Proposal: Remove screened container and convert space to low level store with extended terrace over including balustrade, remove built in storage container at southern end of the building and reinstate walls to form single storey infill extension under existing roof to west side and covered seating area to east side, alter elevations and roof design externally, remove platform lift in lieu of utilising north-east corner door as sole main entrance.

Applicant: Mr Ritchie Bridge of Cockleshed Company Ltd

Agent: Mr Colin Stone of Stone Me Ltd

Resolved:-

That planning permission be GRANTED subject to the following conditions:

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.

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02 The development hereby permitted shall be carried out in accordance with the following approved plans 2904-01, 2904-02, 2904-03, 2094-06F, 2094-07F.

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

03 The materials to be used on the external surfaces of the development hereby approved shall be black painted timber shiplap cladding for the walls including the terrace walls, black or stained timber fascia and soffits to match the existing building, dark grey bitumen roofing shingles to match the existing or black curved corrugated roofing sheets, black metal railings with clear glazed inserts, black timber supporting columns and terrace flooring to match the existing terrace or any other materials, details of which have  previously been submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. These materials shall be retained for the lifetime of the development.

Reason: To safeguard the character and appearance of the site and the surrounding Leigh Old Town Conservation Area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and  advice  within the National Design Guide (2021), the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Old Town Conservation Area Appraisal (2021).

04 Prior to first use of the enlarged external terrace hereby approved, the approved enhancements to the existing building, including the removal of the hipped section of roof, the removal of the redundant air handling units and associated steel tray along the fascia and the painting of the existing and proposed railings black shall be undertaken and completed in full accordance with the details set out in plan references 2094-06F and 2094-07F. These enhancements shall be retained for the lifetime of the development in accordance with the approved plans.

Reason: To safeguard the character and appearance of the historic building and the Leigh Old Town Conservation Area in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3, DM5 and DM6 of the Development Management Document (2015) and advice within the National Design Guide (2021), the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Old Town Conservation Area Appraisal (2021).

05 Aside from the plant shown on plan references 2094-06F and 2094-07F, no electricity, gas or water meter boxes, soil ventilation pipes, air extraction pipes, additional air conditioning units, boiler flues, ventilation grills or ducting shall be fixed to the exterior of the development hereby approved without the prior receipt of express planning permission from the Local Planning Authority.

Reason: In the interests of visual amenity and to ensure that the building makes a positive contribution to the character of the Leigh Old Town Conservation Area. This is as set out in the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and advice within the Southend-on-Sea Design and Townscape Guide (2009) and the Leigh Old Town Conservation Area Appraisal (2021).

06  No external lighting shall be installed on the south or east elevations 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.

Reason: A condition is justified to ensure any protected species and habitats utilising the site and surrounding area are adequately protected in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2 and Development Management Document (2015) Policy DM2.

07 The external terrace hereby approved shall not be open to customers outside the following times: 08:00 until 22:00 hours on Monday to Sundays including Bank and Public Holidays.

Reason: A condition is justified to ensure any protected species and habitats utilising the site and surrounding area are adequately protected in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2 and Development Management Document (2015) Policy DM2.

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 advised that any enclosure of the external seating area, including the covered external seating area without express planning permission from the Local Planning Authority is likely to be regarded as a breach of planning control.

04 The applicant is advised that they may need an Environmental Permit for flood risk activities if they want to do work in, under, over or within 16m of the river and of any flood defence structure or culvert of the Pitsea Tidal Reaches designated a ‘main river’ . Lower risk activities will be excluded or exempt and only higher risk activities will require a permit. New forms and further information can be found at: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits. Anyone carrying out these activities without a permit where one is required, is breaking the law. Please contact our National Customer Contact Centre to assess which category your proposed works fall under. They will then be able to tell you the classification of your application, the fee associated with your application, and how to proceed forward. They can be contacted by email at: floodriskactivity@environment-agency.gov.uk