Proposal: Demolish existing building and part erect five storey, part 4 storey and part 3 storey  building comprising of 20 flats with ground floor commercial unit (class E) and parking, layout cycle stores, bin stores and form vehicle access onto Fleetwood Avenue.

Applicant: SK Architects

Agent: SK Architects

 

Mr Webb, a local resident, attended the meeting and spoke as an objector to the application.  A representative from SK Architects attended the meeting and responded on behalf of the applicants.

 

Resolved:

 

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

 

•                A policy compliant financial contribution of £306,414.69 in lieu of onsite provision of affordable housing

•                £33, 343.93 contribution towards secondary education

•                The planting of 3 new street trees in the highway to the front of the site to the Council’s specifications including the reinstatement of the redundant London Road crossover in this location.

•                The provision of Travel Packs for residents and Travel Plan Monitoring.

•                £2,754.20 towards biodiversity mitigation, management, protection or education (RAMS).

•                Standard S106 Monitoring Fee

 

(b) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

·       A policy compliant financial contribution of £306,414.69 in lieu of onsite provision of affordable housing

·       £33, 343.93 contribution towards secondary education

·       The planting of 3 new street trees in the highway to the front of the site to the Council’s specifications.

·       The provision of Travel Packs for residents and Travel Plan Monitoring.

·       £2,754.20 towards biodiversity mitigation, management, protection or education (RAMS).

·       Standard S106 Monitoring Fee

That the Director of Planning or the Development Control Service Manager be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the section 106 agreement referred to above and subject to the conditions set out below.

 

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 409P01, 409P02B, 409P03A, 409P04B, 409P05B, 409P06B, 409P07A.

 

Reason: To ensure that the development is carried out in accordance with 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 development, including walls, projecting and inset balconies including floor, underside, fascia and soffit, windows and doors, roof and roof terraces, coping, shopfront including details of any synthetic materials to be applied to the glazed frontage of the commercial unit, colonnade, fascia and soffits, privacy screen, rainwater goods and boundaries have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details before it is brought into first use.

 

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) Policies DM1 and DM5 and advice contained within the National Design Guide (Rev 2021) and the Southend-on- Sea  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 slab level shall take place unless and until full detailed design drawings and cross sections of the shopfront including approach to signage, window reveals and lintel details, balcony design, roof edge details 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 accordance with the approved details before it is brought into use.

 

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) Policies DM1 and DM5 and advice contained within the National Design Guide (Rev 2021) and the Southend-on- Sea  Design and Townscape Guide (2009).  

 

05 No development shall take place above ground floor slab level until details of the design and specification of the privacy screen to the north terrace have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out solely in accordance with the approved details before it is first occupied and shall be retained for the lifetime of the development.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1, and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

06 Other than the areas specifically denoted as roof terraces on the plans hereby approved, the roofs of the building hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other purpose unless express planning permission has previously been obtained.  The roof can however be used for the purposes of maintenance or to escape in an emergency.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with Core Strategy (2007) policies KP2 and CP4, the Development Management Document (2015)  policies DM1 and DM3 and advice contained within the Southend Design and Townscape Guide (2009)

 

07 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than construction up to ground floor slab level shall take place until 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 landscaping works shall be carried out prior to first occupation of the development unless otherwise agreed in writing by the Local Planning Authority. The details submitted shall include, but not limited to:-

 

i)      Existing and proposed finished site levels or contours. 

ii)     Details of means of enclosure, of the site including any gates or boundary walls and fencing. 

iii)   Hard surfacing materials for forecourt and parking area. 

iv)  Hard and soft landscaping for the 2^nd floor communal roof terrace

 

Reason: In the interests of the 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)

 

08 The 20 car parking spaces, including 2 disabled spaces, and the associated amended vehicular accesses for the spaces to access the public highway at the site as shown on approved plan 409P03A shall be provided and made available for use prior to the first occupation of the dwellings hereby approved.

