Proposal: Demolish existing buildings, erect part three/part four storey building containing 3no. commercial units (Class E) and 34no. residential units with associated parking

Applicant: Mr Antony Mason

Agent: BGA Architects

 

Mr Garwood, a local resident, spoke as an objector to this application.

 

Resolved:-

 

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

 

• Secondary education contribution of £50,863.63.

• RAMS contribution - 34 x £137.71 = £5329.84

• Provision of Travel Information Packs to all residents.

• Late-Stage Viability Review Mechanism in regards to Affordable Housing Provision (60% of any surplus).

• Monitoring fee of £1,000.

 

(b) That the Executive Director (Growth and Housing), Director of Planning or Service Manager - Development Control be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the section 106 agreement referred to above and subject to the conditions set out below:

 

01 The development hereby permitted shall begin no 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 in accordance with the following approved plans 0-001A, 0-002A, 0-200G, 1-001A, 1-200D, 1-201F, 1-202E, 1-203C, 1-204C, 1-210D,1-211C, 2-001A, 2-200C, 2-201C, 2-210C, 3-200C, 4-200C.

 

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

 

03 Notwithstanding the details shown on the plans and the materials schedule 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 of the development, including walls and associated brick decoration; roof including coping; windows and doors including entrance curtain walling; signage details; waste and recycling store doors; shopfronts including awnings and facias and rainwater goods have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be carried out in accordance with the approved details before it is first occupied or brought into first 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) Policies DM1 and DM5 and the advice contained within the National Design Guide (Rev 2021) and the Southend-on- Sea Design and Townscape Guide (2009).

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, none of the units hereby granted consent shall be occupied unless and until the design details, materials and specifications for the privacy screens for all linked balconies and the design of the balustrading for the roof terraces and balconies, including balustrades, floor, underside, screens and any acoustic attenuation measures, have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The enclosures shall be implemented prior to occupation of any of the units and shall thereafter be retained for the lifetime of the development in accordance with the approved details.

 

Reason: To protect the privacy and environment of residents within the development and to safeguard the visual amenities of the area in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1, and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

05 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 under the terms of this condition. The approved landscaping works shall be carried out prior to first occupation of the development. The details submitted shall include, but not be limited to:

 

(i.) Existing and proposed finished site levels or contours.

(ii.) Details of all means of enclosure of the site including any new gates or boundary walls and fencing.

(iii.) Hard surfacing materials for forecourt and vehicle access, turning and parking areas and the roof terraces.

(iv.) 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 management plan including planting to the sides and front of the building to provide softening in the streetscene, in the car parking area and on the communal roof terrace.

(v.) Details of any other landscaping structures such as seating areas, pergolas and play areas on the communal roof terrace.

(vi.) Measures to enhance the biodiversity of the site.

 

Reason: In the interests of the visual amenity of the area and the amenities of the 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).

 

06 The tree protection measures, as set out in Section 3 of the submitted Arboricultural Impact Assessment by Andrew Day Arboricultural Consultancy revision 01 dated 27/09/22 and associated tree protection plan, in relation to the trees identified as T1 and T2 in this statement, including the protective trunk hoarding, shall be implemented in full prior to commencement of the development and be retained as such 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 arboriculturist.

 

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 the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

07 The 36 car parking spaces, including 4 disabled spaces, and the associated amended vehicular accesses for users of the spaces to access the public highway at the site and the reinstatement of crossovers onto Sutton Road, St Ann’s Road and Maldon Road, as shown on approved plan 0-200G, shall be provided/carried out and made available for use prior to the first use or the first occupation of any of the development hereby approved. The car parking spaces and the associated vehicular accesses to and from the public highway shall thereafter be permanently retained solely for the parking of vehicles and the accessing of the car parking spaces in connection with the occupiers of the dwellings hereby approved and their visitors. 20 parking spaces, including the 4 disabled spaces, shall have access to an active electric vehicle charging point. The remaining 16 parking spaces shall have passive provision for electric vehicle charging.

 

Reason: To ensure that satisfactory off-street car parking and access arrangements are 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, the Electric Vehicle Charging Infrastructure for new development Supplementary Planning Document (2021) and the advice contained in the Southend-on-Sea Design and Townscape Guide (2009).

