Proposal: Alter shopfront and install new extraction flue system and bin store to rear.

Applicant: Mr Abdelhamid Oukili

Agent: S K Architects

Resolved:

PLANNING PERMISSION GRANTED subject to the following conditions:

01 The development hereby permitted shall begin not 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 permitted shall be carried out in accordance with the following approved plans 732-P01-Rev A, 732-P03B- Rev G.

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

03 The replacement shopfront within the development hereby approved including the bifold doors including stallriser panel detail, fanlights, relocated door and fascia shall only be finished in painted timber. Prior to first operation of the rear flue the following shall have been completed at the site:

a) the flue shall have been spray painted to reasonably match the colour of the host building or in accordance with details of any other external treatment which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition,

b) the screen balustrading shall have been erected in accordance with the details shown on drawing number 732-P03B – Rev G and

c) the new shopfront and fascia shall have been completed in accordance with the details on drawing 732-P03B- Rev G

Reason: To safeguard the visual amenities of the conservation area, including the weight attached as part of a balanced assessment taking account of the benefits to the building and Conservation Area attributed to the new shopfront and fascia which is all 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-on-Sea Design and Townscape Guide (2009), the National Design Guide (2021) and Leigh Cliff Conservation Area Appraisal (2021).  

04 Prior to first operation of the extraction flue system hereby approved, the noise mitigation measures as detailed in the Noise Impact Assessment Report - Kitchen Extraction System 55 Broadway, Leigh-On-Sea SA9 1PE for Picante Leigh-On-Sea by Sound Licensing Limited and dated 27 April 2022 (revision 1) shall be implemented, installed by competent persons and completed at the site in full accordance with those mitigation measure details. Additionally, prior to first operation of the development hereby approved, 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. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in the post- completion testing report. If the mitigation measures tested in the post-completion report prove to be insufficient, details of additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), shall be submitted to and approved in writing by the Local Authority and installed and tested thereafter at the site prior to operation of the flue extraction system. The mitigation measures as approved shall be retained for the lifetime of the development.

Reason: To ensure the resulting noise from the flue extraction system would not be detrimental to living conditions of neighbouring and future occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

05. The bifold doors within the shopfront hereby approved shall be closed between 22.00 and 09.00 hours Mondays to Sundays.

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

06 Prior to first operation of the rear flue hereby approved, the commercial refuse store, as shown on the plan reference 732-P03B- Rev G, shall be provided at the site and made available for use. This refuse store shall be retained 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 surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policies DM5 and DM15 of the Development Management Document (2015).

07 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, Bank or Public Holidays.

Reason: In the interests of the amenities of neighbours pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

08 There shall be no depositing of refuse into, or collection of refuse from, the bin store hereby approved outside the hours of 08:00 and 19:00 on any day.

Reason: In order to protect the amenities of occupiers of surrounding occupiers  in accordance with 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).

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 You are advised that as the proposed development equates to less than 100sqm of new floorspace and does not involve the creation of a new dwelling (Class C3), the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about 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 City.

03 The applicant is advised that any takeaway function associated with any restaurant use of the application site within Class E (Business) of the Use Class Order must remain ancillary to that main restaurant function. If the takeaway element is judged to be more than ancillary, then separate express planning permission will be required for this change of use.

04 The applicant is reminded that the development hereby approved will have an impact on the area of flat roof proposed as an amenity terrace to the first floor flat in the residential scheme approved in 2021 reference 21/02206/FUL. This aspect of the residential scheme will therefore require amendment and will be considered on its individual merits – this amendment must be sought through a separate application.

05 The applicant is advised that separate advertisement consent is required for any new signage and planning permission is likely to be required for any externally mounted lighting fixtures.

06 Prior to any alterations to the existing building an appropriate Asbestos survey of the buildings should be undertaken, and a scheme implemented to remove and safely dispose of any asbestos-containing materials in accordance with the Control of Asbestos Regulations 2012 and the applicant's/developer's Waste duty of care.