Proposal:

1. 21/00289/FUL - Convert existing farm buildings into single dwelling house

2. 21/00416/LBC - Convert existing farm buildings into single dwelling house (Listed Building Consent)

Applicant: Mr David Dedman

Agent: SKArchitects

 

Resolved:-

 

1.  That PLANNING PERMISSION be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin not later than three years of 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 10186-01, 10186-02, 10186-03, 10186-04, 504_P308B, 504_P400A, 504_P401A, 504_P402A, 504_P403B, 504_P404, 504_P405A, 504_P406A, 504_P407A, 504_P409, 504_P410A, 504_P411A

 

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

 

03 The development hereby approved shall be carried out in full accordance with the mitigation measures identified in the Flood Risk Assessment by SLR reference 402.08714.00004 dated Feb 2020 and plans reference 504_P411A and 504_409 before the approved dwelling is occupied and the recommended mitigation measures shall be maintained for the lifetime of the development.

 

Reason: To ensure the site is protected to the standard that the development is designed and modelled to within the submitted Flood Risk Assessment National Planning Policy Framework and Policy KP2 of Core Strategy.

 

04 The materials used for the development hereby approved shall only be as specified on plans reference 504_308B, 504_P403B, 504_P404, 504_P406A, 504_P409 unless alternative material details are otherwise submitted to and agreed in writing with the local planning authority under the scope of this planning condition. 

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).

 

05 The retention and re-siting of the existing historic features impacted by the development hereby approved shall be carried out in full accordance with the specifications set out in the Gazetteer of Historic Features by SKArchitects reference 504B and plans reference 504_409 and 504_410A before the dwelling hereby approved is brought into use.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

06 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no new windows, doors or rooflights shall be installed unless and until full detailed design drawings and cross sections of the proposed new doors including shutters where appropriate, windows and rooflight detailing to be installed in the dairy roof vents at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details before it is brought into use.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009). 

 

07 No electricity, gas or water meter boxes, soil ventilation pipes, air extraction pipes, air conditioning units, boiler flues, ventilation grills, ducting or telecommunication equipment shall be fixed to the exterior of the building without prior written approval of the local planning authority.

 

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM5 of the Development Management Document (2015).

 

08 The soft landscaping at the site shall be carried out in full accordance with the details and specifications shown in landscaping plan reference 504_P402 before the dwelling hereby approved is occupied. The surfacing of the courtyard, parking spaces and driveway shall remain as the existing surfacing.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

09 Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking, re-enacting or modifying that Order), there shall be no formation of new marked or treated boundaries of any kind within the site including to separate the main farmhouse from the courtyard.

 

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM5 of the Development Management Document (2015).

 

10 Prior to the commencement of the development hereby approved, tree protection measures, as set out in the Arboricultural Impact Assessment by Owen Allpress reference 2322 dated 25.02.21, shall be implemented in full and shall be retained throughout construction of the development.

 

Reason:  A pre commencement condition is required to ensure the trees to the west of the site are adequately protected during building works in the interests of visual amenity and 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).

 

11 The development hereby approved shall not be occupied until and unless 1 car parking space has been provided at the site and made available for use solely for occupiers of the residential unit hereby approved and their visitors all in accordance with the details shown on drawing 504_P401A.  The parking spaces shall be permanently retained thereafter solely for the parking of occupiers of and visitors to the development.

 

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

 

12 The development hereby approved shall not be occupied until and unless the cycle parking store and the refuse and recycling store, as shown on drawing 504_P403B, have been provided at the site in full accordance with the approved plans and made available for use for the occupiers of the dwelling hereby approved. The approved scheme shall be permanently retained for the storage of cycles and waste and recycling thereafter. 

 

Reason: To ensure that adequate refuse and recycling storage cycle parking is provided and retained to serve the development in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policies DM8 and DM15 of the Development Management Document (2015).

 

13 Prior to occupation of the dwelling hereby approved, appropriate water efficient design measures as set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to not more than 105 litres per person per day (lpd) (110 lpd when including external  water  consumption), to include measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be implemented for the development and thereafter 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 (2021), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice contained within the Southend Design and Townscape Guide (2009).

 

14 Prior to any drainage infrastructure being installed, in accordance with the submitted Flood Risk Assessment by SLR reference 402.08714.00004 dated Feb 2020 and Technical Note by SLR reference 402.08714.00004 dated 09.03.20, detailed designs of a surface water drainage scheme incorporating the following details shall be submitted to and agreed with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme shall be implemented in accordance with the approved details prior to the first occupation of the development. The scheme shall address the following matters:

 

(a.) A detailed drainage plan including pipe diameters, cover levels and invert levels, conveyance and failure/exceedance routes;

 

(b.) A comment on the effects of high-water levels in the watercourse in the site drainage systems;

 

(c.) A detailed construction drawing for the proposed geocellular storage and the flow-control chamber;

 

(d.) Evidence of the assessment of any health and safety risks; 

 

(e.) A method statement detailing the effect of surface water during the construction phase;

 

(f.) Details of the body that will be responsible for the maintenance of the drainage system throughout the lifetime of the development including a management statement and schedule to outline the required maintenance for the geocellular storage and filter drains;

 

(g.) Measures to ensure damage to the drainage system resulting from associated construction activities must be considered and minimised;

 

(h.) Where required proposals for foul drainage.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with Policy KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

15 All glazing to habitable rooms within the new and replacement windows shall be acoustic glazing RW 39 to meet the requirements of British Standard 8233:2014 unless alternative details are otherwise submitted to and agreed in writing with the local planning authority under the scope of this planning condition. 

