Agenda item

21/01715/BC3 - Garages, Juniper Road, Leigh on Sea (Blenheim Park Ward)

Minutes:

Proposal: Demolish existing garages, erect six modular dwellings (Use Class C3), associated landscaping works, refuse and cycle stores

Applicant: Hill Partnerships Limited & Southend-on-Sea Borough Council

Agent: Lanpro Services Limited

 

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 109-16-PS-001, 109-16-PS-002-B (showing tree protection measures), 109-16-PS-003-A, 109-16-PS-004-A, 109-16-PS-005-A, 109-16-PS-006-A, 109-16-PS-007-B, Cabin specifications 0000-HF-000-00-DR-BC-0002-C08, 0000-HF-000-00-DR-BC-0006-C02, CHM-01-D5, CHM-83-D7, CHM-88-D4, CHM-89-D3, CHM-90-D3 and Existing and Proposed Site Levels S21-269-301-B.

 

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

 

03 Before they are first occupied the materials for the external surfaces of the dwelling units hereby approved shall be as set out on drawing reference 0000-HF-000-00-DR-BC-0006-C02 or any other details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

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

 

04 The replacement boundaries to the rear gardens of the neighbouring dwellings which directly share a boundary with the site subject of this approved development shall have a 2.2m close boarded fence measured from the immediately adjacent garden level as shown on plans reference S21-269-301-B and 109-16-PS-012-A and the hard and soft landscaping at the site shall be carried out in full accordance with the proposed Soft Landscape Plan by Nigel Cowlin Landscape Planning and Design reference 21.672 rev A dated 11.08.21 and Soft Landscape Proposals Plan reference NC21.672-P-200-B in both cases prior to occupation of the dwellings units hereby approved, or any other details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. 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. The fencing shall be maintained for the lifetime of the development.

 

Reason: In the interests of visual amenity of the area and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy DM1 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

 

05 The development hereby approved shall only be used as accommodation for people who are, or would otherwise be, defined as homeless under the Housing Act 1996. The number of persons residing at any one time in the development hereby approved shall not exceed 6. The units shall each only be single occupancy.

 

Reason: In the interests of the amenities of future occupiers, the amenities of neighbours and parking provision in accordance with Policies KP2 and CP5 of the Core Strategy (2007) and Policies DM1, DM3 and DM15 of the Development Management Document (2015).

 

06 Before the first occupation of the dwellings hereby approved, a Management Plan setting out how the accommodation will be operated and managed shall be submitted to the Local Planning Authority and approved in writing. The Management Plan submitted shall include details of the measures to be implemented to minimize the impacts of the development in terms of antisocial behaviour, noise and disturbance to neighbouring occupiers. It shall also include details as to the process to be used for evicting tenants in breach of the site’s management policies, including the Management Plan approved under this condition. The development shall only be occupied in accordance with the approved Management Plan.

 

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009).

 

07 The 3 car parking spaces and the associated vehicular access for the spaces to access the public highway, shown on approved plan 109-16-PS-002-B shall be provided and made available for use at the site prior to the first occupation of the dwelling units hereby approved. The single car parking space within the main body of the site and the associated vehicular access to and from the public highway shall thereafter be permanently retained solely for the parking of vehicles and the accessing of the car parking spaces in connection with the occupiers of the dwellings hereby approved and their visitors.

 

Reason: To ensure that satisfactory off-street car parking is provided in the interests of residential amenity and highways efficiency and safety, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM15 and the Southend Design and Townscape Guide (2009). 

 

08 The development hereby approved shall not be occupied or brought into use until and unless the refuse and recycling and cycle storage facilities are provided and made available for use in full accordance with the details shown on approved drawing numbers 109-16-PS-002-B and 109-16-PS-006-A . The refuse and recycling and cycle storage facilities shall be permanently retained for occupiers and visitors to the approved residential units for the lifetime of the development. 

 

Reason: To ensure that adequate refuse and 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 All development at the site in relation to this approval shall be carried out in full accordance with the Construction Transport Management Plan by Hill reference PDN05-G3-12.02.2018-Version 5, the Construction & Demolition Management Plan by Hill reference PDN05-G3-12.02.2018-Version 5 and Demolition Strategy dated 20.10.21. The tree protection fencing shown on approved plan reference 109-16-PS-002-B shall, so far as is reasonable, be installed immediately following the demolition of the garages in this location and shall be retained throughout the construction period.

 

Reason: This condition is needed in the interests of visual amenity and the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

10 The site subject of this approval shall be remediated in full accordance with the Site Remediation Strategy set out in Section 8.6 of the Geo-Environmental Report by Enzygo reference CRM.1027.097.GE.R.001.A dated September 2021 before the construction of the development hereby approved begins. A Validation Report for the Site Remediation Strategy shall be submitted to, and agreed in writing by the Local Planning Authority before completion of the development or occupation of the dwellings (whichever comes first).

 

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 immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme musty be prepared submitted for the approval in writing of the Local Planning Authority.

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

11 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 in accordance with the approved details prior to the first occupation of the dwelling 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).

 

12 With reference to BS 4142:2014+A1:2019, the noise rating level arising from all plant including the air source heat pumps within the development hereby approved shall be at least 10dB(A) below the prevailing background which is expressed as a LA90,15minutes at the boundary of the nearest residential property with no tonal or impulsive character. The rated noise levels from plant and equipment shall include any penalties for noise characteristics such as tone, intermittency, etc. Background noise levels shall be established for the following periods: Daytime 0700 to 1900, Evening 1900 to 2300 and Night 2300 to 0700 by a suitably competent person.

 

Prior to operation a post completion noise survey must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. Where the proposed or actual plant and equipment noise levels are predicted to be in excess of 10 dB(A) above background noise levels a noise mitigation scheme shall be implemented and maintained as such for the lifetime of the development.

 

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

 

13 Prior to occupation of the new build residential units 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 first occupation of the development the surface water attenuation strategy (SuDS) for the site shall be implemented in full as set out in Drainage Statement by Walker Associates reference C7523 dated October 2021, Drainage Plans C7523/CE1 and C7523/CE2 and supplementary information contained in the emails from agent dated 25.10.21 and 03.11.21 and it shall be retained as such in perpetuity thereafter.

 

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 the National Planning Policy Framework (2021), Policy KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015)

 

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

 

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

 

16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that Order with or without modification, no extensions or detached buildings shall be erected at the development hereby approved specified within Schedule 2, Part 1, Classes A, B, D, E and F of the Town and Country Planning (General Permitted Development) Order 2015 without the receipt of express planning permission in writing from the Local Planning Authority .

 

Reason:  To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the Southend Design and Townscape Guide (2009).

 

17. Before the units hereby approved are first occupied external lighting for the development shall be installed as set out on plan reference 109-16-PS-022 or in accordance with any other details that have previously been submitted to and approved in writing by the local planning authority under the terms of this condition.

 

Reason: A condition is justified to ensure any protected species and habitats utilising the site are adequately protected in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM2.

 

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). Enclosed with this decision notice is a Community Infrastructure Levy (CIL) Liability Notice for the attention of the applicant and any person who has an interest in the land. This contains details including the chargeable amount, when this is payable and when and how exemption or relief on the charge can be sought.

 

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.

 

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.

Supporting documents:

 

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