 

The car parking spaces 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. Each parking space shall have access to an electric vehicle charging point. 

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) and the Electric Vehicle Charging Infrastructure for new development Supplementary Planning Document (2021)

 

09 The development hereby approved shall not be occupied until at least 20 secure, covered cycle parking spaces to serve the residential development and the 6 secure, covered cycle spaces to serve the commercial development as shown on drawing 409P03A  have been provided at the site and made available for use in full accordance with the approved plans by occupiers of the residential and commercial units hereby approved and their visitors. The approved scheme shall be permanently retained for the lifetime of the development . 

 

Reason: To ensure that adequate 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).

 

10 The development hereby approved shall not be occupied unless and until the commercial and residential refuse stores that serve the development as shown on drawing 409P03A have been provided at the site in full accordance with the approved plans and made available for use by occupiers of the residential and commercial units hereby approved. The approved scheme shall be permanently retained for the storage of waste and recycling for the lifetime of the development

 

Reason: To ensure that adequate refuse and recycling storage is provided and retained to serve the development in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM8 and DM15 of the Development Management Document (2015).

 

11 A scheme detailing how at least 10% of the total energy needs of the development 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 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 advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

12 Prior to occupation of the development 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 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 whole development and 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 in the Southend-on-Sea Design and Townscape Guide (2009).

 

13 Before any of the residential units hereby approved are first occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that 2 of the flats hereby approved comply with building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 18 flats comply with building regulation M4(2) ‘accessible and adaptable dwellings standard 

 

Reason: To ensure the residential units hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice in the Southend-on-Sea  Design and Townscape Guide (2009).

 

14 Notwithstanding the details shown in the plans submitted and hereby approved, the overall height of the  development, including any aerials, plant or other structures, must not exceed 56.46m Above Ordnance Datum

 

Reason: In the interests of aircraft safety and the safe operation of London Southend Airport in accordance with the National Planning Policy Framework (2021) and Policy DM1 of the Development Management Document (2015)

 

15 Notwithstanding the provisions of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any revocation, amendment or adaptation of this legislation of for the time being may be in force, the commercial floorspace hereby approved shall be used only for purposes falling within Class E except for use as a gymnasium with Class E(d)  (of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in

force). 

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and amenities of the area including because a gymnasium use could present noise and vibration characteristics impacts potentially harmful to residential amenity which would warrant further detailed assessment all in accordance with Policies CP1, KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM11 and DM3 of the Development Management Document (2015).

 

16 The commercial ground floor unit hereby approved shall not be open for customers outside the following hours: - 0700 hours to 2200 hours on any day.

 

Reason:  To  protect  residential  amenity  and  general  environmental quality in accordance with the National Planning Policy Framework (2021), Core  Strategy (2007)  Policies KP2  and  CP4,  and  Policies DM1 and DM3 of the Development Management Document (2015).

 

17 No plant or ventilation equipment for the ground floor commercial unit (use class E) hereby approved shall be installed until and unless full details of its location, design and technical specifications and a report detailing any mitigation measures required and proposed in respect of noise impacts on the nearest noise sensitive properties has been submitted to, and approved in writing by, the Local Planning Authority. The installation of the plant and ventilation equipment shall be carried out only in full accordance with the approved details and specifications and any noise mitigation measures shall be undertaken in accordance with the agreed details before the plant and ventilation equipment is brought into use. With reference to British Standards BS4142 the noise rating level arising from all plant and ventilation equipment shall be at least 5dbB(A) below the prevailing background at 3.5m  from the ground floor facades and 1m from all other facades of the nearest noise sensitive property with no tonal or impulsive character.

 

Reason: To protect the amenities of the occupiers of the development and neighbouring occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3, DM5 and DM8 of the Development Management Document (2015) and advice in the  Southend-on-Sea Design and Townscape Guide (2009).

