Proposal: Install a new big wheel and observation tower attractions within the existing Adventure Island site (Part Retrospective)

Applicant: Mr Miller, Stockvale

Agent: SKArchitects

Resolved:-

That planning permission be GRANTED subject to the 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, in respect of the big wheel be retained, and in respect of the observation tower be carried out, in accordance with the following approved plans P101A, P102A, P103A.

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

03  The materials and colours for the development hereby approved shall be white powder coated steel for the big wheel and blue powder coated steel with red accents for the tower as set out on plan reference P103A or in accordance with any other materials and colours details of which have previously been submitted to and agreed in writing by the Local Planning Authority under the scope of this planning condition.

Reason: To safeguard the visual amenities of nearby heritage assets and the area generally, in accordance with the National Planning Policy Framework (2021) Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) Policy DM1 and DM5 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and National Design Guide (2021) .  

04  The lighting for the development hereby approved shall be as detailed in the Lighting Strategy by SKArchitects reference 783-10-22 and maintained as such for the lifetime of the development. All illumination shall be in accordance with the Institute of Lighting Professionals "Guidance Note 01/20: Guidance notes for the reduction of obtrusive light" and "PLG05 The brightness of illuminated advertisements”. The development hereby approved shall not include any vertically emitting lighting and any lighting associated with the development must not present a hazard to aircraft i.e. glare / dazzle / distraction.

Reason: To ensure any protected species and habitats utilising the site are adequately protected and in the interests of aircraft safety, the setting of nearby heritage assets and residential amenity in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) policies DM1,  DM2 and DM3 and DM5.

05  There shall be no advertising on the development hereby approved above the adjacent public highway pavement level.

Reason: To safeguard the visual amenities of the area including the setting of nearby heritage assets, 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).  

06  Noise from the development hereby approved, comprising all associated mechanically generated noise, amplified music and amplified speech, shall be limited to 10 dB(A) below the background noise level including any penalties for noise characteristics such as tone and intermittency. Background noise levels shall be in accordance with BS 4142:2014+A1:2019 and expressed as a LA90,15minutes at the boundary of the nearest residential property. Background noise levels shall be established for the following periods: daytime 0700 to 1900 hours; evening 1900 to 2300 hours; and night 2300 to 0700 hours. Specific noise from the operation shall be measured using BS 4142:2014+A1:2019 and/or the most appropriate method in order to provide accurate and representative noise predictions.

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).

07  Demolition or construction works associated with this permission shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time Sundays or Bank Holidays.

Reason: In order to protect the amenities of occupiers of the development, the amenities of the surrounding occupiers and to protect the character 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).

08  The development hereby approved shall be carried out in full accordance with the mitigation measures identified in the Flood Risk Assessment by SLR reference 425.064691.00001 dated February 2023.

Reason: To ensure the site is protected to the standard that the development is designed and modelled to within the submitted Flood Risk Assessment, the National Planning Policy Framework (2021) and Policy KP2 of the Core Strategy (2007).

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:

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 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) 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 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.

03  The applicant is advised that all aspects of the development must comply with Civil Aviation Authority CAP168 and EASA (European Union Aviation Safety Regulations) regulations including lighting.