Proposal: Install temporary art sculptures comprising 15 wooden posts 2m – 2.8m tall with painted resin sculptures fixed to the top in the tidal sands near Chalkwell Beach

Applicant: M Freeman

Agent: R Warren of SKArchitects

Resolved: -

That PLANNIGN PERMISSION be GRANTED subject to the following conditions:

01 The development hereby permitted shall be for a limited period only from the date of this permission until the 3rd October 2021. At the end of this period the development hereby permitted shall be entirely removed from the site and the land restored to its condition before the development took place.

Reason: For the avoidance of doubt and in the interests of amenity in accordance with the National Planning Policy Framework (2019) and Policies KP1 and KP2 of the Core Strategy (2007).

02 The development hereby permitted shall be carried out in accordance with the following approved plans 596-P02C, 596-P12E,  596-P16A and 596-P17B.

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

03 The materials for the sculpture shall be natural timber posts and resin sculptures.

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

04 Notwithstanding the details set out elsewhere in this application and permission the posts hereby approved shall only be installed prior to the 1st May 2021 and removed after the 30th September 2021.

Reason: To ensure that the installation and removal works does not harm biodiversity and give rise to sediment disturbance within the bathing water testing season which runs from May to September.

05 The development shall be installed in full accordance with the details set out in the Construction Method Statement by SKArchitects reference 596-08-19 Rev A, or any other Construction Method Statement that has been previously submitted to and approved in writing by the Local Planning Authority, and in a manner which minimises disturbance and dispersal of buried sediment. The location of the posts shall avoid any eelgrass beds.

Reason: This condition is needed in the interests of traffic safety and the amenities of the area and to prevent dispersal of contaminants in buried sediment pursuant to Policies KP1, CP3 and CP4 of the Core Strategy (2007) and Policies DM1, DM6 and DM15 of the Development Management Document (2015).

06 The development hereby approved shall be carried out in full accordance with the mitigation measures set out in the Risk Assessment and Method Statement by Metal and these mitigation measures shall remain in place throughout the lifetime of the installation. 

Reason: This condition is needed in the interests of safety pursuant to Policies CP4 and CP6 of the Core Strategy (2007) and Policies DM1 and DM6 of the Development Management Document (2015).

07 The eight 180mm diameter green safety marker buoys, as detailed on plan reference 596-P12E and in the Risk Assessment by Metal, shall be in place from the installation of the first pole and remain in situ until the last pole is removed.

Reason: This condition is needed in the interests of safety pursuant to Policies CP4 and CP6 of the Core Strategy (2007) and Policies DM1 and DM6 of the Development Management Document (2015).

08 Construction Hours for the installation and removal of the development hereby approved shall be restricted to 8am – 6.30pm Monday to 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)

Informatives:

01 The site is owned by the Council and therefore a formal installation licence/lease will be required on the land. This will be subject to obtaining all necessary statutory consents and internal approvals. Please contact Antony Daniels antonydaniels@southend.gov.uk This needs to be completed prior to installation. The proposal may also require a Marine licence from the Marine Management Organisation (MMO) further details on this can be found here https://www.gov.uk/guidance/construction-alteration-or-improvement-of-works

02 The applicant is advised that a Highways Licence may be required. Please contact martinwarren@southend.gov.uk

03 You should be aware that in cases where damage occurs public during construction works to the highway in implementing this permission that Council may seek to recover the cost of repairing 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.

04 You are advised that as the proposed development does not involve the creation of new floorspace it benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable.