Proposal: Erect a detached dwellinghouse on vacant land with amenity space at rear and relocate existing vehicle crossover on to Rayleigh Road (Amended proposal)

Applicant: Mr A Bush

Agent: Mr A Davison of Brian Davison Associates

 

Ms Nunn a local resident spoke as an objector to the application.  Mr Davison, the applicant's agent responded.

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin no 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 hereby approved shall be carried out solely in accordance with the approved plans: 1697/S1/E, 1697/ES1/D, 1697/ES1/E, 1697/300/E &  1697/301/D.

 

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

 

03 Construction works for the approved development on site shall only be undertaken between 8am to 6pm on weekdays, between 8am and 1pm on Saturdays and not at any time on Sundays and Bank and Public Holidays.

 

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).

 

04 Notwithstanding the information submitted with the application and otherwise hereby approved, with the exception of site preparation, no development above ground level shall take place until and unless full details of the materials to be used on all the external elevations of the development have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The development shall only be carried out and completed in accordance with the approved details.

 

Reason: To safeguard the character and appearance of the surrounding area in accordance with the National Planning Policy Framework (2021) Policy DM1 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007) and the advice in the National Design Guide (Rev 2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

05 Within the first available planting season (October to March inclusive) following the first occupation of the development hereby approved, a soft landscaping scheme shall be implemented and completed in full accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The soft landscaping scheme shall include measures to enhance the biodiversity on site, details of the number, size, and location of the trees, shrubs, and plants to be retained and planted together with a planting specification including the treatment of the ground before planting and maintenance details.

 

Within a period of five years from the completion of the development hereby approved, or from the date of the planting of any tree or any tree planted as part of the development, if any tree existing or planted as part of the approved landscaping scheme is removed, uprooted, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree of the same species and size as that of the original tree shall be planted in the same place or in accordance with alternative tree replacement, details of which shall have been approved by the Local Planning Authority under the scope of this planning condition.

 

Reason: To safeguard the character and appearance of the surrounding area and the amenities of the occupants of the proposed development and to enhance biodiversity in accordance with the National Planning Policy Framework, (2021), Policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

06 The development hereby approved shall not be first occupied unless and until a hard landscaping scheme has been carried out and implemented solely in full accordance with details which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The hard landscaping scheme shall include details of materials to be used on hard surfacing which should permeable, as well as elevations and details of materials for the boundary treatment of the site including the gate and fencing to the walkway to the eastern side of the development.

 

Reason: To safeguard the character and appearance of the surrounding area and the amenities of the occupants of the proposed development in accordance with Policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

07 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 shall be submitted to and agreed in writing by the Local Planning Authority under the terms of this condition and implemented in full prior to the first occupation of the development. This provision shall be made for the lifetime of the development and in accordance with the agreed details.

 

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

 

08 Prior to the first occupation of the development hereby approved water efficiency design measures 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 such as grey water and rainwater harvesting shall be installed in the development hereby approved and be retained in perpetuity thereafter.

 

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

 

09 The development hereby approved shall be carried out in a manner to ensure that the dwelling complies with Building Regulation part M4(2) ‘accessible and adaptable dwellings’ before it is brought into first use and first occupied.

 

Reason: To ensure the residential unit hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

10 The roof of the flat roofed, single storey elements of the development hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other 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 Core Strategy (2007) Policies KP2 and CP4, the Development Management Document (2015) Policies DM1 and DM3 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

11 The car parking spaces shown on approved plan 1697/S1/E  shall be provided and made available for use at the site prior to the first occupation of the dwelling hereby approved. One space shall be fitted with an active electric vehicle charging point. The car parking spaces shall thereafter be permanently retained only for the parking of vehicles of the occupiers and visitors to the dwelling hereby approved.

 

Reason: To ensure that satisfactory off-street car parking is provided in the interests of residential amenity and highways efficiency and safety, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM15 and the guidance in the Southend-on-Sea Design and Townscape Guide (2009) and the Electric Vehicle Charging Infrastructure (EVCI) for New Development Supplementary Planning Document (SPD) (2021).

 

12 Full details (including elevations) shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition, identifying covered and secure cycle parking for the approved development at the site. The approved covered and secure cycle store shall be provided in full and made available for use by the occupants of the dwelling prior to the first occupation of the dwelling hereby approved and shall thereafter be retained as such in perpetuity.

 

Reason: To ensure the provision of adequate cycle storage in accordance with Policies DM3, DM8 and DM15 of Development Management Document (2015) and the guidance contained in the Southend-on-Sea Waste Storage, Collection and Management Guide for New Developments (2019).

 

13 No drainage works associated with construction of the development hereby permitted shall commence unless and until full details of surface water attenuation for the site, based on Sustainable Drainage System (SuDS) principles, have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The development shall be carried out in full accordance with the approved details before it is first occupied, and any systems put in place shall be maintained for the lifetime of the development.

 

Reason: In order to ensure a satisfactory standard of sustainable drainage and to prevent environmental and amenity problems arising from flooding in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

14 The first floor flank windows in the west and east flank elevations of the development hereby approved shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above the internal floor level of the room or area served before the development is first occupied and shall be retained as such in perpetuity thereafter. In the case of multiple or double-glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies 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).

