Proposal: Residential development comprising of up to 221 units with associated access, parking, landscaping and associated infrastructure

Applicant: Ilke Homes

Agent: Miss Esme Sparrow

 

Resolved:- (a) That the Interim Director of Planning, Growth and Housing or the Head of Planning & Building Control be DELEGATED to GRANT PLANNING PERMISSION subject to the following conditions and following the completion of a LEGAL AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) to secure the provision of:

 

• Residential use through the release of restrictions imposed in the S106 agreement dated 8 January 2004.

• 221 dwellings for affordable housing (60% shared-ownership and 40% affordable rent).

• £4,000.00 for junction improvement and traffic calming Traffic Regulation Orders.

• £10,000.00 for improved connectivity the site to footpath 178 from the eastern boundary.

• £5,000.00 for monitoring of the travel plan.

• Essex RAMS payment of £28,133.30 to mitigate the potential disturbance to European designated sites.

• Land in control of the applicant and 12% of the costs associated with the implementation of the Prittlewell Camp Scheduled Ancient Monument Archaeological Conservation Management Plan (July 2020) prepared by Orion.

• Details for travel packs to be distributed to future occupiers.

• The relevant costs for the monitoring of the S106 agreement.

 

(b) The Interim Director of Planning, Growth and Housing or the Head of Planning & Building Control be authorised to determine the application upon completion of the above agreement, so long as planning permission when granted and, where it is used, the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

 

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: PL01, PL02, PL03 Rev B, PL04 Rev A, PL05 Rev A, PL07, PL08 Rev A, PL12 Rev A, PL15, PL17 Rev B, PL20, PL21 Rev A, PL22 Rev A, PL23 Rev A, PL24 Rev A, PL25 Rev A, PL26, PL27 Rev A, PL30 Rev A, PL31 Rev B, PL35 Rev A, PL36, DR[1]5000 Rev P11, DR-5001 Rev P4, DR-5002 Rev P3, DR-5003 Rev P3, DR-5004 Rev P3, DR-5005 Rev P3, DR-5006 Rev P4, DR-5007 Rev P4, DR-5008 Rev P3, DR-5100 Rev P4, DR-5500 Rev P1, DR-5700 Rev P3, S38 Street Lighting Design, Private Street Lighting Design.

 

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

 

Impact on heritage related conditions

 

03 No development or preliminary groundworks shall take place until the Applicant has secured the implementation of a programme of archaeological works including trial trenching evaluation in accordance with a Written Scheme of Investigation (WSI) and specification which has been submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority under the provisions of this condition. The approved WSI and measures shall be undertaken by a suitably qualified archaeologist. The subsequent recording and post-excavation assessment reports shall be submitted to the majority Local Planning Authority before the development is in use.

 

Reason: A pre-commencement condition is justified to allow the preservation by record of archaeological deposits and to provide an opportunity for a watching archaeologist to notify all interested parties before the destruction of any archaeological finds in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

Design and related conditions

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved no development above ground floor slab level shall take place, unless and until full details and specifications, including samples of bricks, of the materials to be used for all the external surfaces of the proposed buildings 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 Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition. 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 of the area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

05 Notwithstanding the information submitted and details shown on the plans submitted and otherwise hereby approved, no construction or site preparation works shall take place on site unless and until details of the levels of the proposed buildings, adjoining land and any changes proposed in the levels of the site associated with the works permitted by this permission have been submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition. The highest part of the development or any apparatus shall not exceed 48.5m AOD at any time during construction or after the completion of the development. The development shall be implemented in full accordance with the details approved under this condition before it is first occupied or brought into use.

 

Reason: This pre-commencement condition is required in the interest of visual amenity of the area and safety of air traffic in accordance with the National Planning Policy Framework (2021), Policies KP2, CP3 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3, DM5 and DM15 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

06 No site preparation or development of any kind shall take place on the site unless and until tree protection measures have been implemented on site in line with the submitted Arboricultural Impact Assessment & Method Statement 2930-5-4-002 Rev P1 dated 17 June 2021 (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition). The tree protection measures shall be fully installed before the commencement of works and maintained throughout construction. The development shall be implemented in full accordance with the approved scheme, measures and methods.

 

Reason: This pre-commencement condition is justified in the interest of the visual amenity of the area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

07 Within the first available planting season (October to March inclusive) following the first use of each phase of the development hereby approved, the relevant part of the soft landscaping scheme contained within the approved plans DR-5000 Rev P11, DR-5001 Rev P4, DR-5002 Rev P3, DR-5003 Rev P3, DR-5004 Rev P3, DR-5005 Rev P3, DR-5006 Rev P4, DR-5007 Rev P4, DR-5008 Rev P3, DR-5100 Rev P4, DR-5500 Rev P1 and DR-5700 Rev P3 (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition), shall be implemented, completed and maintained thereafter in full accordance with the approved details.

