Agenda item

20/02091/FUL - 570 Rayleigh Road, Eastwood (Eastwood Park Ward)

Minutes:

Proposal: Erect single storey rear extension with associated elevation alterations and part change of use of ground floor commercial unit (use class E) to residential use (use class C3), together with remodelling of existing self-contained maisonette to form 2 self-contained flats, with associated landscaping, bin and cycle stores, lay out parking to rear, and extend existing vehicular access onto Eastwood Rise, following demolition of existing outbuildings.

Applicant: Chaya Parekh
Agent: Danny Knott of DK Building Designs Ltd

 

Resolved: -

 

That PLANNING PERMISSION be GRANTED subject to the following conditions:

 

01.       The development hereby permitted shall begin not later than three years from 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: 3694-11-2 Rev B, 3694-11-1 Rev B.

 

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

 

03.       No development, including demolition, shall take place until a scheme for the protection of the oak trees adjacent to the site, in full accordance with British Standard BS5837 “Trees in Relation to Construction – Recommendations” has been submitted to and agreed in writing by the local planning authority. The protection measures shall include a detailed tree protection plan and provide a methodology to be adhered to from the commencement of development and site preparation, and throughout the construction process. The development shall be implemented in full accordance with the approved statement, protection measures and methodology.

 

Reason: This pre-commencement condition is required in the interests of visual amenity and to ensure a satisfactory standard of tree protection, pursuant to Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and the advice contained in the Design and Townscape Guide (2009).

 

04.       Prior to commencement of the development above ground floor slab level, product details of materials to be used in the construction of all the external elevations of the extensions and alterations hereby approved shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out solely in accordance with the approved details before it is brought into use.

 

Reason: In the interests of visual amenities, 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) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

05.       No development above ground floor slab level shall take place until full details of hard and soft landscape works and boundary treatments to be carried out at the site have been submitted to and approved in writing by the local planning authority. The approved hard landscape works and boundary treatments shall be completed 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.          details of external hard surfacing, to include permeable paving;

ii.         details of the number, size and location of trees, shrubs and plants to be planted together with a planting specification;

iii.        details of measures to enhance biodiversity within the site;

iv.        all and any means of subdividing and enclosing the site, which shall include details of visibility splays to the proposed vehicular access.

 

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: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping is implemented pursuant to Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

06.       Construction hours for the development hereby approved shall be restricted to 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays and not at all on Sundays or Public and Bank Holidays.

 

Reason: To protect the environment of people in neighbouring residential properties, 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) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

07.       A scheme detailing how at least 10% of the total energy needs of the development will be supplied, where feasible, using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the development. 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 Southend-on-Sea Core Strategy (2007), and Policy DM2 of the Southend-on-Sea Development Management Document (2015).

 

08.       The development 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 it is brought into use.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework, Policy KP2 of the Southend-on-Sea Core Strategy (2007), Policy DM2 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

09.       The development shall not be occupied until and unless details of covered refuse and recycling storage for use by occupiers of both ground and first floor flats, and the commercial unit, have previously been submitted to and approved in writing by the local planning authority. The approved refuse and recycling storage shall be provided and made available for use by the occupants of the development hereby approved prior to first occupation and shall be retained in perpetuity thereafter.

 

Reason: To protect the environment and provide suitable storage for waste and materials for recycling in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007).

 

10.       The development shall not be occupied until and unless details of secure, covered cycle storage for use by occupiers of both ground and first floor flats, and the commercial unit, have previously been submitted to and approved in writing by the local planning authority. The approved cycle storage shall be provided and made available for use by the occupants of the development hereby approved prior to first occupation and shall be retained in perpetuity thereafter.

 

Reason: To ensure the provision of adequate cycle parking in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policy DM15 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

11.       The development hereby permitted shall not be occupied until and unless the two car parking spaces shown on the approved plans have been provided and made available for use by occupiers of the development and their visitors and shall be retained as such for the lifetime of the development thereafter.

 

Reason: In the interests of the living conditions of future occupiers and highway safety, further to the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15 and the Design and Townscape Guide (2009).

 

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.

 

Informatives

 

1.         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). 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.

 

4.         There is clear evidence that the installation of Automatic Water Suppression Systems (AWSS) can be effective in the rapid suppression of fires. Essex County Fire & Rescue Service (ECFRS) therefore uses every occasion to urge building owners and developers to consider the installation of AWSS. ECFRS are ideally placed to promote a better understanding of how fire protection measures can reduce the risk to life, business continuity and limit the impact of fire on the environment and to the local economy. Even where not required under Building Regulations guidance, ECFRS would strongly recommend a risk based approach to the inclusion of AWSS, which can substantially reduce the risk to life and of property loss. We also encourage developers to use them to allow design freedoms, where it can be demonstrated that there is an equivalent level of safety and that the functional requirements of the Regulations are met.

Supporting documents:

 

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