Proposal: Change of use from hotel (Class C1) to 7-bedroom residential institution for up to 9 residents (Class C2) with new disabled access to rear

Applicant: Sara Parkinson, Off the Streets

Agent: Sara Parkinson

Ms Oxenham, a local resident, spoke as an objector to the application.  Ms Parkinson, acting for the applicant Off the Streets and as agent, responded.

Resolved:- That planning permission be 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 undertaken in accordance with the following approved plans: Location plan, 01, 02, 03A, 04A.

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

03. Prior to first operation of the use hereby approved, the submitted Management Statement updated 08.09.2022 shall have been further updated, re-submitted to and approved in writing by the Local Planning Authority, to include, in addition to its current content, details of an engagement policy for communication and liaison with the local community, including nearby residents, to allow for local resident and community engagement, incident reporting, escalation and resolution, as well as a mechanism for on-going review, and any necessary associated updating of that engagement policy.  The use hereby permitted shall thereafter be carried out and thereafter operated for its lifetime in full accordance with the approved Management Statement, updated under the scope of this planning condition.

Reason: In the interests of the character of the area and residential amenities, further to 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).

04. The development hereby approved, for purposes falling within Class C2, shall only be occupied as a residential home providing short-term accommodation for people who are, or would otherwise be, defined as homeless under the Housing Act 1996, for up to 9 residents at any one time, and shall not be used for any other purpose, including any other purpose within Use Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to retain control of the use within the Use Class specified so that occupation of the premises does not prejudice amenity, and to avoid an overprovision or otherwise unsustainable provision of residential care uses, in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policy DM9 of the Southend-on-Sea Development Management Document (2015).

05. Prior to installation of any handrails or balustrades associated with the rear access ramp and decking hereby approved, full details of their design and materials shall have been submitted to and agreed in writing by the Local Planning Authority. The agreed design and materials details only shall be provided for the lifetime of the development thereafter.

Reason: To protect the character and appearance of the Shorefields Conservation Area, further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice in the Southend-on-Sea Design and Townscape Guide (2009) and Shorefields Conservation Area Appraisal (2021).

06. No externally mounted equipment such as CCTV and lighting associated with the use hereby permitted shall be fixed to the front or rear facing elevations of the building unless full details of their design and materials have first been submitted to and agreed in writing by the Local Planning Authority.

Reason: To protect the character and appearance of the Shorefields Conservation Area, further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice in the Southend-on-Sea Design and Townscape Guide (2009) and Shorefields Conservation Area Appraisal (2021).

07. Prior to first use of the premises as a residential care home (use class C2), under the terms of this permission, details of waste storage and management shall have been submitted to and agreed in writing by the Local Planning Authority. The waste storage shall be provided at the site for the and made available for use of staff and residents in accordance with the agreed details for the lifetime of the development thereafter.

Reason: To protect the character and appearance of the Shorefields Conservation Area, further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and the Southend-on-Sea Design and Townscape Guide (2009) and Shorefields Conservation Area Appraisal (2021) .

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 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 this permission does not bestow compliance with other regulatory frameworks. In particular, your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and the noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council’s Regulatory Services Officer in Environmental Protection for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea City, Civic Centre, Victoria Avenue, Southend SS2 6ER’.

4. The applicant is also reminded that this permission is separate to the need to comply with Food Safety and Health & Safety at Work laws. These will include the Food Safety Act 1990 (as amended), the Food Hygiene (England) Regulations 2013, Regulation (EC) 852/2004 and the Health and Safety at Work Etc. Act 1974. Applicants should contact the Council’s Regulatory Services Officer for Food and Health and Safety for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea City Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.