlarge existing outbuilding (garage) and use for tutoring/schooling (Retrospective).

Applicant: Mr King

Agent: Mr Luis Mulry of Edith Garland Architecture

Resolved: -

That PLANNING PERMISSION be REFUSED and ENFORCMENT ACTION (with a compliance period of 3 months) be authorised to require cessation of the unauthorised educational use for the following reasons:

01        The development has introduced a significant education use within a purely residential cul-de-sac to the material detriment of the character of site and the wider area. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Polices DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the National Design Guide (2019) and the Southend Design and Townscape Guide (2009).

02        The application fails to demonstrate that the development would not have a materially detrimental impact on the residential amenity of neighbouring occupiers as a result of noise and disturbance arising from activities and vehicle movements associated with the education element of the mixed use. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and Polices DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend Design and Townscape Guide (2009).

03        The application fails to demonstrate that the development would provide sufficient on-site parking and waiting facilities to meet the needs of future employees, occupiers and users of the premises, which would be likely to result in additional vehicles parked within the public highway, to the material detriment of parking conditions in the locality, highway safety and the free flow of traffic. The development is therefore unacceptable and contrary to the National Planning Policy Framework (2019), Policies CP3 and CP4 of the Southend-on-Sea Core Strategy (2007) and Polices DM1, DM3 and DM15 of the Southend-on-Sea Development Management Document (2015).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action via the pre-application service available at https://www.southend.gov.uk/info/200155/make_a_planning_application_and_planning_advice/365/planning_advice_and_guidance/2

Informatives:

1          You are advised that as the proposed extension(s) or change of use to your property equates to less than 100sqm of new floorspace, and does not involve the creation of a new dwelling (Class C3), 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 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) for further details about CIL.

2          Failure to regularise the unauthorised use is likely to result in the Council considering it expedient to take enforcement action to seek to remedy the identified harm.