Proposal: Change of use of all floors, garden and terrace from shop and residential (Classes E and C3) to cafe/restaurant (Class E), install timber balustrade to terrace (Part Retrospective) (Amended Proposal)

Applicant: Mr Stuart Childs

Agent: Mr Ian Farrow of Ergotechnics Ltd

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 carried out in accordance with the following approved plans: PP100, PP101, PP102, PP103 Rev C, PP104 Rev C, PP105 Rev A.

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

03 The raised terrace area to the rear of the building shall not be used by customers unless and until the narrow-slatted timber balustrading and 1m deep planter have been installed as shown on approved plans reference PP103 Rev C and PP104 Rev C. These measures shall be retained for the lifetime of the development.

Reason: To safeguard the character and appearance of the site and the surrounding Leigh Cliff Town Conservation Area and the amenities of neighbours in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the Development Management Document (2015) and advice contained within the National Design Guide (2021), Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Cliff Town Conservation Area Appraisal (2021).

04 The Class E (café/restaurant) use hereby permitted shall not be open to customers outside the following times: from 8:30am to 6pm Mondays to Fridays, from 8:30am to 10pm on Saturdays and from 9am to 4pm on Sundays and Bank and Public Holidays.

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

05 No deliveries or refuse collection shall be taken at or despatched from the Class E use hereby permitted other than the following hours from 7am to 6pm Mondays to Fridays and from 8am to 1pm on Saturdays and not at any time on Sundays, Bank or Public Holidays.

Reason: In order to protect the amenities of occupiers of the development 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).

06 Other than for maintenance or in the event of emergency escape, the rear first floor terrace area of the development hereby approved shall not be used by staff or customers for any purposes including for the consumption of food or drink or smoking outside the following hours: from 10am until 5pm on Mondays to Saturdays and from 12 noon to 4pm on Sundays and Bank and Public Holidays. There shall be no speakers or music, amplified or otherwise, played or relayed on the terrace or in the garden at any time.

Reason: In order to protect the amenities of occupiers of 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).

07 Within 2 months of the date of this decision a post completion noise survey must be undertaken by a competent qualified acoustic consultant to accurately measure the noise from the replacement kitchen extract fan hereby approved at the maximum operating speed. This survey shall demonstrate that the noise from the kitchen extract fan when operating at its maximum speed is limited to 10 dB(A) below the background noise level over 15 minutes including any penalties for noise characteristics such as tone and intermittency measured in accordance with British Standards BS4142:2014+A1:2019. The results of the survey report shall be submitted to and approved in writing by the Local Planning Authority. If the post completion survey reveals that the above noise criteria have not been met further noise mitigation shall be specified and implemented shall be retained thereafter. If within 6 months from the date of this decision the noise criteria set above have not been met, the use of the building as a café/restaurant shall cease until a noise survey has been submitted to the Local Planning Authority confirming compliance.

Reason: In order to protect the amenities of occupiers of 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).

08 Within 2 months of the date of this decision, the noise mitigation measures as detailed in the ‘Noise Impact Assessment’ by Venta Acoustics (Report VA4337.220914.NIA dated 15 December 2022) shall be implemented at the site in full by competent persons and a post completion noise survey must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set in the Report.

If the mitigation measures tested in the post-completion report prove to be insufficient, additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), shall be submitted to and approved in writing by the Local Authority and installed and tested prior to operation.

The mitigation measures as approved shall be retained thereafter.

If within 6 months from the date of this decision the noise criteria set above have not been met, the use of the building as a café/restaurant shall cease until a noise survey confirms compliance.

Reason: In order to protect the amenities of occupiers of 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).

09 The use hereby approved shall be managed in strict accordance with the Noise Management Plan received 20 March 2023 and associated ‘One Warning’ Policy and Risk Assessment or any other management plan full details of which have previously been submitted to and agreed in writing by the Local Planning Authority under the terms of this condition and in either eventuality for the lifetime of the development.

Reason: In order to protect the amenities of occupiers of 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).

10 Within 1 month of the date of this decision, the refuse and recycling area to the rear of the building as shown on plan reference PP105 Rev A shall be enclosed on its west side by a 1.8m slatted timber screen which shall fully accord with the details and specifications shown on that plan. The refuse and recycling 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).

11 Within 3 months from the date of this decision cycle storage facilities for at least 2 bicycles shall be provided and made available for use at the site by the employees of the approved use in full accordance with details that have been previously submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. The approved cycle storage facilities shall then be retained for the lifetime of the development.

Reason: To ensure the provision of adequate cycle parking in accordance with policies DM8 and DM15 of The Development Management Document (2015).

12 No external lighting shall be installed to the rear of the building subject of this permission or within its outside seating areas other than in accordance with details including lighting design, specifications and location 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". All lighting within the site shall be retained in accordance with the approved details.

Reason: In order to protect the amenities 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).

13 Construction works associated with this permission shall not take place outside the following hours: from 8am to 6pm Mondays to Fridays, from 8am to 1pm on Saturdays and at no time Sundays or Bank and Public Holidays.

Reason: In order to protect the amenities 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).

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 extension(s) equates to less than 100sqm of new floorspace 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 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 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’.

04 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.

05 The applicant is reminded that the development on site remains unauthorised until the mitigation measures hereby approved have been installed. Failure to remedy this may result in the council considering the expediency of enforcement action to seek to remedy the currently identified harm.