Proposal:  Erect three storey building comprising of four self-contained flats with terraces to first floor east elevation, associated amenity space, parking, cycle spaces and refuse store

Applicant: RG Airspace Developments Limited

Agent: Davies Murch

 

Mrs L Stevens, a local resident, spoke as an objector the application.  Mr J Murch, the applicant’s agent, responded.

 

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

 

01  The development hereby permitted shall begin no later than 3 (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 approved plans: WP-0758-A-0001 Revision A; WP-0758-A-0002 Revision A; WP-0758-A-0003 Revision A; WP-0758-A-0100 Revision B; WP-0758-A-0110 Revision B; WP-0758-A-0111 Revision B; WP-0758-A-0200 Revision B; WP-0758-A-0201 Revision B; WP-0758-A-202 Revision B; WP-0758-A-0203 Revision B; WP-0758-A-0204 Revision B; WP-0758-A-0300 Revision B; WP-0758-A-DAS.

 

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

 

03  Notwithstanding  the  details  shown  on  the  plans  submitted  and otherwise  hereby approved  the  development  hereby  permitted  shall  not  commence  other  than  for groundworks and site preparation works unless and until details and appropriately sized  samples of  the  materials  to  be  used  for  all  the  external  surfaces  of  the proposed building at the site including for elevations, brickwork, glazing, doors, windows and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be implemented in full accordance with the details and samples approved under this condition before it is occupied.

 

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the guidance contained within the Design and Townscape Guide (2009).

 

04  Prior to the first occupation of the dwellings hereby approved, full details of both hard and soft landscaping works to be carried out at the site must be submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be carried out in accordance with the approved details 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.  means of enclosure, of the site including any gates or boundary fencing; 

ii.  car parking layouts; 

iii.  other vehicle and pedestrian access and circulation areas; 

iv.  hard surfacing materials; 

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

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

 

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 pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

05  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, the development hereby permitted shall not be first occupied unless and until a car park management plan has been submitted to and approved in writing by the local planning authority.  The car park management plan must be implemented in full accordance with the details approved under this condition prior to first occupation of any part of the development hereby approved and shall be maintained as such in perpetuity.   

 

Reason: To ensure that adequate car parking arrangements are provided to serve the  development  in  accordance  with  Policy  DM15  of  the  Council's  Development Management Document (2015) and Policy CP3 of the Core Strategy (2007).

 

06  A scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority prior to occupation of the development hereby approved 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 Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

07  Water efficient design measures as 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 shall be installed and made available for use prior to the first occupation of the development hereby approved and retained in perpetuity.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM2 and the guidance within the Design and Townscape Guide (2009).

 

08  Demolition or construction works associated with this permission shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time Sundays or Bank or Public Holidays. 

 

Reason: In order to protect the amenities of surrounding occupiers and to protect the character of the area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

09  The existing cycle parking facilities on the site which serves the existing Marks Court dwellings shall not be removed unless and until details of the re-provision of the cycle parking has been submitted to and approved in writing by the local planning authority. Prior to the removal of the existing cycle parking facilities, the approved cycle parking facilities to serve the existing Marks Court dwellings shall have been provided in accordance with the approved details and retained as such in perpetuity thereafter.

 

Reason:  In the interests of residential amenity for the existing occupants and to ensure the provision of adequate cycle parking and in the interests of visual amenity as set out in the National Planning Policy Framework (2019), Core Strategy (2007) policies KP2 and CP4 and Policies DM1, DM8 and DM15 of the Development Management Document (2015) and the guidance within the Design and Townscape Guide (2009).

 

10  Prior to the first occupation of the development hereby approved, full details of refuse, recycling and secure covered bicycle storage facilities for the flats hereby approved and shall be submitted to and approved in writing by the Local Planning Authority. Prior to first occupation of the development, the refuse, recycling and bicycle storage facilities shall be provided at the site in accordance with the approved details and retained in perpetuity thereafter. 

 

Reason:  In the interests of residential amenity for future occupants, to ensure the provision of adequate cycle parking and refuse and recycling stores and in the interests of visual amenity as set out in the National Planning Policy Framework (2019), Core Strategy (2007) policies KP2 and CP4 and Policies DM1, DM8 and DM15 of the Development Management Document (2015) and the guidance within the Design and Townscape Guide (2009).

 

11  Notwithstanding the details shown in the plans submitted and otherwise hereby approved, the flats hereby granted consent 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 all windows in the proposed flats to be permanently glazed with obscured glass (to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent) and fixed shut or provided with only a fanlight opening and the manner and design in which these windows are to be implemented. Before the dwellings hereby approved are occupied the development shall be implemented in full accordance with the details and specifications approved under this condition and shall be permanently retained as such thereafter.

 

Reason: To safeguard the privacy and amenities of occupiers of neighbouring residential properties and the future occupiers of the proposed residential dwellings, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1 and advice contained in The Design and Townscape Guide (2009).

 

12  Notwithstanding the details shown in the plans submitted and otherwise hereby approved the development hereby granted consent shall not be occupied or brought into use unless and until plans and other appropriate details are submitted to the Local Planning Authority and approved in writing which specify the size, design, materials, specification and location of all privacy screens and panels to be implemented as part of the development. The development hereby permitted shall be implemented and completed in full accordance with the details approved under this condition before it is first occupied or brought into use and shall be permanently retained as such thereafter.

 

Reason: To safeguard the privacy and amenities of occupiers of neighbouring residential properties and the future occupiers of the proposed residential dwelling 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 Design and Townscape Guide (2009).

 

13  Notwithstanding the details submitted and otherwise hereby approved, the development hereby approved shall be constructed to ensure that all the  dwellings comply with building regulation M4 (2) “accessible and adoptable dwellings” prior to their first occupation.

 

Reason:  To ensure the dwelling houses hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and Design and Townscape Guide (2009).

 

14  No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide 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 including decorative displays and facilities for public viewing, where appropriate 

v.  wheel washing facilities 

vi. measures to control the emission of noise, dust and dirt during construction 

vii.  a scheme for recycling/disposing of waste resulting from demolition and construction works

 

Reason: This pre-commencement condition is needed to minimise the environmental impact and disturbance to existing residents, during construction of the development in accordance with National Planning Policy Framework (2019), Core Strategy (2007) policies KP2 and CP4; and Development Management Document (2015) policies DM1 & DM3.

 

15  Notwithstanding the information submitted and details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and excavation works, shall take place unless and until a drainage and surface water management strategy incorporating principles for Sustainable Drainage Systems (SuDS) has been submitted to and approved in writing by the Local Planning Authority. The drainage and surface water management strategy shall be implemented in full accordance with the details approved under this condition before the development hereby approved is first occupied or brought into first use.

 

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

 

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 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  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.

 

04  The applicant’s attention is drawn to condition 09 which requires the replacement of the existing cycle parking which serves the wider Marks Court development as part of this proposal. The applicant is encouraged to consider replacing the existing hoops with covered and secure cycle parking which would make this cycle storage more usable.