 

Within a period of five years from the completion of the development hereby approved, or from the date of the planting of any tree or any tree planted in its replacement, if any tree planted as part of the approved landscaping scheme is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that of the original tree shall be planted in the same place or in accordance with alternative tree replacement details approved under the scope of this planning condition.

 

08 The use of each phase of the development hereby approved shall not commence until and unless the relevant part of the hard landscaping scheme contained in the approved plans PL04 Rev A, DR-5000 Rev P11, and DR-5100 Rev P4 (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition) has been carried out and implemented solely in full accordance with the approved details.

 

Reason: In the interest of visual amenity of the area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

Living Conditions related conditions

 

09 Prior to the first use of each dwelling hereby approved, the noise mitigation and thermal comfort measures identified in the Noise Assessment 2007190-02 dated March 2021, the Acoustician’s Letter dated 4 May 2021, the Acoustician’s Email dated 21 May 2021, the Noise Assessment Addendum 2007190-07 dated 7 July 2021, the Technical note on Noise and Thermal Comfort 2007190-08 dated 22 July 2021 and the Thermal Comfort Analysis Issue 4 dated 20 July 2021 (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition) shall be fully implemented as applicable and retained as such for the lifetime of the development.

 

The mitigation measures shall include alternative ventilation to be provided to properties near the southern and western boundary of the site as shown in Figure 1 of the Noise Assessment Addendum 2007190-07, enhanced glazing and ventilation as detailed in Table 4 of the Noise Assessment Addendum 2007190-07 and for the properties shown on Figure 2 of the Noise Assessment Addendum 2007190-07, a 4m high close boarded timber fence on the southern boundary of the site as shown on Figure 5-2 of the Noise Impact Assessment 2007190-02, 2.1m close boarded timber fence around the amenity areas of certain dwellings near the western boundary of the site as shown on figure 7-2 of the Noise Impact Assessment 2007190-02, windows to be side hung with a maximum opening angle of 45o and installed with solar control glazing with a g-value of 0.30.

 

Reason: To mitigate the noise from highway traffic and other activities in the interest of the living conditions of future occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM8 of the Southend-on-Sea Development Management Document (2015), Policies LS1 and LS2 of the London Southend Airport and Environs Joint Area Action Plan (2014), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

10 Prior to the first use of each dwelling hereby approved, obscure glazing shall be installed in accordance with an obscure glazing strategy for the site which shall have previously been submitted and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority under the provisions of this condition.

 

The submitted strategy shall include details of which plots on site and which windows on each plot would require obscure glazing. The openings that are identified as needed to be glazed in obscure glass, shall only be so with the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal finished floor level of the room or area served by the window. In the case of multiple or double-glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4 on the Pilkington scale.

 

Reason: To ensure the development has an acceptable design and protects the amenities of neighbouring occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM8 of the Southend-on-Sea Development Management Document (2015), Policies LS1 and LS2 of the London Southend Airport and Environs Joint Area Action Plan (2014), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

11 The 24no. dwellings marked as compliant with the building regulation M4(3) ‘wheelchair user dwellings’ standard on approved plan PL30 Rev A shall be constructed as such prior to their first occupation while all other dwellings on site shall be constructed to comply with the building regulation M4(2) ‘accessible and adaptable dwellings’ standard prior to their first occupation.

 

Reason: To ensure the development hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM8 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

 

12 The development on site shall be carried out solely in full accordance with the proposed measures included in the Geo-Environmental and Geotechnical Report ESP.7785b.3499 Rev 2 dated July 2021 (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition), including:

- the UXO risk mitigation measures (see Appendix C for details),

- the completion of all ground gas and groundwater level monitoring visits and production of a monitoring addendum report,

- the supplementary geo-environmental sampling in proposed areas of gardens and landscaping in order to confirm the low risk posed by contamination,

- the supplementary pH and sulphate testing where foundations will come into contact with the London Clay Formation,

- the review of allowable loadings and likely settlement once the scheme design is confirmed,

- the verification testing of any soils imported to site,

- the WM3 assessment of soils to be disposed of off-site and materials management plan for re-use of soils on site and WM3 assessment of soils to be disposed of/re-used off-site, followed by WAC testing if disposal to landfill.

 

Reason: In the interest of the residential amenity of future occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), , Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

13 Notwithstanding the provisions of Classes A and E; of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force), no enlargement, building or enclosure or swimming pool shall be erected on the application site without express planning permission from the Local Planning Authority (Southend-on-Sea Borough Council).

