Proposal: Erect single storey side and front extension to form 200 cover restaurant, new entrances and circulation lobby, erect lower ground side extensions, internal alterations including infilling of existing balcony, install canopies to front and side, alter elevations, install AHU plant to roof and digital advertisement displays, install new refuse store and cycle parking and amend on street parking layout to increase parking capacity at Westcliff Parade.

Applicant: HQ Theatres Ltd

Agent: DesignLSM

 

Resolved:-

 

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 01-00-B, 01-01K, 01-02, 01-03-A, 01-04, 02-01-K, 02-02-J, 02-03-J, 02-04-J, 09-01, 09-02, 09-03, 09-04, 09-05, 09-06, 09-07, 09-08, 09-09, 09-10

 

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

 

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and construction up to ground floor slab level shall take place unless and until full product details of the materials to be used on all the external elevations of the approved development, including walls, roof, solar shading, windows and doors, entrance canopies and signage, fascia and soffits and plant enclosure have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full accordance with the approved details before it is brought into first use.

 

Reason: To safeguard the visual amenities of the area including the setting of the adjacent Shorefields Conservation Area, in accordance with the National Planning Policy Framework (2021) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and advice contained within the Southend Design and Townscape Guide (2009).  

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above ground floor slab level shall take place unless and until full detailed design drawings and cross sections of the entrance canopies, feature signage, restaurant terrace including sun shading and any balustrading, roof edge and overhang detailing, green roof and roof plant enclosure, feature  rooflights and rainwater drainage solution 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 full accordance with the approved details before it is brought into use.

 

Reason: To safeguard the visual amenities of the area, including the setting of the adjacent Shorefields Conservation Area, in accordance with the National Planning Policy Framework (2021) Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policies DM1 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 construction works other than demolition above ground floor slab level shall take place until and unless full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be carried out prior to first occupation of the new restaurant 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 alterations to balustrading or boundaries; 

ii) Hard surfacing materials; 

iii) Full details of any associated structures (e.g. benches, planters, lighting etc.);

iv) Full details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification and management plan.

v) 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 of the area including the setting of the adjacent Shorefields Conservation Area and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy DM1 and DM5 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

 

06 Prior to the commencement of the development details of tree protection measures, in relation to the row of mature trees in the cliff gardens to the eastern side of the site, shall be submitted to and approved by the Local Planning Authority. The approved tree protection measures shall be implemented in full prior to commencement of the development and be retained throughout construction.

 

Reason: A pre-commencement condition is required to ensure that the trees on the site are adequately protected during building works in the interests of visual amenity and in accordance with the Core Strategy (2007) policies KP2 and CP4, policy DM1 of the Development Management Document (2015) and advice contained in the Design and Townscape Guide (2009).

 

07 Before the development hereby permitted is first used, a strategy to provide for 8 re-marked on-street parking spaces within Westcliff Parade, the position of which is identified on drawing No 01-00B, shall have been submitted to and approved in writing by the Local Planning Authority . The strategy shall specify the steps and timetable for how formal consideration of the provision of this amended on street parking will be initiated and then progressed in full accordance with the required statutory highway processes operated by the Council as Local Highway Authority including consideration in principle and then, if agreed in principle, any necessary Traffic Regulation Order and its outcomes. 

 

In the event that the statutory Highways process supports the provision of the amended on-street parking spaces these shall then be implemented in accordance with the details so approved prior to first use of the development hereby approved. The spaces shall be maintained and made available for use thereafter for the lifetime of the development.

 

Reason: A condition is required in the interests of highways management, the character of the area and safety in accordance with Core Strategy (2007) policies KP2, CP3 and CP4 and Development Management Document (2015) policies DM1, DM3 and DM15 and the advice contained within the Southend Design and Townscape Guide (2009).

 

08 The restaurant development hereby approved shall not be operated until and unless full details of the refuse and recycling store and the secure, covered staff cycle parking (at least 6 spaces) and visitor cycle parking (at least 6 spaces) to serve the restaurant development have been previously submitted to and agreed in writing by the Local Planning Authority. The approved details shall be implemented and made available for use prior to first occupation of the development and shall be retained for the lifetime of the development.

 

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

 

09 Prior to the first operation of the new restaurant hereby approved a waste management plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved details from first occupation for the proposed use and be maintained as such for the lifetime of the development.