 

18 No deliveries or refuse collection shall be taken at or despatched from the ground floor  commercial unit hereby approved outside the hours of 07:00 to 20:00 hours Mondays to Saturdays and 09:00 to 18:00 hours on Sundays nor at any time on Bank or Public Holidays.

 

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 (2007) and Policies DM1 and DM3 of the Development Management Document (2015)

 

19 No development above ground floor slab level shall take place unless and until a Noise Impact assessment (NIA) has been conducted by a competent person to assess all external and internal noise impacts on the future residents of the development. These shall include but not be limited to: 

•                Road traffic noise

•                Airborne and impact noise caused by normal living where bedrooms are above or below living areas 

•                Internal plant noise including lifts 

•                Use of communal stairwells and halls  

•                Bedrooms above the commercial unit

•                Impact of external building services and extract ventilation equipment

•                Noise from deliveries 

Measurement and mitigation from traffic noise shall be undertaken in accordance with BS8233:2014 and plant and equipment in accordance with BS4142 BS 4142:2014+A1:2019 and/or the most appropriate method to provide accurate and representative noise predictions so that noise will not cause a statutory nuisance. 

 

To prevent nuisance from normal living sound insulation standards are required to exceed the requirements of Building Regulations Approved Document E by 5dB such that airborne sound insulation weighted standardised level difference is increased by 5dB DnT,w + Ctr and the maximum allowable weighted standardised impact sound pressure level is reduced by 5dB LnT,w.

 

Prior to the first use/occupation of the development 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. and must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The final noise mitigation schemes shall be operated and maintained thereafter.

 

The applicant must also have regards to thermal comfort and noise mitigation in accordance with Acoustic Ventilation and Overheating - Residential Design Guide by IOA and ANC. Where necessary a scheme for approval for alternative means of ventilation and air cooling and heating is required in writing to demonstrate that:

 

The alternative means of ventilation and cooling will not  compromise any noise protection measures; the alternative means of ventilation and cooling will not present an adverse noise or odour impact on occupants; the alternative means of ventilation and cooling will enable optimum living conditions in all weather and with reference to climate change predictions.

The means of ventilation must be in accordance with documents CIBSE Guide A:2015-Environmental Design, CIBSE TM52:2013-The limits of thermal comfort: avoiding overheating in European buildings and CIBSE TM59:2017-Design methodology for the assessment of overheating risk in homes. The alternative means of ventilation shall be maintained thereafter.

 

Reason: In the interest of the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

20 With the exception of below ground investigation work and removal of the previous structures on site, no development shall take place until and unless the following details have been submitted to and approved in writing by the Local Planning Authority.

 

A. An instructive investigation (Phase II Site Investigation) must be undertaken in order to quantify the risks identified by the Phase 1 Site Investigation. The investigation must be undertaken in accordance with the scope of work outlined in the Phase 1 Desk Study Report by Endeavour Drilling reference END19-049 dated July 2019.  The Phase II report must be submitted to the Local Planning Authority for approval. The assessment must be undertaken by a competent person in accordance with British Standards 10175:2011 (Investigation of potentially contaminated sites – Code of Practice) and the Environment Agency/DEFRA ‘Model Procedures for the Management of Land Contamination.

 

B. Where the Phase II Investigation Report identifies any unacceptable risk or risks, a detailed Site Remediation Strategy to deal with land contamination and /or pollution of controlled waters affecting the site shall be submitted and approved by the Local Planning Authority.  With the exception of below ground investigation work and removal of the previous structures on site, no development shall take place until and unless this Site Remediation Strategy has been approved in writing by the Local Planning Authority.

 

C. The site shall be remediated in accordance with the approved Site Remediation Strategy 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 premises (whichever comes first).

 

D. If, during the development, land contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further works shall be carried out until a method statement detailing a scheme for dealing with suspect contamination has been submitted to and agreed in writing with the Local Planning Authority

 

The remediation of the site shall incorporate the approved remediation measures and shall be carried out in full before the building is occupied.

 

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).