 

Reason: In the interest of maintaining an appropriate quantum of development on the site particularly with respect to appropriate provision of private outdoor amenity space in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), , Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

14 The Local Equipped Area of Play, details of which are included in the approved plan DR-5008 Rev P3 hereby approved, shall be constructed, completed and made available for use by at least all occupiers of the application site and their visitors prior to the occupation of any dwelling hereby approved solely in accordance with the approved details (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition) and shall be maintained as such thereafter for the lifetime of the development.

 

Reason: In the interest of the residential amenity of future occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policy DM1 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

15 Notwithstanding the information contained in the submitted Utilities Assessment 15 March 2021, prior to the first occupation of each dwelling, the appropriate infrastructure to facilitate superfast broadband or fibre connection to the dwelling shall have been provided and made available for use.

 

Reason: In the interest of the residential amenity of future occupiers in accordance with the National Planning Policy Framework (2021) and Policy CP1 of the Southend-on-Sea Core Strategy (2007).

 

16 No external lighting shall be installed on site unless in accordance with the submitted Lighting Strategy with Outdoor Lighting Reports 16 February 2021 and approved plans S38 Street Lighting Design, Private Street Lighting Design (or in accordance with alternative details which have previously been submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition) . All lighting shall be retained on site in accordance with the approved scheme and/or details for the lifetime of the development.

 

Reason: In the interest of the residential amenity of future occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015), Policy CP1 of the Rochford Core Strategy (2011), Policies DM1 and DM5 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007) and Southend-on-Sea Design and Townscape Guide (2009).

 

Highways

 

17 No dwelling shall be occupied until Southend-on-Sea Borough Council (as the majority local planning authority and highway authority) in consultation with Rochford District Council (as the minority planning Authority) have been submitted with and approved in writing a full scheme specification and programme of works, and all relevant highways approvals, consents and agreements are in place, in relation to the following highways works:

a) the internal road/highway network associated with the residential development;

b) details of the site access onto Fossetts Way for construction vehicles;

c) details of the accessibility improvements to pedestrian footpath 178; and

d) details of the junction improvement safety works. The development shall thereafter be undertaken in accordance with the approved details. No dwelling shall be occupied until full connection to footpaths and cycleways adjacent to the application site is made available. The highways works described above shall be completed for each phase of the development prior to the first occupation of the relevant phase of the development hereby approved.

 

Reason: In the interest of highway safety in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policy T1 of the Rochford Core Strategy (2011), Policies DM30 and DM31 of the Rochford Development Management Plan and the advice contained within the Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

18 No development shall take place, including any site preparation or clearance works, unless and until a Construction Management Plan and Strategy has been submitted to, and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority. The approved Construction Management Plan and Strategy shall be adhered to in full throughout the construction period. The Statement shall provide, amongst other things, for:

i) Phasing Strategy to include a programme of works, including any phasing of construction;

ii) Construction Traffic Strategy

iii) Noise and Dust Mitigation Strategies to include measures to control the emission of dust, dirt and noise during construction

iv) the parking of vehicles of site operatives and visitors

v) loading and unloading of plant and materials

vi) storage of plant and materials used in constructing the development

vii) the erection and maintenance of security hoarding

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

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

x) details of the duration and location of any noisy activities.

xi) a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution

         

Reason: This pre-commencement condition is justified in the interest of highway safety and amenity of the area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policy T1 of the Rochford Core Strategy (2011), Policies DM30 and DM31 of the Rochford Development Management Plan and the advice contained within the Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

19 At least 221 secure and covered cycle parking spaces in convenient locations to serve the development shall be provided on site and made available for use in line with details which have previously been submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition. The approved cycle parking spaces for each phase of the development shall all be provided and made available for use prior to the first occupation of the relevant phase of the development. The cycle parking spaces shall thereafter be permanently maintained solely for use by occupiers of the development and their visitors.

 

Reason: To ensure the provision of adequate cycle parking in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policy T1 of the Rochford Core Strategy (2011), Policy DM30 of the Rochford Development Management Plan and the advice contained within the Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

20 At least two (2) car parking spaces for each permitted dwellinghouse and at least one (1) parking space for each permitted flat shall have been provided on site and made available for use prior to occupation of that dwelling in accordance with the details shown on drawing PL17 Rev B (or alternative details which have previously submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition). Every car parking space shall be future proofed with passive electric vehicle charging point provision, with measures such as, but not exclusively, four-way duct and draw pits to all parking bays, so that electric charging points can be installed when demand requires. The car parking spaces shall be permanently maintained solely for use by occupiers of the relevant dwelling and their visitors.