 

Reason:  To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the adjacent Shorefields Conservation Area, in accordance with Policies KP2, CP3 and CP4 of the Core Strategy (2007) and Policies DM1, DM5 and DM15 of the Development Management Document (2015).

 

10 A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied using on site renewable sources shall be submitted to, agreed in writing by the Local Planning Authority and implemented in full accordance with the approved details prior to the first occupation of the development hereby approved. This provision shall be made for the lifetime of the development.

 

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), Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM2 and the Southend Design and Townscape Guide (2009).

 

11 Noise from plant and equipment associated with the development hereby approved, including extract ventilation, shall be limited to 10 dB(A) below the background noise level which is measured and expressed as a LA90,15minutes from the boundary of the nearest residential property. The rated noise levels from plant and equipment shall include any penalties for noise characteristics such as tone, intermittency, etc.

 

Prior to the first operation of the development hereby approved a post completion noise survey in relation to the restaurant roof top plant must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority.

 

Background noise levels shall be undertaken by a suitably competent person and shall be established for the following periods in accordance with BS 4142:2014+A1:2019 and/or the most suitable method to fully represent any noise source and impact at the boundary of the nearest residential properties:

 

• Daytime 0700 to 1900

• Evening 1900 to 2300

• Night 2300 to 0700 

 

Where the proposed or actual plant and equipment noise levels are predicted to be in excess of 10 dB(A) above background noise levels then the submitted report shall include a scheme of mitigation to address this issue and bring it within the identified limits. Details of how noise and vibration will be attenuated together with a maintenance schedule for the future operation of that equipment must be submitted to and approved in writing by the Local Planning Authority. Heating and ventilation shall be in accordance with current guidance from DEFRA and the Heating and Ventilating Contractors' Association (HVCA) For Kitchen Ventilation Systems and installed by a competent person. Prior to the operation of the restaurant hereby approved the agreed scheme shall be implemented by a competent person and maintained as such in perpetuity thereafter. The use hereby permitted shall not take place other than in accordance with these approved details[PK1] .

 

12 The restaurant use hereby permitted shall not be open to customers outside the following times: 09:00 hours until 23:00 hours on Monday to Sundays including Bank Holidays.

 

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

 

13 The restaurant terrace area hereby approved shall not be used by customers for any purposes from 22:00 hours until the close of business on all days. Additionally, all doors accessing the terrace shall be closed, except temporarily for access and egress, from 22:00 to 09:00 on all days.

 

Reason: In order to protect the amenities of occupiers of the development and surrounding occupiers in accordance with policies KP2 and CP4 of the Core Strategy (207) and Policies DM1 and DM3 of the Development Management Document (2015).

 

14 No deliveries or refuse collection shall be taken at or despatched from the restaurant use hereby permitted outside the hours of 07:00 to 18:00 hours Mondays to Fridays and 08:00 to 13:00hours on Saturdays nor at any time on Sundays, Bank or Public Holidays.

 

Reason: In order to protect residential amenities in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015)

 

15 Prior to the first operation of the restaurant development hereby approved, details of all external illumination [including floodlighting and digital displays] of the site including the luminance and spread of light and the design and specification of the light fittings shall be submitted to and approved in writing by the local planning authority. All illumination shall be designed in accordance with the Institute of Lighting Professionals "Guidance Note 01/20: Guidance notes for the reduction of obtrusive light". All illumination within the site shall be retained in accordance with the approved details. There shall be no other lighting of the external areas of the site. The digital displays shall only be used to advertise forthcoming events at the venue and shall not be used for any kind of general advertising at any time.

 

Reason: To safeguard the visual amenities of the area including the adjacent Shorefields Conservation Area and in the interests of the amenities of neighbouring properties and , in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy CP4, Development Management Document (2015) policies DM1 and DM5, and the Southend Design and Townscape Guide (2009).

 

16 Notwithstanding the details shown on the Drainage Statement by Glanville reference 42000507/MCR/002 dated 11.6.21 and Drainage Plans reference IC-00821-MD-090-T1, IC-00821-MD-100-T1, IC-00821-MD-200-T1, IC-00821-MD-300-T1 the development hereby permitted shall not be commenced other than for demolition works unless and until a detailed design of a surface water drainage scheme and surface water management strategy has been submitted to and approved in writing by the Local Planning Authority . The details submitted shall include, but not be limited to:-

 

1.  If the geocellular system is unlined, the applicant should confirm that any ‘partial’ infiltration does not have any impact on ground stability or groundwater.