 

15 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended, or any order revising or re-enacting that Order with or without modification, no development shall be carried out on the new dwellinghouse within Schedule 2, Part 1, Classes A, AA, B and E unless express planning permission has previously been obtained from the Local Planning Authority.

 

Reason: To safeguard the character and appearance of the area and in the interest of the residential amenity of the adjoining residents and to flooding risk 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 advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

16 The demolition and construction works hereby permitted shall be carried out in accordance with the submitted Construction Method Statement & Site Plan 1697/CP/F submitted by Brian Davison Associates dated June 2023.

 

Reason: To minimise the environmental impact and disturbance to existing residents, during construction of the development in accordance with National Planning Policy Framework, Core Strategy (2007) Policies KP2 and CP4; and Development Management Document (2015) policies DM1 & DM3

 

17 The development shall be carried out in strict accordance with the recommendations and mitigation measures outlined at Section 6 of the Badger Assessment by ACJ Ecology (January 2023) including the following:

 

Prior to commencement of development, within five days of the start of works, a site walkover shall have been undertaken and completed by a qualified ecologist to ascertain the presence or otherwise of badgers on the site in accordance with BS 42020:2013 Biodiversity: Code of Practice for Planning and Development.

         

If there is any sign that badgers reside in or use the site, all development work shall cease until details of a scheme for protecting badgers at the site prior to, during and after the construction process has been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. Subsequently the development shall only be undertaken and managed in full accordance with the approved measures of badger protection. The development shall otherwise be undertaken and managed in accordance with the approved measures of badger protection in accordance with British Standards BS 42020:2013 Biodiversity: Code of Practice for Planning and Development:

 

a. Any trenches or deep pits shall be securely covered overnight to stop any badgers falling in and becoming trapped. Alternatively, a rough plank can be provided, at an angle no steeper than 45 degrees, to allow any badgers a suitable means of escape.

b. Any trenches/pits shall be inspected each morning and evening to ensure no badgers have become trapped.

c. The storage of topsoil or other 'soft' building materials within the site shall be subject to daily inspections for badger sett formation before work commences.

d. Storage of any chemicals shall be contained in such a way that they cannot be accessed or knocked over by any roaming badgers.

e. Open pipework with a diameter of more than 120mm shall be properly covered at the end of the work-day to prevent badgers entering and becoming trapped.

 

Reason: To safeguard protected species in accordance with the National Planning Policy Framework (2021) and Southend-on-Sea Core Strategy (2007) Policy KP1.

 

18 The development hereby approved shall be undertaken in strict accordance with the levels details contained within plan number 1697/S1/E or any other levels, details of which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall thereafter be completed in accordance with the approved details before it is occupied.

 

Reason: To safeguard the visual amenities of the site and wider area and to ensure that the development remains safe in terms of flood risk and does not increase flood risk elsewhere as set out in National Planning Policy Framework (2021), Core Strategy (2007) Policies KP1, KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

19 The flood risk mitigation measures set out in the Flood Risk Assessment by Civil Engineering Solutions dated January 2023, including details of property and ground levels, flood protection measures such as finished floor levels, flood resistant/resilient construction measures to mitigate flood risk to the building and a flood evacuation plan shall be incorporated within the development hereby approved prior to first occupation of the building and retained as such in perpetuity thereafter.

 

Reason: To protect the building and its occupants against the risk of flooding in accordance with the National Planning Policy Framework (2021) and Policy KP1 of the Core Strategy (2007).

 

20 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and development stopped with immediate effect. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared and submitted for the approval in writing of the Local Planning Authority. Any measures so identified in the approved remediation scheme shall be completed and a verification report must be submitted to the Local Planning Authority for its agreement.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors 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)

 

Informatives

 

1. Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). A Community Infrastructure Levy (CIL) Liability Notice will be issued as soon as practicable following this decision notice. This contains details including the chargeable amount when this is payable and when and how exemption or relief on the charge can be sought. You are advised that a CIL Commencement Notice (CIL Form 6) must be received by the Council at least one day before commencement of development. Receipt of this notice will be acknowledged by the Council. Please ensure that you have received both a CIL Liability Notice and acknowledgement of your CIL Commencement Notice before development is commenced. Most claims for CIL relief or exemption must be sought from and approved by the Council prior to commencement of the development. Charges and surcharges may apply, and exemption or relief could be withdrawn if you fail to meet statutory requirements relating to CIL. Further details on CIL matters can be found on the Council's website at www.southend.gov.uk/cil.

 

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 applicant is reminded that they are required to adhere to the Conservation (Natural Habitats &c.) (Amendment) Regulations 2007 and the Wildlife and Countryside Act (1981) in relation to development works close to protected species including badgers and bats. A Protected Species Licence may be required.

 

4. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. Generally, trees, buildings and scrub may contain nesting birds between 1st March and 31st August inclusive. It is considered that the application site is likely to contain nesting birds between the above dates. You are advised to seek the advice of a competent ecologist prior to undertaking any works which could affect nesting birds during the period outlined above.

 

5. Further to Condition 18 relating to site levels, the technical assessments are based on these site levels and should any amendments to the levels proposed be sought, the technical studies (FRA) would need to be amended and reconsidered accordingly.

 

Positive and Proactive Statement

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission 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.