Proposal: Use part of highway from Victoria Circus to junction of Clifftown Road/High Street as weekly general market

Applicant: Mr Chris Cooke on behalf of Southend-on-Sea City Council

Agent: N/A

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.

02 The development hereby approved shall be carried out in accordance with the approved plans: Location Plan; Market Layout Area Plan (Rev A) including the general arrangement of stalls and public throughfares between and around them. 

Reason: To ensure the development is carried out in accordance with the development plan.

03 The proposed market hereby approved shall contain no more than 45 stalls with each stall occupying an area of no more than 3m x 3m.

Reason: In the interests of the character and appearance of the area, the safety of pedestrians and the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3, DM5 and DM15 of the Development Management Document (2015).

04 The proposed market hereby approved shall only operate between 08:30am and 5:30pm on Thursdays, Saturdays and Bank or Public Holidays. Traders shall not arrive on site and set up stalls before 7am with all associated waste and traffic to be cleared from the highway no later than 6:30pm on the same day.

Reason: In the interest of highway safety and the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM15 of the Development Management Document (2015).

05 No amplified music and/or amplified speech either recorded or live nor playing of unamplified musical instruments shall be undertaken in association with operation of the market hereby approved unless details of this have first been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. Amplified music and speech means that broadcast electronically through a loudspeaker including through radios and by the use of microphones. This includes speech for the purposes of advertising.

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) and Policies DM1 and DM3 of the Development Management Document (2015).

06 Within six calendar months from the date of this permission the use hereby allowed shall cease unless and until details of the design and materials of the proposed waste storage and an associated Waste Management Strategy to include mitigation methods to control noise and odour from the waste storage and collection arrangements, and pest control measures, have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in full accordance with the approved details from the date these details are approved 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 and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2, CP3 and CP4 of the Core Strategy (2007), Policies DM1 and DM15 of the Development Management Document (2015) and the advice contained in the Southend-on-Sea Waste Management Plan for New Development (2019).

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:

1. You are advised that as the development 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 the Levy.

2. 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.

3. The development hereby approved has been assessed on the reasonable understanding that the market will operate in accordance with the rules and regulations set out in the supporting document ‘Use of Stalls’ or any other document authorised by the relevant Council department under the appropriate regulatory regime(s).

4.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.

5. 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.

6. The applicant is encouraged to operate the market in a way that the stalls do not obstruct the pedestrian movements and also ensures there is sufficient permeability for shops to be accessible and shopfronts to be visible.