2.  The applicant shall provide a drawing showing existing and proposed permeable/impermeable areas positively draining into the existing and proposed drainage systems.

3.  The application shall show failure/exceedance routes in the plan. 

4.  The applicant shall provide justification that there is no increase in the post-development volume runoff in line with S5 in ‘Non-statutory technical standards for sustainable drainage systems’ (DEFRA, 2015). 

5.  The applicant shall confirm with Anglian Water that the proposed rates into sewer (via the existing on-site drainage system with an indirect connection) are acceptable.

6.  The applicant shall provide Anglian Water’s acceptance for the discharge of foul water flows.

7.  The applicant shall provide a method statement detailing the effect of surface water during the construction phase and how it will be managed.

8.  The applicant shall provide information on how to manage any health and safety risks as part of the submission.

9.  The applicant shall confirm who will be the adopting authority / body responsible for the maintenance of each SuDS element and include a maintenance statement and schedule.

10. The applicant shall provide construction details for the proposed SuDS elements (green roofs, geocellular system) in line with this strategy.

 

The drainage strategy and SuDS design statement must 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 (2021), Core Strategy (2007) Policies KP1, KP2 and KP3 and Development Management Document (2015) Policies DM6 and DM14.

 

17 No development shall take place, until and unless a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be fully adhered to throughout the construction period. The Statement 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 including measures to ensure the retention of trees to the rear of the site

v) measures to control the emission of dust and dirt and reduce the impact of noisy activities 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) Measures to mitigate the impact of noise during construction..

 

Reason: This pre-commencement condition is needed in the interests of visual amenity including the setting of the adjacent Shorefields Conservation Area and the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the Development Management Document (2015).

 

18 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 Holidays.

 

Reason: In order to protect the amenities surrounding occupiers and to protect the character of the area including the setting of the adjacent Shorefields Conservation Area in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1,DM3 and DM5 of the Development Management Document (2015).

 

19 Notwithstanding the information submitted with the application, the development hereby approved shall not be brought into first use unless and until a Travel Plan including a comprehensive survey of staff and patrons, targets to reduce car journeys to and from the site, identifying sustainable transport modes including cycling and modes of public transport and measures to reduce car usage has been submitted to and agreed in writing by the local planning authority. The approved Travel Plan shall be fully implemented prior to first use of the development hereby approved and shall be maintained thereafter in perpetuity and shall be reviewed after 9 months of the development’s first use. 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 the local planning authority. The agreed adjustments shall be implemented in accordance with the agreed conclusions and recommendations.

 

Reason: To promote sustainable modes of transport to and from the site in the interest of sustainability and in accordance with the National Planning Policy Framework (2021) , Core Strategy (2007) Policy CP3, Policy DM15 of the Development Management Document (2015) and advice contained in the Design and Townscape Guide (2009).

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.  The detailed analysis is set out in a report on the application prepared by officers.

 

Informatives

 

01 Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and it is the responsibility of the landowner(s) to ensure they have fully complied with the requirements of these regulations. A failure to comply with the CIL regulations in full can result in a range of penalties. For full planning permissions, a CIL Liability Notice will be issued by the Council as soon as practicable following this decision notice. For general consents, you are required to submit a Notice of Chargeable Development (Form 5) before commencement; and upon receipt of this, the Council will issue a CIL Liability Notice including details of the chargeable amount and when this is payable. If you have not received a CIL Liability Notice by the time you intend to commence development it is imperative that you contact S106andCILAdministration@southend.gov.uk to avoid financial penalties for potential failure to comply with the CIL Regulations 2010 (as amended). If the chargeable development has already commenced, no exemption or relief can be sought in relation to the charge and a CIL Demand Notice will be issued requiring immediate payment. Further details on CIL matters can be found on the Planning Portal (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) or the Council's website (www.southend.gov.uk/cil).  

 

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 advised that separate advertisement consent may be required for the digital displays.  

 

04 The applicant is advised that compliance with this decision notice does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. Contact 01702 215005 for more information.

 

05 The applicant is reminded that this permission does not bestow compliance with the Food Safety and Hygiene (England) Regulations 2014 or any other provision so enacted, such as those located within the Food Safety Act 1990. Applicants should contact the Council's Environmental Health Officer for more advice on 01702 215005 or at Regulatory Services Department, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ZG The applicant is advised that any waste food collection must be undertaken by a licenced operator.