Agenda item

22/01015/FUL - 1 - 3 Westcliff Avenue, Westcliff-on-sea (Milton Ward)

Minutes:

Proposal: Convert existing Beecroft Art Gallery (Class F1(b)) to 9no. self-contained flats (Class C3), extend dormer to front, erect four storey side/rear extension, form roof top access to new roof terraces, layout parking and form new vehicle access onto Station Road, alter elevations.

Applicant: Property Point AK Limited

Agent: Neobards Limited

 

Resolved:

 

GRANT PLANNING PERMISSION 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 solely in accordance with the following approved plans NEO.1166.0100 (Existing Site Plan), NEO.1166.0101 (Existing Ground Floor Plan), NEO.1166.0102 (Existing First Floor Plan), NEO.1166.0103 (Existing Second Floor Plan), NEO.1166.0104 (Existing Roof Plan), NEO.1166.0105 (Existing Elevations), NEO.1166.0125.C (Proposed Site and Location Plan), NEO.1166.0126.C (Proposed Ground Floor Plan), NEO.1166.0127.D (Proposed First Floor Plan), NEO.1166.0128.E (Proposed Second Floor Plan), NEO.1166.0129A (Proposed Third Floor Plan), NEO.1166.0130 (Proposed Roof Plan), NEO.1166.0131.B (Proposed Elevations), NEO.1166.0132.A (Proposed Details).

 

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, including walls (infilling and new and gable decoration and including colours), balconies including balustrade,  supporting column, fascia and floors and dormers,  windows including glazing, roof and roof terraces including coping/edge, fascia and soffits, 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 building and wider 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 National Design Guide (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 and construction up to ground floor slab level shall take place unless and until full design details for all new doors (main entrance and French doors), any replacement dormers, eaves and balcony details for the proposed extension 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 and completed in accordance with the approved details before it is brought into use. The detailed designs for the other historic features to be reinstated including the lantern, roof terrace, balustrade extension and windows shall be carried out in full accordance with plan reference NEO.1166.0132.A (Proposed Details).

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the historic building in accordance with the National Planning Policy Framework (2021), policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007),policies DM1 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

05 No electricity, gas or water meter boxes, soil ventilation pipes, air extraction pipes, air conditioning units, boiler flues, ventilation grills or ducting shall be fixed to the street elevations of the building subject of this permission without the receipt of express planning permission from the Local Planning Authority.

 

Reason: In the interests of visual amenity and to ensure that the building makes a positive contribution to the character of the Conservation Area. This is as set out in the National Planning Policy Framework (2021), Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and advice in the Southend-on-Sea  Design and Townscape Guide (2009).

 

06 The 6 car parking spaces shown on plan reference NEO.1166.0125.C shall be provided and made available for use at the site prior to the first occupation of the flats hereby approved. The car parking spaces shall thereafter be permanently retained solely for the parking of vehicles in connection with the occupiers of the dwellings hereby approved and their visitors. All the car parking spaces at the rear onto Station Road shall have access to electric vehicle charging points details of which including their position, design and appearance shall have been submitted to and approved in writing by the Local Panning Authority prior to first use of the development.

 

Reason: To ensure that satisfactory off-street car parking is provided in the interests of residential amenity and highways efficiency and safety and that the appearance of EV charging points does not harm the character or appearance of the conservation area, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy KP2, Development Management Document (2015) policies DM5 and DM15 and advice in the Southend-on-Sea Design and Townscape Guide (2009). 

 

07 The development hereby approved shall not be occupied until and unless full details of the refuse and recycling store and the secure, covered cycle parking to serve the flats have been previously submitted to and agreed in writing by the Local Planning Authority. The development shall be implemented in full accordance with the approved details and shall be 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).

 

08 The lower sashes of the first floor windows and second floor rear (north elevation) windows within the development hereby approved and labelled as obscure glazing on drawing reference NEO.1166.0135.A, shall be fixed in place and shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the Local Planning Authority) before the occupation of the development hereby approved and the windows shall be retained as such in perpetuity.  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.

 

Reason:  To protect the privacy and environment of people in proposed and 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).

 

09 Prior to occupation of the flats 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, Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice within the Southend-on-Sea Design and Townscape Guide (2009).

 

10 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 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 development and the soft landscaping works within the first planting season following 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)      Any new means of enclosure, of the site including any gates or boundary fencing or railings including internal divisions between the amenity spaces and storage areas; 

ii)     Any new hard surfacing materials; 

iii)   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 tree management plan.

 

 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 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).

 

11 No drainage infrastructure, including earthworks, associated with this development shall be undertaken until details of the design implementation; maintenance and management of a scheme for surface water drainage works (incorporating Sustainable Urban Drainage (SuDs) Principles) have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

 

i.      A drainage plan must be provided showing all existing drainage to be utilised, details of the new soakaway, and details of the landscaping to show the areas of planting, soft landscaping and lawn. The plan should show or include calculations to show the areas that will contribute surface water flows to the latter

ii.     Calculations must be provided detailing how the new soakaway has been sized including supporting BRE 365 soil testing results

iii.    Further details outlining the repair of the drainage around the bay projection, including what this involves, when it will be undertaken as part of the development and what evidence will be gathered to show the repair has been completed successfully

iv.   Details must be providing outlining who will maintain the soakaway and site drainage following completion of construction

 

The approved scheme shall be implemented, in accordance with the approved details before the development is occupied or brought into use and shall be maintained as such for the lifetime of the development.

 

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)

 

12 The proposed development shall be carried out in full accordance with the recommendations set out in Sections 5.2 - 5.4 of the Preliminary Ecological Assessment reference ASW/PPDL/004/26/2022 dated April 2022 and Section 5 of the Bat Emergence Survey reference ASW/PPDL/ 028/26/2022 dated June 2022 or any other details that have been previously agreed 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 during building works in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy KP2 and Development Management Document (2015) policy DM2.

 

13 No dwellings shall be occupied until their internal areas are protected from external noise in accordance with BS8233:2014 and the current Noise Policy Statement for England. The internal ambient noise levels shall not exceed the guideline values in BS8233:2014 Table 4.

 

        07:00 to 23:00

·       -Resting - Living room 35 dB LAeq,16hour

·       -Dining - Dining room/area 40 dB LAeq,16hour

·       -Sleeping/Daytime Resting - Bedroom 35 dB LAeq,16hour                            

 

23:00 to 07:00

·       -Sleeping/Night-time Bedroom 35 dB LAeq,8hour

 

In order to achieve this a noise impact assessment shall be undertaken and any subsequent mitigation measures to provide the required protection shall be designed by a person competent in acoustics.

 

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

 

14 The development hereby approved shall be carried out in full accordance with the submitted Construction Method Statement (Version 2) dated May 2022.

 

Reason: This 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.

 

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).

 

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 will be required to apply to the Council’s Highways section to construct the vehicle crossover onto Station Road including relocation of any street furniture as required.  Please contact martinwarren@southend.gov.uk to arrange these works.

 

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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