Proposal: Change of use to part of ground floor from dwelling to dog grooming parlour and alter front elevation

Applicant: Mr Robert Anderson

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 shall only be undertaken in accordance with the following approved plans: (23) 06/07 EX01; (23) 06/07 PL01.

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with Policy DM1 of the Development Management Document (2015).

03  Before the development hereby approved is occupied the materials used on the external surfaces of the development must match those used on the external surfaces of the existing property. This applies unless differences are shown on the drawings hereby approved or are required by other conditions on this permission.

Reason: To ensure the development is carried out in accordance with the consent sought, has an acceptable design and complies with Policy DM1 of the Development Management Document (2015).

04  The use hereby approved shall be restricted to the garage as shown in drawing (23) 06/07 EX01 and it shall only be operated as a dog grooming parlour by the occupiers of No 91 Ennismore Gardens and shall not be operated for any other purpose except for use as a domestic garage and/or for other such purposes which are incidental to the residential use of the dwelling. The permitted use shall be operated only inside the garage with the garage door and windows closed during operation and in no other part of 91 Ennismore Gardens including its external garden area.

Reason: To ensure the development is implemented and operated in accordance with the permission sought and to enable the Local Planning Authority to retain control of the use of the floorspace within the use specified so that operation of the premises does not prejudice amenity, 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).

05  The use hereby approved shall not be operated outside the following hours: 09:30 to 17:30 Monday to Friday and 09:30 to 13:00 on Saturdays and it shall not operate at any other times including at any other time on Saturdays or at any time on Sundays or Public or Bank Holidays.

Reason: To protect residential amenity and general environmental quality in accordance with National Planning Policy Framework (2021), Core Strategy (2007) Policy KP2 and CP4, and Development Management Document (2015) Policy DM1.

06  No more than two dogs at any one time shall be allowed to be treated and/or wait to be treated at the application site. 

Reason: To protect residential amenity and general environmental quality in accordance with National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, and Development Management Document (2015) Policy DM1.

07  There shall be no installation of powered machinery other than one air dryer which shall only be mounted in an insulated compartment within the roof of the garage as specified in the email from the applicant dated 20.07.2023.

Noise from this equipment when operating at its maximum speed and output shall be limited to 10 dB(A) below the background noise level which is expressed as a LA90, 15minutes at the boundary of the nearest residential property. The rated noise levels from plant and equipment shall include any penalties for noise characteristics such as tone, intermittency, which are liable to cause the noise to be a nuisance etc.

Background noise levels shall be established for the operating times of the business.

In order to establish background noise level a representative survey shall be undertaken in accordance with British Standards BS 4142:2014+A1:2019 and/or the most suitable method to fully represent any noise source and impact at the boundary of the nearest residential properties so that noise will not cause a statutory nuisance. This shall be undertaken by a suitably competent person.

Details of how noise will be attenuated together with a maintenance schedule for the future operation of that equipment must be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The use hereby permitted shall not take place other than in accordance with these approved details.

Prior to operation of the air dryer a post completion noise survey must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority.  Where the Local Planning Authority’s noise criteria has not been met further noise mitigation shall be implemented in accordance with details that shall have been previously submitted to and agreed with the Local Planning Authority under the terms of this condition.

The final agreed noise mitigation scheme shall be operated and permanently maintained thereafter.

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).

08  Prior to the first use of the building for the purposes hereby approved a scheme for the means of refuse and recycling storage including full details and elevations of any bin stores shall have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The agreed refuse and recycling scheme and facilities shall be implemented prior to the first use of the development hereby approved and shall be retained for such purposes at all times thereafter for the lifetime for the development. This shall also be in accordance with the Southend-on-Sea Waste Storage, Collection and Management Guide for New Developments (2019).

Reason: In the interest of the residential amenity of nearby occupiers and environmental quality 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 Southend-on-Sea Waste Storage, Collection and Management Guide for New Developments (2019).

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 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’.

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.