Proposal: To erect two storey extension and layout new external landscaped area to east elevation, layout new cycle stores in the undercroft area and alter elevations and amend on street parking layout to increase parking capacity at Westcliff Parade.

 

Applicant: Mr Mark Murphy of Southend City Council

Agent: Mr Peter Reime of AL3D

 

Resolved:-

 

That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin no later than three years of 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 in accordance with the following approved plans CLIF-AL3-ZZ-00-DR-M-010001 Rev T02, CLIF-AL3-ZZ-00-DR-A-010003 Rev T02, CLIF-AL3-ZZ-00-DR-A-020002 Rev T02, CLIF-AL3-ZZ-01-DR-A-010004 Rev P01, CLIF-AL3-ZZ-01-DR-A-020003 Rev P01, CLIF-AL3-ZZ-B1-DR-A-010002 Rev T02, CLIF-AL3-ZZ-B1-DR-A-020001 Rev T02, CLIF-AL3-ZZ-RF-DR-A-010005 Rev P01, CLIF-AL3-ZZ-RF-DR-A-020004 Rev P01, CLIF-AL3-ZZ-ZZ-DR-A-090001 Rev P01, CLIF-AL3-ZZ-ZZ-DR-A-090002 Rev P01, CLIF-AL3-V2-00-DR-A-030008, CLIF-AL3-ZZ-ZZ-DR-A-050003 Rev T02, CLIF-AL3-ZZ-ZZ-DR-A-050004 Rev T02, CLIF-AL3-ZZ-ZZ-DR-A-050005 Rev T02, CLIF-AL3-ZZ-ZZ-DR-A-050006 Rev T02, CLIF-AL3-ZZ-00-DR-A-020002 Rev T02.

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

 

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and construction up to ground floor slab level shall take place unless and until full product details of the materials to be used on all the external elevations of the approved development, including walls, roof and coping, solar shading, windows and doors, entrance canopy and signage, rainwater goods, vents and plant enclosure and any amended finishes to the existing building have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The development shall be carried out in full accordance with the approved details before it is brought into first use.

 

Reason: To safeguard the visual amenities of the area including the setting of the adjacent Shorefields Conservation Area, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5, Policies CS1 and DS3 of the Southend Central Area Action Plan (2018), and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the Shorefields Conservation Area Appraisal (2021).  

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above ground floor slab level shall take place unless and until full detailed design drawings and cross sections of the following key features at a scale of 1:20 or 1:10 as appropriate have first been submitted to and agreed in writing by the Local Planning Authority under the terms of this condition:

 

      i.        All new signage structures  to be affixed to the  building including poster cases.

    ii.        Details of sun shading including integrated drainage solution and any alterations to the existing curved canopy.

   iii.        Details of parapet roof edge and roof plant enclosure.

   iv.        Details of window reveals and glazed infill panelling arrangement.  

 

The development shall be carried out in full accordance with the approved details before it is brought into use. The feature entrance canopy shall be carried out in full accordance with drawing reference CLIF-AL3-V2-00-DR-A-030008 or any other details that have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition.

 

Reason: To safeguard the visual amenities of the area including the setting of the adjacent Shorefields Conservation Area, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5, Policies CS1 and DS3 of the Southend Central Area Action Plan (2018), and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the Shorefields Conservation Area Appraisal (2021).  

 

05 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above ground floor slab level shall take place until and unless full details of both hard and soft landscape works to be carried out at the site 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 carried out prior to first use of the development or in accordance with an alternative timetable, details of which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition and the soft landscaping works within the first planting season following the first use of the development. The details submitted shall include, but not be limited to:

 

i.      Any alterations to balustrading or boundaries or means of enclosure of the site. 

ii.    Hard surfacing materials, bond and extent of paving.

iii.   Full design details of any associated structures including plinth and statue, raised planter detail, furniture including benches, and fixed outside dining furniture and bins.

iv.   Details of all new external lighting and illumination at the site including the luminance and spread of light and the design and specification of the light fittings. All illumination shall be designed in accordance with the Institute of Lighting Professionals "Guidance Note 01/20: Guidance notes for the reduction of obtrusive light" and "PLG05 The brightness of illuminated advertisements."

v.    Full details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification and management plan.

vi.   Details of measures to enhance biodiversity within 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 with the Local Planning Authority under the terms of this condition.