 

Reason: To ensure adequate car parking and in the interests of providing sustainable transport choices in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policy T1 of the Rochford Core Strategy (2011), Policy DM30 of the Rochford Development Management Plan and the advice contained within the Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

21 The submitted Travel Plan 2007190-04 Rev A dated March 2021 shall be fully implemented prior to first use of the development hereby approved and be maintained thereafter in perpetuity. For the first three years at the end of each calendar year a document setting out the monitoring of the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified issues and timescales for doing so must be submitted to and approved in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition. The agreed adjustments shall be implemented in accordance with the agreed conclusions and recommendations.

 

Reason: In the interests of providing sustainable transport choices in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policies T1 and T3 of the Rochford Core Strategy (2011), Policies DM30 and DM31 of the Rochford Development Management Plan and the advice contained within the Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

22 The submitted Car Park Management Plan 2007190-06A dated March 2021 shall be implemented and operated for the lifetime of the approved development in accordance with the terms set out in therein.

 

Reason: In the interests of providing sustainable car parking in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP3 of the Southend-on-Sea Core Strategy (2007), Policies DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policies T1 and T3 of the Rochford Core Strategy (2011), Policies DM30 and DM31 of the Rochford Development Management Plan and the advice contained within the Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

Waste management

 

23 The block of flats hereby approved shall not be brought into first use unless and until waste storage and recycling facilities have been provided on site and made available for use by occupiers of the flats in line with the details shown on the approved plan PL35 Rev A. The provision of the waste storage and recycling facilities shall be retained 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 (2021), Policies KP2, CP3 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM15 of the Southend-on-Sea Development Management Document (2015), Policies CP1 and T1 of the Rochford Core Strategy (2011), Policies DM1, DM30 and DM31 of the Rochford Development Management Plan and the advice contained within the National Design Guide (2021), the Rochford Supplementary Document 7 (2007), Southend-on-Sea Design and Townscape Guide (2009) and Rochford Parking Standards Design and Good Practice Supplementary Planning Document (2010).

 

Drainage

 

24 With regard to the Flood Risk Assessment 20106-BDC-ZZ-XX-RP-C-0001 Rev P2 dated 31 March 2021 and the email in response to the LLFA consultation dated 20 May 2021, no construction works above ground floor slab level shall take place on site unless and until detailed designs of a surface water drainage scheme has been submitted to and agreed in writing by Southend-on-Sea Borough Council as the majority Local Planning Authority in consultation with Rochford District Council as the minority Local Planning Authority and the Lead Local Flood Authorities. The approved scheme shall be implemented prior to the first occupation of the development. The scheme shall address the following matters:

 

a.) The use of bioretention tree pits and small raingardens to replace the use of gully systems and petrol interceptors in the roads;

b.) A table with the greenfield runoff rates (including Qbar) compared to the proposed 5.54 l/s/ha rates;

c.) Incorporate the upstream SuDS features in the storage calculations as these will contribute to a restricted rate closer to the greenfield runoff rates. This assessment may trigger the provision of further flow controls within the site which have not been identified in the strategy (e.g. downstream of swales and permeable pavement);

d.) In the storage calculations in Appendix H:

i.) Cv values: a value of 1 should be used in new impermeable areas in line with ECC Design Guide. The values used should be justified.

ii.) Catchment areas: the areas included in the calculations in Appendix H should be presented in a table for each different scenario. This table should show how the different factors (climate change, urban creep) are applied and what is the assumed area drained into the ponds from catchments outside this site. The catchment areas within the development should consider any areas positively drained (permeable and impermeable).

iii.)Time-area diagram: the rationale for selecting different time area diagrams in the scenarios should be justified.

e.) Aim for all the sub-catchments (especially roads where pollution hazard level is low or medium) to incorporate treatment upstream of the pond. The use of bioretention tree pits and raingardens should be considered. Catchpits and gullies will not be considered appropriate pre-treatment devices;

f.) If any consents are required from Anglian Water or others in the connection to the existing pond;

g.) Evidence of acceptance in principle from Anglian Water in the connection of foul water flows into the sewer;

h.) Construction drawings, engineering layout and modelling calculations for all SuDS elements of the proposed site drainage system in line with this strategy prior to construction.

i.) A freeboard of at least 300mm for critical event of 100year plus 40 percent climate change should be provided for the pond as recommended by CIRIA SUDS manual.

j.) Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 40% climate change critical storm event.

k.) Final modelling and calculations for all areas of the drainage system should be provided.

l.) The appropriate level of treatment for all runoff leaving the site, in line with the Simple Index Approach in chapter 26 of the CIRIA SuDS Manual C753 should be provided.

m.) A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features should be provided.

n.) An updated written report summarising the final strategy and highlighting any minor changes to the approved strategy should be provided.

