Proposal: Demolish upper floors, erect three storey building over existing ground floor restaurant to form 9no. self-contained flats with balconies to rear and associated bin and cycle storage

Applicant: Mr G Gill

Agent: Mr Andrew Cooke of Dovetail Architects Ltd

 

Mr N Kullman, a local resident, spoke as an objector to the application.  Mr A Cooke, the applicant’s agent, responded.

 

Resolved:-  That planning permission be GRANTED subject to the following conditions:

 

General Conditions

 

01  The development hereby permitted shall begin no 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 approved shall be carried out in accordance with the approved plans: 4083_L01, 4083_PL01, 4083_PL02, 4083_PL03, 4083_PL04, 4083_PL05, 4083_PL06, 4083_PL07, 4083_PL08, 4083_PL09, 4083_PL10.

 

Reason: To ensure the development is carried out in accordance with the development plan.

 

Design and Related Conditions

 

03  Notwithstanding the details shown on the plans submitted and otherwise hereby approved the development hereby permitted shall not commence, other than for site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the proposed building at the site including facing materials, roof detail, windows (including sections, profiles and reveals), doors, balustrading, fascia and balconies have been submitted to and approved in writing by the local planning authority. The works must then be carried out in full accordance with the approved details before the dwellings hereby approved are first occupied.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

Living Conditions

 

04  The use of the ground floor unit shall be solely within Use Class E as defined within the Town and Country Planning (Use Classes) Order 1987 as amended.

 

Reason: To determine the scope of the permission in the interest of the character and functionality of the area in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP1, Development Management Document (2015) Policies DM10, DM11 and DM12 and Southend Central Area Action Plan (2015) Policies DS1 and PA1.

 

05  The hours of operation of the ground floor commercial unit shall be 7 am to 11 pm.

 

Reason: In the interest of the living conditions of future 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  Prior to the first use of the commercial unit hereby approved, a detailed vibration and noise assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall include vibration and noise mitigation measures where needed along with a verification of their effectiveness on site after they have been carried out. The rating level of noise for all plant (including but not exclusively the ventilation, refrigeration and air conditioning equipment) installed at the site determined by the procedures in British Standards BS 4142:2014, shall be at least 10dB(A) below the background noise level with no tonal elements at all times. The LA90 to be determined according to the guidance in British Standard BS 4142:2014 at 3.5m from ground floor facades and 1m from all facades above ground floor level to residential premises. The assessment shall be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics. The equipment shall be maintained in good working order thereafter. The plant must not have distinctive tonal or impulsive characteristics.

 

Reason: To ensure the resulting noise from the commercial unit would not be detrimental to living conditions of future 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).

 

07  Prior to commencement of development on site, other than demolition and site preparation works, details of vibration mitigation and noise mitigation measures to ensure that all habitable rooms achieve the requirements of British Standard BS 8233:2014, shall have been submitted to and approved in writing by the Local Planning Authority. The measures shall be fully implemented as approved prior to the first residential occupation of any part of the development hereby approved.

 

Reason: To mitigate the noise from the uses in the area in the interest of the living conditions of future 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).

 

Impact on Residential Amenity of Neighbours

 

08  No development shall take place, including any works of demolition, unless and until a Demolition and Construction Management Plan and Strategy (to include Noise and Dust Mitigation Strategies) has been submitted to and approved by the Local Planning Authority pursuant to this condition. The approved Demolition and Construction Management Plan and Strategy shall be adhered to in full throughout the construction period. The Strategy 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, dirt and noise during construction

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

(vii)  a dust management plan to include mitigation and boundary particulate monitoring during demolition and construction.

(viii)  details of the duration and location of any noisy activities.

         

Reason: A pre-commencement condition is justified inthe 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).

 

09  Construction works for the approved development on site shall only be undertaken between 8 am to 6 pm on weekdays, between 8 am and 1 pm on Saturdays and not at any time on Sundays and Public Holidays.

