Proposal: Erect single storey timber building for use as nursery school to front of main building (Amended Proposal

Applicant: Eastwood Community Playgroup Association

Agent: Mr Trevor Masterson of Bell & Masterson

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

02 The development shall be carried out in accordance with the approved plans: Location Plan, BM001 Rev C, BM.002, Floor Plan, Façade A-F, Façade F-A, Façade 1-5, Façade 5-1, Section A-A, Foundation Plan, Wall, Roof, Floor.

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

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition and site clearance works, until details of the materials to be used in the construction of the external elevations of the development hereby permitted, have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details before it is brought into use.

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 the area. This is as set out in the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice in the National Design Guide (Rev 2021) and the Southend-on-Sea Design and Townscape Guide (2009).

04 The development hereby approved shall be implemented in strict accordance with the findings, recommendations and conclusions of the approved Flood Risk Assessment reference WTFR-FRA-2022/01/Q18 dated 8 March 2022 before the development is occupied and the development shall thereafter be used in accordance with those details and measures for its lifetime.

Reason: To ensure that users are not placed at increased risk given that the site is liable to flood in accordance with the National Planning Policy Framework (2021) and Policy KP2 of Core Strategy (2007).

05 The development hereby permitted shall only be occupied for purposes falling within Use Class E(f) as defined under the Town and Country Planning (Use Classes) Order 1987 (as amended) on the date this application was submitted. The development shall not be used for any other purpose, including any purpose otherwise permitted under the Town and Country Planning (Use Classes) Order 1987 (as amended) nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to those Orders in any statutory instrument revoking and re-enacting these Orders, with or without modification.

Reason: To define the scope of this permission in the interests of resident amenities, environmental quality, to ensure there is sufficient parking and in the interests of highway safety further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

06 Notwithstanding the details shown in the approved plans, prior to the first use of any part of the development hereby approved, full details of refuse and recycling facilities for the development, including a waste management strategy, shall have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved refuse and recycling facilities and waste management strategy shall be provided and made available for use at the site in accordance with the approved details prior to its first use and shall thereafter be retained for the lifetime of the development.

Reason: In the interests of user amenities and environmental quality further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the Southend-on-Sea Waste Storage, Collection and Management Guide for New Developments (2019).

07 Notwithstanding the details shown in the approved plans, prior to the first use of any part of the development hereby approved, full details of drainage infrastructure, (including foul and surface water drainage infrastructure and ‘sustainable urban drainage systems’ SuDS principles) shall have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved details shall be provided at the site in accordance with the approved details prior to its first use and shall thereafter be retained for the lifetime of the development.

Reason: To prevent flooding, drainage, environmental and amenity problems arising from the development, in accordance with Policies KP1 and KP2 of the Core Strategy (2007), and Policy DM14 of the Development Management Document (2015).

08 Prior to the first use of the development hereby approved, full details of secure, covered cycle storage facilities shall have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The secure, covered cycle storage facilities shall be provided and made available for use at the site in accordance with the approved details prior to the approved development’s first use and retained for the lifetime of the development.

Reason: To ensure that adequate cycle storage is provided and retained to serve the development in accordance with Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

09 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place until and unless full details of both hard and soft landscape works to be carried out at the site and in the surrounding area in association with the development have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved hard landscaping works shall be completed prior to first use of the development and the soft landscaping works within the first planting season following first use of the development. The soft landscaping works shall include replacement shrub and tree planting, comprising of no less than 18 broadleaf/ pollinator trees to be planted within the application site and the wider area(s) of the Eastwood designated Open Space, details of the works to include specification of the area(s) in which the planting will be undertaken, the species and size of trees/ shrubs to be planted and the timescale for such provision. Details submitted for the hard and soft landscaping within the site edged red for the application hereby approved generally shall include, but not be limited to:

i. hard surfacing materials;

ii. details of tree protection measures during development;

iii. details of the number, size and location of trees, shrubs and plants to be planted together with a planting specification and maintenance strategy;

iv. measures to enhance biodiversity;

v. details of any permeable paving or other sustainable drainage measures to be implemented;

vi. all and any means of enclosing the site.

Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed in writing with the Local Planning Authority under the terms of this condition.

Reason: In the interests of visual amenity and the amenities of neighbouring occupiers, and to ensure a satisfactory standard of landscaping and drainage is implemented pursuant to Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

10 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 at least “Very Good” has been achieved for the development and a copy of this certification has been submitted to 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).

11 Prior to first use of the development hereby approved details of energy efficiency and other sustainability measures to be included in the scheme, including the provision of at least 10% of the energy needs of the development hereby approved being provided from onsite renewable sources, shall be submitted to, agreed in writing by the Local Planning Authority under the terms of this condition and implemented on site in accordance with the agreed details.

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).

12 Prior to the first occupation of the development hereby approved, appropriate 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), to include measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be implemented and retained as such 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 advice contained within the Southend-on-Sea Design and Townscape Guide.

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.

INFORMATIVE

01 Community Infrastructure Levy Liability Notice: You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero under the CIL Regulations 2010 (as amended) due to the specific nature of the use. However, should the nature of the use change then you are advised to contact the Planning and Building Control Group to discuss the requirement for planning permission and CIL liability.

02 You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that the 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 Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:

• on or within 8 metres of a main river (16 metres if tidal)

• on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)

• on or within 16 metres of a sea defence

• involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert

• in the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission

For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact the Environment Agency’s National Customer Contact Centre on 03708 506 506.