Proposal: Change of use from vacant storage yard (Use Class B8) to car sales (Class Sui Generis) erect ancillary buildings to provide office, car wash and detailing area, security lighting and form hardstanding (Part-Retrospective).

Applicant: Marden Homes Ltd

Agent: Mr Alan Gloyne of SK Architects

Resolved: -

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01        The development hereby permitted shall be carried out in accordance with the approved plans: 688 SK01, 688 P01, 688 P02 & 13201 Drainage Plan

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

02 The use hereby permitted shall not be open to customers seeking to view or purchase cars at any time. 

Reason: To ensure the development permitted complies with the terms of the consent sought and in the interests of protecting amenity in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

03 Prior to the first operation of the use hereby approved, details shall be submitted to and approved in writing by the local planning authority for the   provision of the recycling and refuse storage and associated waste management plan including collection arrangements. The approved refuse arrangements shall be provided in full and made available for use by commercial operators prior to the first use of the car wash hereby approved and be retained as such in perpetuity.

Reason: Reason: To ensure the provision of adequate recycling and refuse storage in accordance with policy CP3 of the Core Strategy (2007) and policies DM8 and DM15 of Development Management Document (2015).

04 Notwithstanding the details submitted and otherwise hereby approved, details of drainage within the site including a separator or series of oil separators to prevent surface water being discharged into any watercourse, soakaway or surface water sewer shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall be implemented prior to the occupation of the development and shall thereafter be retained and maintained throughout the lifetime of the development.

Reason: To reduce the risk of pollution to the water environment in accordance

with the National Planning Policy Framework (2019) Policy KP2 and CP4 of the

Core Strategy (2007) and Policy DM2 of the Development Management Document (2015)

05 No machinery or plant shall operate on the site in association with the use hereby permitted outside the following times: 8 am to 6 pm on any day.  

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).

06 The Rating Level of noise for activities associated with the use hereby permitted shall not exceed 10dB(A) below the background level as measured at the closest residential property in accordance with BS4142:1997.

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

07 The ‘car washing’ and ‘car detailing’ facilities hereby approved, as described in the application documents, shall remain ancillary to the main use of the site as a car sales facility and shall not operate as an independent planning uses at any time.

Reason: To ensure the development permitted complies with the terms of the consent sought and in the interests of protecting amenity in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

08 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) and the Use Class Order 1987 (as amended) or any provisions equivalent to those Orders in any statutory instrument amending, revoking or re-enacting the Orders, with or without modification the development hereby approved, shall be used as a sui generis car sales business where customers do not visit the site and shall not be used for any other purpose, including any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any provision equivalent to that in any statutory instrument amending, revoking or re-enacting that Order, with or without modification.

Reason: To ensure the development permitted complies with the terms of the consent sought and in the interests of protecting amenity and the provision of employment uses in accordance with Policies CP1, KP1 and KP2  of the Core Strategy (2007) and Policies DM1, DM3, DM10 and DM11 of the Development Management Document (2015).

09 Other than the security lighting hereby approved, no external lighting shall    be installed on site other than in accordance with details that have been previously submitted to and approved in writing by the local planning authority. All external lighting shall thereafter be retained on site in line with the details approved under this condition only.  

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).

Informatives 

01. Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). A Community Infrastructure Levy (CIL) Liability Notice will be issued as soon as practicable following this decision notices. This contains details including the chargeable amount when this is payable and when and how exemption or relief on the charge can be sought. You are advised that a CIL Commencement Notice (CIL Form 6) must be received by the Council at least one day before commencement of development. Receipt of this notice will be acknowledged by the Council. Please ensure that you have received both a CIL Liability Notice and acknowledgement of your CIL Commencement Notice before development is commenced. Most claims for CIL relief or exemption must be sought from and approved by the Council prior to commencement of the development. Charges and surcharges may apply, and exemption or relief could be withdrawn if you fail to meet statutory requirements relating to CIL. 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 at www.southend.gov.uk/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 Compliance with this decision notice does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. Contact 01702 215005 for more information.