 

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

 

16 (a) Notwithstanding the details submitted and otherwise hereby approved, no development shall take place, other than that required to carry out additional necessary investigation which in this case may include demolition, site clearance, removal of underground tanks and old structures, and any construction until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall assess the nature and extent of any contamination on the site whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be submitted to and approved in writing by the Local Planning Authority.

 

The report of the findings must include:

 

(i) A survey of extent, scale and nature of contamination;

 

(ii) An assessment of the potential risks to:

-  human health;

-  properly (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

-  adjoining land;

-  groundwaters and surface waters;

-  ecological systems;

-  archaeological sites and ancient monuments; and

-  an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

 

(b) Remediation Scheme: Notwithstanding the details submitted and otherwise hereby approved, no development shall be undertaken, other than where necessary to carry out additional investigation, until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. This must be conducted by a competent person and in accordance with DEFRA and the Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

 

(c) Implementation of Remediation Scheme: Notwithstanding the details submitted and otherwise hereby approved, no development shall be undertaken unless and until the measures set out in the detailed remediation scheme approved under part (b) of this condition have been implemented. The Local Planning Authority may give approval for the commencement of development prior to the completion of the remedial measures when it is deemed necessary to do so in order to complete the agreed remediation scheme. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced. This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency’s 'Model Procedures for the Management of Land Contamination, CLR11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

 

(d) Reporting of Unexpected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 7 days to the Local Planning Authority. Development must be halted on that part of the site until an assessment has been undertaken in accordance with the requirements of part (a) of this condition, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, has been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of part (b) of this condition. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority before the development is brought into use.

 

Reason: To ensure that any contamination on site is identified and treated so that it does not harm anyone who uses the site in the future and in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM14 of the Development Management Document (2015).

 

17 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no works associated with this consent shall be undertaken unless and until 2 x Schweglar bat boxes are installed in accordance with plan reference 504_P402A. The proposed site clearance and construction works shall then be carried out in full accordance with the recommended mitigation measures nesting birds as set out on page 5 of the Ecology Report by Cherryfield Ecology dated 23.2.21 and the mitigation measures for bats set out in Section 4.3 of the Ecology Report by Cherryfield Ecology dated 30.6.21 or any other details that have been previously agreed in writing by the Local Planning Authority under the terms of this condition.

 

Reason: A condition is requited to ensure any bats or nesting birds utilising the site are adequately protected during building works in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2 and Development Management Document (2015) policy DM2.

 

18 Construction Hours for the development hereby approved shall be restricted to 8am – 6pm Monday to Friday, 8am - 1pm Saturday and not at all on Sundays or Bank Holidays.

 

Reason: In the interests of visual amenity and the amenities of neighbours and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and 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 notice. 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 If construction works are to be considered outside of normal hours especially overnight it is recommended that the applicant applies for a prior consent application under section 61 of the Control of Pollution Act 1974. A consent enables the applicant to conduct the works without the worry of enforcement provided they comply with it. The applicant will have to submit details of any noisy works including type of plant and machinery to be used, proposed daily start and finish times, consultation with nearby residents and businesses and duration and time scales of the works. The applicant should contact the Regulatory Services Team at Southend-on-Sea Borough Council for details.

 

04 The applicant is advised that an environmental permit for flood risk activities may be needed if works are proposed in, under, over or within 8 metres (m) from a fluvial main river and from any flood defence structure or culvert or 16m from a tidal main river and from any flood defence structure or culvert. The Eastwood Brook is designated a ‘main river’. Application forms and further information can be found at: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits.  It should be noted that anyone carrying out these activities without a permit where one is required, is breaking the law.

 

05 The applicant is reminded that a bat mitigation licence must be obtained prior to commencement of the works.

 

 

2.  That LISTED BUILDING CONSENT be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin not later than three years of the date of this decision

 

Reason:  Required to be imposed pursuant to Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990.

 

02 The development hereby permitted shall be carried out in accordance with the following approved plans 10186-01, 10186-02, 10186-03, 10186-04, 504_P308B, 504_P400A, 504_P401A, 504_P402A, 504_P403B, 504_P404, 504_P405A, 504_P406A, 504_P407A, 504_P409, 504_P410A, 504_P411A

 

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

 

03 The materials used for the development hereby approved shall be as specified on plans reference 504_308B, 504_P403B, 504_P404A, 504_P406A, 504_P409 unless alternative material details are otherwise submitted to and agreed in writing with the local planning authority under the scope of this planning condition.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

04 The retention and re siting of the existing historic features impacted by the development hereby approved shall be carried out in full accordance with the specifications set out in the Gazetteer of Historic Features by SKArchitects reference 504B and plans reference 504_409 and 504_410A before the dwelling hereby approved is brought into use.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

05 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no new windows, doors or rooflights shall be installed unless and until full detailed design drawings and cross sections of the proposed new doors including shutters where appropriate, windows and rooflight detailing to be installed in the dairy roof vents at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details before it is brought into use.

 

Reason: To safeguard the visual amenities of the historic buildings, setting of the adjacent listed farmhouse and the wider streetscene, in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and advice contained within the Southend Design and Townscape Guide (2009). 

 

06 No electricity, gas or water meter boxes, soil ventilation pipes, air extraction pipes, air conditioning units, boiler flues, ventilation grills, ducting or telecommunication equipment shall be fixed to the exterior of the building without prior written approval of the Local Planning Authority.

 

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM5 of the Development Management Document (2015).

 

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.