 

21 Notwithstanding the details submitted within the SUDS Assessment Statement from HJ Structural Engineers reference MAS528 dated 19.07.19 and Supplementary SUDS Statement from HJ Structural Engineers reference MAS1123 dated 13.02.22 and as shown on the plans otherwise submitted and hereby approved, no drainage works shall be constructed at the site until a detailed design of a surface water drainage for the site, including the additional details specified below, has been be submitted to and agreed in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme shall be implemented at the site prior to the first occupation of the development. The scheme shall address the following matters:

i. The applicant must provide a plan showing the drainage layout, source control measures, pollution control measures, location and type of flow control being used, location and volume of any storage and the location of the connection to the Anglian Water surface water sewer

ii. The applicant must provide a drainage report including calculations as to how the proposed discharge rates will be achieved. Rates must align with those within the SuDS Assessment dated July 2019 and include climate change values for the 1 in 100 event.

iii. Further details shall be provided regarding how the drainage meets SuDS water quality aspects for the lifetime of the development

iv. Further details shall be provided regarding the body that will be responsible for the maintenance of SuDS/drainage for the lifetime of the proposed development. This must include details of the required maintenance types and frequencies

v. A method statement must be provided outlining how surface water flood risk will be managed throughout construction

vi. Evidence shall be provided showing an agreement in principle from Anglian Water to accept a connect to the surface water sewer with a maximum flow rate of 3.15 l/s

 

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).

 

22 No development shall take place, including any works of demolition, until a Construction/Demolition Method Statement and Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide 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

v.  A Dust Management Plan - measures to control the emission of dust and dirt during demolition and construction. This should make reference to current guidance on the Assessment of Dust from Demolition and Construction - Institute of Air Quality Management or an acceptable equivalent.

vi.  a scheme for recycling/disposing of waste resulting from demolition and construction works. No waste materials should be burnt on the site, instead being removed by licensed waste contractors; 

vii.      Measure to mitigate noise disturbance during the development.

Reason: This pre-commencement condition is required to minimise the environmental impact and disturbance to existing residents, during construction of the development in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policies KP2 and CP4 and Development Management Document (2015) policies DM1 & DM3.

 

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

 

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

 

(c) In the event that the planning obligation referred to in part (a) above has not been completed before 8 July 2022 or an extension of this time as may be agreed by the Director of Planning or Service Manager - Development Control, authority is delegated to the Director of Planning or Service Manager - Development Control to refuse planning permission for the application on grounds that the development will not secure the necessary contributions for  affordable housing or education provision, or biodiversity mitigation or for highway landscape works or travel packs and that, as such, the proposal would be unacceptable and contrary to Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 of the Development Management Document (2015).

 

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

 

24 Prior to the occupation of the development hereby approved a Car Park Management Strategy for the  provision, allocation and use of the residential parking spaces including the disabled car parking provision shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented on the site in full accordance with the agreed details prior to the first occupation of the residential units and maintained for the lifetime of the development thereafter.

 

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  Policy DM15 of the Development Management Document (2015).

 

Informatives:

 

01 Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy (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 City.

 

03 In relation to Condition 03 and the installation of 3 new street trees as part of the S106 agreement, you are advised to contact Highways Engineer Martin Warren (Tel 01702 534328) to discuss the required 278 Highways Agreement and any associated Highways Licence. You are advised that a Highways Licence needs to be in place before any works are carried out to the public highway and you will need to employ a Council approved contractor to carry out any works.

 

 

 

 

04 The proposed development will need to be assessed against the Instrument Flight Procedures both designed and published for London Southend Airport. The assessments will need to be carried out by a third party and the costs would be passed to the developer. Please contact sam.petrie@southendairport.com 01702 538521 to arrange this.

 

05 Prior to demolition of the existing building an appropriate Asbestos survey of the building 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.   It is recommended that the Council's Building Control department is notified of the demolition in order that requirements can be made under section 81 of the Building Act 1984.