 

Reason: To ensure the approved development does not increase flood risk elsewhere in accordance with the National Planning Policy Framework (2021), Policies KP1 and KP2 of the Southend-on-Sea Core Strategy (2007).

 

25 Prior to occupation a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, shall have been implemented at the development hereby approved in accordance with details previously submitted to, and agreed in writing, by Southend-on-Sea Borough Council as the majority Local Planning Authority in consultation with Rochford District Council as the minority Local Planning Authority and the Lead Local Flood Authorities. The approved management plan shall be operated for the lifetime of the development. Should any part be maintainable by a maintenance company, details of long-term funding arrangements should be provided.

 

Reason: To ensure the approved development does not increase flood risk elsewhere in accordance with the National Planning Policy Framework (2021), Policies KP1 and KP2 of the Southend-on-Sea Core Strategy (2007).

 

26 The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by Southend-on-Sea Borough Council and Rochford District Council as the Local Planning Authorities and the Lead Local Flood Authorities.

 

Reason: To ensure the approved development does not increase flood risk elsewhere in accordance with the National Planning Policy Framework (2021), Policies KP1 and KP2 of the Southend-on-Sea Core Strategy (2007).

 

Ecology related conditions

 

27 The development hereby approved shall be undertaken, completed and operated thereafter solely in accordance with the findings, recommendations and mitigation measures contained within the Ecological Assessment DFA21017 dated March 2021, the Newt and Reptile Report DFA21033 dated June 2021 and the Information to Inform a Habitats Regulation Assessment DFA21018 dated March 2021. These include obtaining a licence from Natural England in order to translocate and exclude Great Crested Newts from the development site prior to the commencement of works and the provision of biodiversity enhancements through among others, community orchards, wildflower meadows, SuDS with native aquatic and mergence plants.

 

Reason: In the interest of biodiversity in accordance with National Planning Policy Framework (2021) and Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

 

Energy and water sustainability

 

28 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 Southend-on-Sea Borough Council as the majority Local Planning Authority, in consultation with Rochford District Council as the minority Local Planning Authority, under the provisions of this condition 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 (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policy DM2 of the Southend-on-Sea Development Management Document (2015) and Policy ENV8 of the Rochford Core Strategy (2011).

 

29 The dwellings hereby approved shall incorporate water efficient design measures set out in Policy DM2 (iv) of the Southend-on-Sea 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 (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policy DM2 of the Southend-on-Sea Development Management Document (2015) and Policy ENV8 of the Rochford Core Strategy (2011).

 

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.

 

(c) In the event that the planning obligations or other means of securing the financial contributions referred to in part (a) above have not been completed by 22 September 2021 or an extension of this time as may be agreed, the Interim Director of Planning, Growth and Housing or the Head of Planning & Building Control be authorised to refuse planning permission for the application on the grounds that the development would not provide adequate mitigation for the potential disturbance to European designated site, would not provide adequate levels of affordable housing, and would not provide sufficient mitigation for its highways impacts contrary to national and local planning policy.

 

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.

 

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 Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087.

 

5 Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water.

 

6 Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087.

 

7 The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements

 

8 Please note that if you require a crane or piling rig to construct the proposed development, this will need to be safeguarded separately and dependant on location may be restricted in height and may also require full coordination with the Airport Authority. Any crane applications should be directed to sam.petrie@southendairport.com / 01702 538521.

 

9 You are advised that any archaeological finds should be deposited to Southend Museums and you are encouraged to get in touch with the Victoria Rathmill (she/her), Assistant Curator of Archaeology (email VictoriaRathmill@southend.gov.uk) in order to confirm charges for this and other procedural matters in relation to archaeology.

 

10 It is strongly recommended that the applicant consult the Essex Green Infrastructure Strategy to ensure that the proposals implement multifunctional green/blue features effectively. The link is: https://www.essex.gov.uk/protecting-environment

 

11 Essex County Council has a duty to maintain a register and record of assets which have a significant impact on the risk of flooding. In order to capture proposed SuDS which may form part of the future register, a copy of the SuDS assets in a GIS layer should be sent to suds@essex.gov.uk.

 

12 Any drainage features proposed for adoption by Essex County Council should be subject of consultation with the relevant Highways Development Management Office.

 

13 Changes to existing water courses may require separate consent under the Land Drainage Act before works take place.

 

14 It is the applicant’s responsibility to check that they are complying with common law if the drainage scheme proposes to discharge into an off-site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.