Proposal: Erect a two storey block of 4no. self-contained flats, and a pair of semi-detached dwellinghouses and 3no. terrace houses on land adjacent to 85 Lundy Close, layout amenity space and landscaping, car parking spaces and cycle store

Applicant: Southend on Sea City Council

Agent: AK Design Partnership LLP

 

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 Location Plan, 4867.130-PL4, 4867.131-PL3, 4867.132-PL3, 4867.134-PL1, 4867.135-PL3, 4867.136-PL1, 4867.137-PL1, 4867.138-PL2, TCTC-17596-PL-01.

 

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 until full product details of the materials to be used on all the external elevations, including walls, roof, doors and windows, canopies, balconies, fascia and soffits and boundaries have been submitted to and approved in writing by the Local Planning Authority. The development shall only 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) policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

04  The 16 car parking spaces, including 2 disabled spaces, the associated vehicular access for the spaces to access the public highway and the associated electric vehicle charging points as shown on approved plan 4760.138-PL2 shall be provided and made available for use at the site prior to the first occupation of the dwellings hereby approved. The car parking spaces, associated vehicular access to and from the public highway and Electric Vehicle charging points shall thereafter be permanently retained to serve occupiers and their visitors for the lifetime 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, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM15 and the Electric Vehicle Charging Infrastructure for new development Supplementary Planning Document (2021).

 

05  The development hereby approved shall not be occupied until and unless the refuse and recycling and cycle storage facilities are provided and made available for use by the occupiers in full accordance with the details shown on approved drawings numbered 4867.136-PL1 and 4867.137-PL1 or any other details that have been previously submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. The refuse and recycling and cycle storage facilities shall be retained for the lifetime of the development in accordance with the approved details.

 

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).

 

06  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above a ground floor slab level shall take place until full details of the hard landscaping works and proposed boundary treatments have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

 

(i)  Proposed finished levels or contours.

(ii)  Details for the means of enclosure of the amenity areas.

(iii)  Material product details for all hard landscaping at the site including roads, paths and patios.

(iv)  Details of proposed outbuildings.

 

The hard landscaping shall be implemented in full accordance with the approved details before the dwellings are occupied.

 

The soft landscaping at the site, including 30 new trees and shrub planting around the buildings, shall be carried out in full accordance with plan reference 4867.135-PL3 and shall be completed before the end of the first planting season following first occupation of the dwellings hereby approved.

?

Reason: In the interests of biodiversity, visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and policies DM1 and DM3 of the Development Management Document (2015) and advise contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

07  Prior to the commencement of development the tree protective fences as shown on plan reference 4867.135-PL3, shall be installed. The protective measures shall remain in place throughout the construction phase of the development. Implementation of the development shall be undertaken only in full accordance with British Standard BS3998 and British Standard BS5837 including supervision of works by a qualified arboriculturalist.

 

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

 

08  No development shall commence on site unless and until a written strategy for green space enhancements, including measures to enhance biodiversity, within the estate surrounding the site, including indicative costings and timescales for implementation, has been submitted to and approved in writing by the Local Planning Authority. The development hereby approved shall not be first occupied until the Local Planning Authority has received confirmation that the agreed strategy has been implemented in accordance with the approved details. The strategy shall demonstrate that a sum of at least £5,000 will be spent on environmental improvements in the local area.

 

Reason: The pre commencement condition is required to ensure that the development provides adequate mitigation for the loss of green space at the site in accordance with Policy CP7 of the Core Strategy (2007).

 

09  The development hereby approved shall be carried out in full accordance with the recommendations set out in the submitted Archaeology Written Scheme of Investigation Reference XEXLCS22-27117. These works shall be undertaken by a suitably qualified archaeologist. The subsequent recording and post-excavation assessment reports shall be submitted to the Local Planning Authority before the development herby approved is occupied.

 

Reason: A condition is justified to allow the preservation by record of archaeological deposits and to provide an opportunity for a watching archaeologist to notify all interested parties before the destruction of any archaeological finds in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the advice contained within the National Design Guide (2021) and Southend-on-Sea Design and Townscape Guide (2009).

 

10  The proposed site clearance and construction works shall be carried out in full accordance with the recommendations set out in Preliminary Ecological Appraisal by Hybrid Ecology Ltd Rev B dated 21st Sept 2022 including the installation of the proposed badger corridor as shown on plan reference 4867.135-PL3 or any other details that have been previously submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. In addition, the following badger protection measures shall be implemented prior to the commencement of the development and maintained as such throughout the construction period:

 

(i)  All workmen on site must be fully briefed concerning the presence of badgers and the mitigation measures to be followed.

(ii)  An exclusion zone around the development area must be set up prior to the commencement of works to prevent encroachment on the badger sett during completion of the scheme. This must provide a clear 20m area around the sett, as a minimum, in which no construction work must take place, including the storage of materials or machinery.

(iii)  The proposed badger corridor must be similarly defined and fenced prior to the commencement of work to ensure the badgers have free access on and off site during the completion of the project.

(iv)  Any trenches or deep pits must be securely covered overnight to stop any badgers falling in and becoming trapped. Alternatively, a rough plank must be provided, at an angle no steeper than 45 degrees, to allow any badgers a suitable means of escape.

(v)  Any trenches/pits must be inspected each morning and evening to ensure no badgers have become trapped.

(vi)  The storage of topsoil or other 'soft' building materials within the site must be given careful consideration. Badgers will readily adopt such mounds as setts, which would then be afforded the same protection as established setts. So as to avoid the adoption of any mounds, they must be subject to daily inspections before work commences.

