Agenda item

22/01496/FUL - Land Adjacent To 292 Leigh Road and 152 Broadway (Leigh Ward)

Minutes:

Proposal: Demolish existing storeroom and erect two storey building with basement for use as a restaurant (Class E) and use existing basement at 292 Leigh Rd as associated restaurant floorspace.

Applicant: Capability Ltd

Agent: Mr Dwight Breley of Breley Design Ltd

 

Mrs Stimson, a local resident, spoke as an objector to the application. Mr Harvey, responded on behalf of the applicant.

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin no later than 3 (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 strictly in accordance with the approved plans: 1447- 01 Rev A, 1447 – 02 Rev F, 1447 – 03 Rev G, 1447-04 Rev D & 1447 – 05 Rev B.

 

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

 

03 Prior to commencement of any drainage related works associated with the development hereby approved, a drainage scheme comprising details of drainage infrastructure (including any Sustainable Urban Drainage Systems (Suds), foul and surface water drainage infrastructure, connection points and discharge rates) and a drainage management plan shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall only be constructed in accordance with the approved details.

 

Reason: This condition is required to prevent flooding, drainage, environmental and amenity problems arising from the development, in accordance with the National Planning Policy Framework (2021) and Policies KP1 and KP2 of the Core Strategy (2007).

 

04 Notwithstanding  the  details  shown  on  the  submitted plans  otherwise  hereby approved  the  development  hereby  permitted  shall  not  commence  other  than  for groundworks and site preparation works unless and until full details including section details as appropriate and full specifications of  the  materials  to  be  used  for  all  the  external  surfaces  of  the approved building at the site including for elevations, face and engineering brickwork, bath stone panels, curtain and all other glazing, aluminium fins, doors, windows, louvres, roofing materials, concealed gutters, rainwater goods, lighting and signage have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development hereby permitted shall be implemented and completed in full accordance with the details and/or samples approved under this condition before it is first occupied.

 

Reason: In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of this prominent corner site and its surroundings. 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 DM3, and the guidance contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

05 The development hereby approved shall not be first used unless and until a final Certificate has been issued certifying that a BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating of at least "Very Good" has been achieved for the development and a copy of this certification has been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition.

 

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), Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

06 The development hereby approved shall not be open for customers outside the following hours: 09:00 hours to 23:00 hours Monday to Sunday.

 

Reason: To protect residential amenity and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice contained in the Southend-on-Sea Design and Townscape Guide (2009).

 

07 All deliveries to and collections from the site subject of this permission shall only be undertaken between 08:00 hours and 19:00 hours Monday to Friday and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Bank and Public Holidays.

 

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the guidance in the Southend-on-Sea Design and Townscape Guide (2009).

 

08 The noise mitigation measures for the kitchen extraction ventilation system to serve the development hereby approved and as detailed in the report entitled Acoustic Assessment at 152 Broadway/292 Leigh Road, Leigh-on-Sea Document Ref: 572223 Date: 26/02/2023 by Ned Johnson Acoustics shall be implemented and installed by competent persons at the site prior to the first use of the development hereby approved. Prior to the first use of the development hereby approved, a post completion noise survey shall be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The post completion testing shall assess performance of the noise mitigation measures against the noise levels as set out 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 under the terms of this condition and fully installed and tested at the site prior to the first use of the development hereby approved.

 

The mitigation measures as approved shall be retained in good working order thereafter for the lifetime of the development.

 

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

09 Prior to the occupation off the development hereby approved a scheme demonstrating how noise transmission from the development through the party walls with No.150 Broadway and No’s 292, 292A and 292B Leigh Road, Leigh-on-Sea, Essex will be controlled from within the proposed development, such scheme to be undertaken by a suitably competent person, shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved scheme shall thereafter be implemented and installed at the site by suitably competent persons prior to the first use of the development hereby approved. Prior to first use of the development hereby approved, a post completion noise survey must be undertaken by a suitably qualified acoustic consultant, and a report on this must be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The post completion testing shall assess the performance of the noise mitigation measures against the noise levels as set out in the scheme.

 

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 under the terms of this condition. The mitigation measures as approved shall be fully installed at the site prior to first use of the approved development and retained in good working order thereafter for the lifetime of the development.

 

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

10 Prior to the first use of the development hereby approved for restaurant purposes details of the means of ventilation for the extraction and dispersal of cooking smells/fumes, including full specification of any installation of odour control measures, noise levels, noise mitigation measures and anti-vibration measures, air conditioning units and other plant and equipment, its location, appearance and finish shall have been submitted to and  approved in writing by the Local Planning Authority under the terms of this condition. The approved scheme shall be installed at the site in full accordance with the approved details before the development hereby approved is brought into first use and thereafter shall be permanently retained as such in good working order for the lifetime of the development.