 

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).

 

10  Notwithstanding the details shown in the plans submitted and otherwise hereby approved the development hereby granted planning permission shall not be occupied unless and until plans and other appropriate details are submitted to the Local Planning Authority and approved in writing which specify the size, design, obscurity, materials and location of all privacy screens to be fixed to the building, including on proposed balconies and terraces where needed. Before the development hereby approved is occupied, the privacy screens shall be installed in full accordance with the details and specifications approved under this condition and shall be permanently retained as such thereafter.

 

Reason: In the interests of the residential amenity of future occupiers and adjoining residents and the character and appearance of the area and to ensure that the development complies with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the Design and Townscape Guide (2009).

 

Highways

 

11  Notwithstanding the details shown in the plans submitted and otherwise hereby approved prior to the first occupation of the residential units hereby approved nine (9) covered and secure cycle parking spaces shall be provided and made available for use on site in full accordance with details which have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The cycle parking spaces shall be retained for the benefit of the future occupiers of the approved development in perpetuity.

 

Reason: To ensure the provision of adequate cycle parking in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policy CP3 and Development Management Document (2015) Policies DM3, DM8 and DM15.

 

Waste Management

 

12  No part of the development hereby approved shall be brought into residential use unless and until the bin store area shown on approved plan 4083_PL06 have been created solely in accordance with design details which have previously been submitted to and approved in writing by the Local Planning Authority, equipped with at least two 1100 litre waste and recycling containers and one 150 litre food waste container and are available for use and operation in accordance with a waste management plan which has previously been submitted to and approved in writing by the Local Planning Authority. The bin storage areas shall thereafter be maintained for the lifetime of the development.

 

Reason: To ensure the provision of adequate waste, recycling and food waste storage and in the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3, DM8 and DM15, and the advice contained within the National Design Guide (2019), the Design and Townscape Guide (2009), and the Waste Storage, Collection and Management Guide for New Developments (2019).

 

13  No part of the development hereby approved shall be brought into commercial use unless and until details of commercial waste storage and management have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The approved waste storage facilities shall be provided and made available for use prior to the first use of the commercial use here by approved and shall thereafter be maintained for the lifetime of the development and managed in accordance with the approved details.

 

Reason: To ensure the provision of adequate waste, recycling and food waste storage and in the interest of visual amenity in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3, DM8 and DM15, and the advice contained within the National Design Guide (2019), the Design and Townscape Guide (2009), and the Waste Storage, Collection and Management Guide for New Developments (2019).

 

Flood Risk

 

14  The development hereby approved shall be implemented and undertaken in strict accordance with the findings, recommendations, mitigation and resilience measures contained within the submitted Flood Risk Assessment by Evans report reference 2614/RE/12-20/01 dated December 2020.

 

Reason:  To ensure the approved development is safe and does not increase flood risk elsewhere in accordance with National Planning Policy Framework (2019), Core Strategy (2007) Policies KP1, KP2 and KP3.

 

Energy and Water Sustainability

 

15  Prior to occupation of the development hereby approved details of energy efficiency and other sustainability measures to be included in the scheme, including the provision of at least 10% of the energy needs of the development hereby approved being provided from onsite renewable sources, shall be submitted to, agreed in writing by the Local Planning Authority and implemented on site in accordance with the agreed details.

 

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

16  The dwellings 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 they are occupied.

 

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2019) and the Design and Townscape Guide (2009).

 

17  The dwellings hereby approved shall not be brought into first use unless internal storage space to meet the Nationally Described Space Standards for each dwelling has been provided and made available on site in accordance with internal layout floor plans which have previously been submitted to and approved in writing by the Local Planning Authority pursuant to this condition.

 

Reason: To ensure the development hereby approved provide high quality internal layouts to meet the needs of future residents in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009), the National Housing Standards (2015) and the Technical Housing Standards Policy Transition Statement (2015).

 

Positive and Proactive Statement

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission 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 which is 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.