 

08 The development hereby approved shall not be occupied unless and until space for at least 37 secure, covered cycle parking spaces to serve the development and its visitors have been provided as shown on drawing 0-200G, or in such other on site location alternatively agreed by the Local Planning Authority under the scope of this planning condition, and have been made available for use in full accordance with the approved plans by the occupiers of the development hereby approved and their visitors. The approved cycle parking scheme shall thereafter be permanently retained for the lifetime of the development.

 

Reason: To ensure that adequate cycle parking is provided and retained to serve the development in accordance with Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

09 The development hereby approved shall not be occupied unless and until the three refuse stores to serve the development as shown on drawing 0-200 G have been provided at the site in full accordance with the approved plans and the Waste Management Strategy reference 3021014.D.2A and made available for use by all occupiers of the development hereby approved. The approved scheme shall be permanently retained for the storage of waste and recycling for the lifetime of the development.

 

Reason: To ensure that adequate refuse and recycling storage is provided and retained to serve the development in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM8 and DM15 of the Development Management Document (2015).

 

10 The renewable energy proposals for the development hereby approved shall be carried out in full accordance with the recommendations set out in section 4 of the Energy and Sustainability Statement by Watt Energy & Consulting Engineers dated 29 November 2022 including the installation of 12.24 kWP of PV cells (equivalent to 34no x 360W panels) 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. These renewables shall be implemented at the site prior to the first use or first occupation of the development and retained as such for the lifetime of the development thereafter.

 

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 advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

11 Prior to the first occupation of the development 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 as such for the lifetime of the development.

 

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 the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

12 Before any of the residential units hereby approved are first occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that 4 of the flats hereby approved comply with the building regulations M4 (3) ‘wheelchair user dwellings’ standard and the remaining 30 flats comply with the building regulations M4(2) ‘accessible and adaptable dwellings standard.

 

Reason: To ensure the residential units hereby approved provide high quality and flexible internal layouts 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 DM2 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

13 The development hereby approved shall be carried out in full accordance with the noise mitigation measures set out in paragraph 9.3 of the Façade Noise Exposure Assessment by HA Acoustics reference HA/AD238/V1.2 dated 13.3.23 to ensure that the internal noise levels in habitable rooms within the approved flats are in accordance with the ProPG guidance and British Standards BS4142. These mitigation measures shall be implemented prior to the first occupation of the development and shall be retained as such for the lifetime of the development.

 

Reason: To ensure the resulting noise from the traffic on the main road to the east of the site would not be detrimental to living conditions of neighbouring and 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 Prior to the occupation of the development herby approved a scheme for alternative means of ventilation and air cooling and heating in relation to the Mechanical Ventilation and Heat Recovery (MVHR) system proposed for the development must be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The scheme must 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 scheme must be designed to complement the agreed noise mitigation scheme Façade Noise Exposure Assessment by HA Acoustics dated 20 July 2022 reference HA/AD238/V1.1. The approved alternative means of ventilation and cooling shall be installed in full accordance with the approved details and maintained thereafter for the lifetime of the development.

 

Reason: To ensure the resulting noise from the traffic on the main road to the east of the site would not be detrimental to living conditions of neighbouring and 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).

 

15 Notwithstanding the provisions of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any revocation, amendment or adaptation of this legislation of for the time being may be in force, the commercial floorspace hereby approved shall be used only for purposes falling within Class E with the exception of use as a gymnasium within Class E(d) of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force).

 

Reason: In order to protect the amenities of occupiers of the development and surrounding occupiers and to protect the character and amenities of the area including because a gymnasium use could present noise and vibration characteristics and impacts potentially harmful to residential amenity which would warrant further detailed assessment all in accordance with Policies CP1, KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM11 and DM3 of the Development Management Document (2015).

 

16 The commercial ground floor units hereby approved shall not be open for customers outside the following hours: - 0700 hours to 2200 hours on any day.

 

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development Management Document (2015).

 

17 No deliveries or refuse or recycling collections shall be taken at or despatched from the ground floor commercial units hereby approved outside the hours of 07:00 to 20:00 hours Mondays to Saturdays and 09:00 to 18:00 hours on Sundays nor at any time on Bank or Public Holidays.