 

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

11 Prior to the first occupation of the development hereby approved details of the design and materials of the proposed commercial waste storage and an associated waste management plan which shall include full details of the timings that waste can be deposited to the outside refuse and recycling stores, shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be implemented in full accordance with the approved details from first occupation for the proposed use and shall be maintained and managed as such for the lifetime of the development.

 

Reason: To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety, residential amenity and visual amenity and to protect the character of the surrounding area, in accordance with National Planning Policy Framework (2021), Policies KP2, CP3 and CP4 of the Core Strategy (2007) and Policies DM1 and DM15 of the Development Management Document (2015).

 

12 No development shall take place, including any works of demolition, until and unless a Construction Method Statement 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 decorative displays and facilities for public viewing, where appropriate, 

v.  wheel washing facilities, 

vi.  measures to control the emission of dust and dirt during construction, 

vii.  a scheme for recycling/disposing of waste resulting from demolition and construction works,

viii details of the duration and location of any noisy activities.

 

Reason: This pre-commencement condition is required to minimise the environmental impact and disturbance to existing residents and businesses 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.

 

13 The roofs of the building hereby approved shall not be used as a balcony, roof garden amenity area or for any other similar purpose unless express planning permission has previously been obtained. The roofs can however be used for the purposes of maintenance or to escape in an emergency.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

14 Notwithstanding the provisions of the Use Class Order, as amended or the General Permitted Development Order (2015), as amended, the development hereby approved shall be used for  purposes as a restaurant (Use Class E(b)) with the sale of drink wholly ancillary to consumption of food on the premises and with no take away facilities and shall be used for no other purposes including any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any revocation, amendment or re-enactment of that order aside from Use Class E(a), (c), (g)(i).

 

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to control the impact of the use of the premises within the Use Class specified in the interests of residential amenity and highway safety in accordance with the National Planning Policy Framework (2021), Policies KP2, CP3  and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM15 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

15 A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the development. This provision shall be made for the lifetime of the development.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007) and in the interests of general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

16 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), including measures of water efficient fittings, appliances and water recycling systems shall be installed and made available for use prior to the first occupation of the development hereby approved and retained in perpetuity.

 

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

 

17 Notwithstanding the details shown on the documents submitted and otherwise hereby approved, with reference to British Standard 7445:2003, the noise rating level arising from activities associated with the use hereby approved (including amplified music and human voices) shall be at least 10dB (A) below the background noise level as measured at 1m from the facades of the neighbouring noise sensitive premises.

 

Reason: In the interest of the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

18 Prior to the first use of the development hereby approved, full details of hard landscape works, the soft landscaped living wall and any rooftop planting to be carried out at the site shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved hard and soft landscaping works shall be carried out in accordance with the approved details prior to first use of the development hereby approved. The details submitted shall include, but not be limited to:-

i.  any means of enclosure of the site including any gates or boundary fencing; 

ii.  any other vehicle and pedestrian access and circulation areas; 

iii.  hard surfacing materials; 

iv. details of planting to the living wall area together with supporting framework and drainage where necessary, with inspection and management proposals, to ensure its successful establishment and maintenance.

 

Reason: In the interests of visual amenity 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).

 

19. Notwithstanding the information submitted and otherwise hereby approved, the development hereby approved shall not be brought into first use unless and until a Noise Management Strategy has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. Before the development hereby approved is brought into first use, the development shall be completed and thereafter operated in accordance with the findings and recommendations of the approved Noise Management Strategy and shall be retained as such thereafter for the lifetime of the development.

 

Reason: In order to protect the amenities of occupiers of adjoining and nearby occupiers 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 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 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 The applicant is reminded that the proposed materials as set out in the submitted plans and email dated 20th March 2023 are expected to accord with the nature and quality of materials for which design cues are shown in their submitted documents including the CGI representations and the email from Breley Design dated 24th November 2022 including its enclosed document entitled “Response to Council comments.”

 

04 This permission does not convey any form of consent for external advertisement signs, consent for which will separately be required under the provisions of the Town and Country Planning Advertisement Regulations.

 

05 Essex County Fire and Rescue Service (ECFRS) advise that the installation of Automatic Water Suppression Systems (AWSS) can be effective in the rapid suppression of fires. ECFRS therefore uses every occasion to urge building owners and developers to consider the installation of AWSS.

Supporting documents:

 

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