(vii)  During the work, the storage of any chemicals must be contained in such a way that they cannot be accessed or knocked over by any roaming badgers.

(viii)  Open pipework with a diameter of more than 120mm must be properly covered at the end of the workday to prevent badgers entering and becoming trapped.

(ix)  Litter on site must be cleared at the end of the working day or otherwise kept to a minimum.

(x)  Security lighting must be kept to a minimum, and away from setts, so as not to disturb the badgers on site.

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, Development Management Document (2015) policy DM2.

 

11  No drainage infrastructure works 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 by the Local Planning Authority. The approved scheme shall be implemented, in accordance with the approved details before the development is occupied or brought into use and be maintained as such thereafter in perpetuity.

 

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) and Policies KP2 and CP4 of the Core Strategy (2007).

 

12  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 dwellings 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) policies KP2 and CP4, Development Management Document (2015) policy DM2 and the Southend-on-Sea Design and Townscape Guide (2009).

 

13  A scheme detailing measures to achieve a net zero carbon development, as set out in the submitted statement titled ‘Public Benefit vs Loss of Open Space September 2022’, shall be submitted to and agreed in writing by the Local Planning Authority. The development shall then be implemented in full in accordance with the approved details prior to the first occupation of the dwellings hereby approved and maintained 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) policies KP2 and CP4, Development Management Document (2015) policy DM2 and the Southend-on-Sea Design and Townscape Guide (2009).

 

14  Prior to occupation of the dwellings 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-on-Sea Design and Townscape Guide (2009).

 

15  Plots 1-5 of the development hereby approved shall be carried out in a manner to ensure the dwellinghouses comply with building regulation M4 (2) ‘accessible and adaptable dwellings’ before they are occupied. Plots 6 and 7 shall be carried out in a manner to ensure the dwellings comply with building regulation M4 (3) ‘Wheelchair user dwellings’ before they are occupied.

 

Reason: To ensure the dwellings hereby approved provides a high quality and flexible internal layout 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 DM8 as amended by the Technical Housing Standards – Policy Transition Statement (2015) and the advice contained in the Southend-on-Sea Design and Townscape Guide (2009).

 

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, detached buildings or other operational development shall be erected at the development hereby approved specified within Schedule 2, Part 1, Classes A, B, D, E and F and Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended or in any provision equivalent to this Order in any statutory instrument revoking and re-enacting this Order, with or without modification, unless express planning permission has been granted 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-on-Sea Design and Townscape Guide (2009).

 

17  The development shall be carried out in full accordance with the recommendations set out in Combined Phase I and Phase II Site Investigation Report by agb Environmental reference P3219.1.0 dated 20.12.18 before the development is occupied. 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 of mitigation for dealing with the additional contamination has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme of additional contamination mitigation shall be implemented in full before the development 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).

 

18  Prior to the first occupation of the dwellings hereby permitted a Noise Impact assessment must be conducted by a competent person to assess the potential impact of existing industrial premises and noise from deliveries to those premises on the proposed dwellings. The assessment must be made using the appropriate standards and methodology for the noise sources and best practice. A report on the impact assessment which must include any necessary mitigation measures required for the proposal to meet the required noise standards as specified below, must be submitted to the Local Planning Authority for approval in writing before the dwellings are first occupied.

 

The mitigation measures shall ensure that the internal ambient noise levels of the dwellings hereby permitted shall not exceed the guideline values in British Standard BS8233:2014 Table 4 as follows:

 

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

 

External areas shall be designed and located to ensure that amenity areas are protected on all boundaries as to not exceed 50 dBLAeq,16hr. If a threshold level relaxation to 55 dBLAeq,16hr is required for external areas full justification must be provided to and agreed in writing by the Local Planning Authority under the provisions of this condition.

 

The development must be implemented in full accordance with the mitigation and other details submitted in the report approved under this condition before the dwellings are first occupied and thereafter be maintained as such in perpetuity.

 

The applicant must have regards to thermal comfort and noise mitigation in accordance with Acoustic Ventilation and Overheating - Residential Design Guide by IOA and ANC when proposing any scheme. Where alternative means of ventilation and air cooling and heating are to be used, the submitted report shall include full details of what they will comprise and 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 implemented in full accordance with the details approved under this condition before the dwellings are first occupied and be maintained as such thereafter in perpetuity.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

19  No development shall take place, until 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 protection of the existing grass verges to the south section of the site to be retained.

(v)  measures to control the emission of noise, dust and dirt 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.

 

Reason: This pre-commencement 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).

 

20  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 visual amenity and the amenities of neighbours and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

21  The dwellings hereby approved shall not be brought into first use unless internal storage space for each dwelling in compliance with the minimum Technical Housing Standards – Nationally Described Space Standards (2015) has been provided and made available on site in accordance with details which have previously been submitted and approved by the Local Planning Authority pursuant to this condition.

 

Reason: To ensure the development hereby approved provide high quality internal layouts to meet the needs of future residents in accordance with the National Planning Policy Framework (2021), Policy DM8 of the Development Management Document (2015) as amended with the Technical Housing Standards Policy Transition Statement (2015) and the advice contained within the Technical Housing Standards – Nationally Described Space Standards (2015).

 

Positive and Proactive Statement:

 

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:

 

1.  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).

 

2.  You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council will 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.

 

3.  The applicant is reminded that they are required to adhere to the Conservation (Natural Habitats &c.) (Amendment) Regulations 2007 and the Wildlife and Countryside Act (1981) in relation to development works close to protected species including badgers and bats. A Protected Species Licence may be required.