 

Reason: In order to protect the amenities of occupiers of the development and surrounding occupiers in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015)

 

18 No plant or ventilation equipment for the ground floor commercial units (use class E) hereby approved shall be installed until and unless full details of its location, design and technical specifications and a report detailing any mitigation measures required and proposed in respect of noise impacts on the nearest noise sensitive properties have been submitted to, and approved in writing by, the Local Planning Authority under the terms of this condition. With reference to British Standards BS4142 the noise rating level arising from all plant and ventilation equipment shall be at least 10dbB(A) below the prevailing background levels at 3.5m from the ground floor facades and 1m from all other facades of the nearest noise sensitive property. The rated noise levels from plant and equipment shall include any penalties for noise characteristics such as tone, intermittency, that are liable to cause the noise to be a nuisance etc.

 

In order to establish background noise level a representative survey shall be undertaken in accordance with British Standards BS 4142:2014+A1:2019 and/or the most suitable method to fully represent any noise source and impact at the boundary of the nearest residential properties so that noise will not cause a statutory nuisance. This shall be undertaken by a suitably competent person.

 

Background noise levels shall be established for the following periods:

 

• Daytime 0700 to 1900

• Evening 1900 to 2300

• Night 2300 to 0700

 

Details of how noise and vibration will be attenuated together with a maintenance schedule for the future operation of that equipment must be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. Heating and ventilation shall be in accordance with current guidance from DEFRA and the Heating and Ventilating Contractors' Association (HVCA) For Kitchen Ventilation Systems. The use hereby permitted shall not take place other than in accordance with these approved details.

 

The installation of the plant and ventilation equipment shall be carried out only in full accordance with the approved details and specifications and any noise mitigation measures shall be undertaken in accordance with the agreed details before the plant and ventilation equipment is brought into first use and shall be operated and maintained as such thereafter for the lifetime of the development.

 

Reason: To protect the amenities of the occupiers of the development and neighbouring occupiers from undue noise and disturbance in accordance with Core Strategy (2007) Policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

19 Notwithstanding the details submitted within the SUDS strategy by Marks Heeley Ltd dated November 2021 and as shown on the plans submitted and otherwise hereby approved, no drainage works shall be undertaken at the site unless and until a detailed design of a surface water drainage for the site, including the additional details specified below, has been submitted to and agreed in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority under the terms of this condition. The approved scheme shall be implemented at the site prior to the first occupation of the development. The scheme shall address the following matters:

 

(i.) An agreement in principle for Anglian Water regarding the surface water connection point.

(ii.) Updated drainage modelling calculation outputs to be provided with the following parameters amended. Please note these are for review only given the system has been designed to a 1:100 year storm standard:

 

• Cv (volumetric run-off coefficient) values set to 1.0 for all storm simulations.

• Maximum rainfall amount set to the maximum allowed by the software or 500 mm/hr, whichever is lowest.

• The Additional Storage factor should be set to 0 unless conclusive evidence is provided to justify why this has been modelled using 20 m3/ha.

• Urban creep to be set at 10%.

 

(iii. ) A scheme for on-site foul water drainage works, including connection point and discharge rate.

(iv.) Details of how surface water will be managed during the construction phase including the phases of drainage installation relative to wider works.

 

No hard-standing areas shall be constructed until the works hereby approved have been carried out in accordance with the agreed strategy.

 

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).

 

20 No development shall take place, including any works of demolition, until and unless a Construction/Demolition Method Statement and Management Plan has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide 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 contact details (including out of hour contact details) that are to be displayed on the hoardings;

(v.) a Noise and Dust Management Plan - measures to control the emission of noise and dust and dirt during demolition and construction. This should make reference to current guidance on the Assessment of Dust from Demolition and Construction - Institute of Air Quality Management or an acceptable equivalent;

(vi.) a scheme for recycling/disposing of waste resulting from demolition and construction works. No waste materials should be burnt on the site, instead being removed by licensed waste contractors;

(vii.) measures to mitigate noise disturbance during the development;

(viii.) details outlining how surface water will be managed during the construction phase including details on the phasing of drainage installation relative to wider works.

