Proposal: Replace existing uPVC top hung casement windows with Rehau Heritage Slider Sash windows to front and side, enlarge ground floor rear window and install uPVC top hung casement window

Applicant: Mr Simon Rush

Agent: Mr Matthew Driscoll of MJD Planning Ltd

Resolved:-

(A) That PLANNING PERMISSION be REFUSED for the following reason:

01 The proposed replacement windows, by virtue of their modern material (uPVC), dimensions and the use of double-glazed units are considered to be 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 at No 140 Hamlet Court Road. Whilst the harm to the designated heritage assets 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).

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 via the pre-application service available at: https://www.southend.gov.uk/make-planning-application-planning-advice/planning-advice-guidance/2

Informatives

1. 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.

2 The applicant is reminded that planning permission will be required for replacement windows following the removal of the unauthorised fenestration 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 replacement windows closely replicate the original timber sash windows which were removed at the site.

(B) That ENFORCEMENT ACTION be AUTHORISED to secure:

(i) the removal of the unauthorised uPVC windows from the west (front), east (rear) and north (flank) elevations at first and second floor; and

(ii) the removal from site all materials resulting from compliance with (i) 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 nine (9) months is considered reasonable for the removal of the unauthorised operational development and obtaining planning permission for acceptable replacement windows.