Proposal: Replacement UPVC windows, facias, render to the ground floor elevation and repainting (retrospective)

Applicant: M & A Knightsbridge Properties Ltd

Agent: Miss Beth Evans of Freeths LLP

Resolved:-

(a) That planning permission be REFUSED for the following reason:

The  development, by reason of the detailed design and materials of the replacement windows at first and second floor level on the east and north elevations has resulted in visually prominent, out of keeping and incongruous alterations to the existing building which are harmful to the character and appearance of the site, the streetscene, the Frontage of Townscape Merit, the wider Hamlet Court Road Conservation Area and harm the setting of the Grade II listed Havens building opposite the site. Whilst this harm is less than substantial, it is nevertheless significant in degree and is not outweighed by any public benefits of the development. This is unacceptable and contrary to 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 (rev 2021), the Southend-on-Sea Design and Townscape Guide (2009) and the Hamlet Court Road Conservation Area Appraisal (2021).

(b) That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal of the unauthorised UPVC windows from the east and north elevations at first and second floor.

(ii) the removal of the unauthorised fascia from the building’s east and north elevations.

(iii) the removal from site all materials resulting from compliance with (i) and (ii) above.

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Act and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

When serving an Enforcement Notice the Local Planning Authority must ensure a reasonable time for compliance. In this case a compliance period of six (6) months is considered reasonable for the removal of the unauthorised operational development and obtaining planning permission for acceptable replacement windows and fascia.

Positive and Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action.

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 www.southend.gov.uk/cil for further details about CIL.

02 The applicant is reminded that planning permission will be required for replacement windows and a replacement fascia following the removal of the unauthorised upvc windows and fascia subject of this decision. If these areas of the building are left untreated, the Local Planning Authority may consider it expedient to issue a S.215 Notice under the provisions of the Planning Acts. The planning application should demonstrate that the replacement windows closely replicate the original timber sash windows which were removed at the site but can still be seen on adjacent properties. The replacement fascia should be painted timber and follow the shopfront advice set out in the Hamlet Court Road Conservation Area Appraisal (2021).