 

Reason: This pre-commencement 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 and DM3.

 

21 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 or Public Holidays.

 

Reason: In the interests of the amenities of neighbours pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

22 A.Site Characterisation

 

Notwithstanding the details submitted with this application, no development shall commence other than that required to carry out additional necessary investigation which in this case includes demolition, site clearance, removal of any underground tanks and old structures until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

 

(i) a survey of extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

• Human health,

• Properly (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• Adjoining land,

• Groundwaters and surface waters,

• Ecological systems

• Archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

 

B. Site Remediation Scheme

 

The development hereby permitted shall not commence until a detailed remediation scheme to bring the site to a condition suitable for the intended uses by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

C. Remediation Implementation and Verification

 

The development hereby permitted shall not commence other than that required to carry out the agreed remediation unless and until the measures set out in the approved Remediation scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority under the terms of this condition. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

 

D. Reporting of Unexpected Contamination

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified the development must stop and it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared and submitted for the approval in writing of the Local Planning Authority.

 

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

The above works shall be conducted by competent persons and in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and other current guidance deemed authoritative for the purposes. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented.

 

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).

 

23 No external lighting shall be installed on the development or within the parking, access or landscaped areas of the development hereby approved other than in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. All illumination shall be designed 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." All illumination within the site shall be retained in accordance with the approved details.

 

Reason: To protect the privacy and environment of residents within the development and to safeguard the visual amenities of the area in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1, and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009)

 

24 Notwithstanding the information submitted and otherwise hereby approved, the development hereby approved shall not be first occupied or brought into first use unless and until a service plan including full details of how larger vehicles will make deliveries and collections to and from the site has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The servicing of the development shall thereafter be undertaken in strict accordance with the approved service plan for the lifetime of the development.

 

Reason: In the interests of the amenities of neighbours and to ensure a good general environmental standard in accordance with the National Planning Policy Framework (2021), Policy KP2 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Plan (2015).

 

(c) In the event that the planning obligation referred to in part (a) above has not been completed before 5th May 2023 or an extension of this time as may be agreed by the Director of Planning or Service Manager - Development Control, authority is delegated to the Director of Planning or Service Manager - Development Control to refuse planning permission for the application on grounds that the development will not secure the necessary contributions for secondary education, biodiversity mitigation or Travel Information Packs and a viability review mechanism for a late stage affordable housing viability review and that, as such, the proposal would be unacceptable and contrary to the National Planning Policy Framework (2021), Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 of the Development Management Document (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:

 

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). 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).

 

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 This permission is governed by a legal agreement between the applicant and the City Council under Section 106 of the Town and Country Planning Act 1990.The agreement relates to the provision of a financial contribution in relation to education, a financial RAMS contribution, the provision of Travel Information Packs, late stage affordable housing viability review and monitoring of the agreement.

 

04 Cadent Gas Ltd own and operate the gas infrastructure within the area of your development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist. If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/diversions. Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk to submit details of the planned works for review, ensuring requirements are adhered to.

 

05 Prior to demolition of the existing buildings an appropriate Asbestos survey of the buildings should be undertaken and a scheme implemented to remove and safely dispose of any asbestos-containing materials in accordance with the Control of Asbestos Regulations 2012 and the applicant's/developer's Waste duty of care.        It is recommended that the Council's Building Control Department is notified of the demolition in order that requirements can be made under section 81 of the Building Act 1984.

 

06 The applicant is advised that an enhanced scheme of sound insulation should be installed where there is the potential for nuisance from noise transference within the development due to the juxtaposition of living rooms and bedrooms.

 

07 The applicant is advised that if construction of the development requires a crane or piling rig, this will need to be safeguarded separately and, dependant on location, may be restricted in height and may also require full coordination with the Airport Authority. Any crane applications should be directed to sam.petrie@southendairport.com / 01702 538521.

 

08 The applicant is encouraged to make the car park a one-way system with access to the site via Maldon Road due to the one-way systems in the area.

 

09 The applicant is advised that residents and occupiers of the development hereby approved will not be issued with on-street parking permits.