 

Reason: To safeguard the visual amenities of the area including the setting of the adjacent Shorefields Conservation Area, in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5, Policies CS1 and DS3 of the Southend Central Area Action Plan (2018), and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the Shorefields Conservation Area Appraisal (2021).  

 

06 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, agreed in writing by the Local Planning Authority and implemented in full accordance with the approved details prior to the first use of the development hereby approved. This provision shall be made for the lifetime of the development.

 

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), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

07 Any replacement or additional sanitary facilities within the development hereby approved shall incorporate water efficient design measures as set out in Policy DM2 (iv) of the Development Management Document including water efficient sanitary fittings.

 

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).

 

08 The plaza area hereby approved shall not be used by customers for the purposes of consuming food or drink from 22:00 hours until the close of business on all days. Additionally, all doors accessing the terrace shall be closed, except temporarily for access and egress, from 22:00 to 09:00 on all days.

 

Reason: In order to protect the amenities of the surrounding occupiers in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

09 Noise and vibration from plant and equipment associated with the development hereby approved including extract ventilation 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 noise mitigation measures as detailed in report ‘External Plant Noise Assessment’ Report No. 2061935-RSKA-RP-001-(02) dated 17/07/2023 by RSK Acoustics (The Report) shall be implemented by competent persons. Prior to operation 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 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 and approved in writing by the Local Planning Authority under the terms of this condition and installed and tested prior to operation.

 

The mitigation measures must be retained thereafter for the lifetime of the development.

 

Reason: To protect the amenities of 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).

 

10 No deliveries or refuse collection shall be taken at or despatched from the restaurant use hereby permitted outside the hours of 07:00 to 18:00 hours Mondays to Fridays and 08:00 to 13:00hours on Saturdays nor at any time on Sundays, Bank or Public Holidays.

 

Reason: In order to protect residential amenities in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

11 Before the development hereby permitted is first used, a strategy to provide for 8 re-marked on-street parking spaces within Westcliff Parade, the position of which is identified on drawing No CLIF-AL3-ZZ-00-DR-A-010001 Rev T02, including the commitment to a contribution of £7,500 to the cost of these works, shall have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The strategy shall specify the steps and timetable for how formal consideration of the provision of this amended on street parking will be initiated and then progressed in full accordance with the required statutory highway processes operated by the Council as Local Highway Authority including consideration in principle and then, if agreed in principle, any necessary Traffic Regulation Order and its outcomes. 

 

In the event that the statutory Highways process supports the provision of the amended on-street parking spaces these shall then be implemented in accordance with the details so approved prior to first use of the development hereby approved. The spaces shall be maintained and made available for use thereafter for the lifetime of the development.

 

Reason: A condition is required in the interests of highways management, the character of the area and safety in accordance with Core Strategy (2007) Policies KP2, CP3 and CP4 and Development Management Document (2015) Policies DM1, DM3 and DM15 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

12 The development shall not be brought into first use unless and until the cycle storage facilities are provided in full and made available for use by the staff and customers of the development  in accordance with the details shown on drawing number CLIF-AL3-ZZ-B1-DR-A-020001 Rev T02 or any other details that have been previously submitted to and agreed in writing by the Local Planning Authority under the terms of this condition. The cycle storage facilities shall be permanently retained as such thereafter. 

 

Reason:  To ensure the provision of adequate cycle parking in accordance with Policy DM15 of The Development Management Document (2015).

 

13 The development hereby approved shall be carried out in full accordance with the Construction Management and Construction Traffic Management Plan Rev 3 dated 11.07.22. This Plan shall be adhered to throughout the entire construction period unless alternative construction management details have been submitted to and agreed in writing with the Local Planning Authority under the terms of this condition.

 

Reason: This condition is needed in the interests of visual amenity including the setting of the adjacent Shorefields Conservation Area and the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the Development Management Document (2015).

 

14 Construction works associated with this permission shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time Sundays or Bank or Public Holidays.

 

Reason: In order to protect the amenities surrounding occupiers and to protect the character of the area including the setting of the adjacent Shorefields Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM5 of the Development Management Document (2015).

 

15 Notwithstanding the details shown on the Ground Floor Drainage Plan CLIF-GC-V1-BR-C-1202 Rev T2 and Drainage Maintenance Plan, the development hereby permitted shall not be commenced other than for demolition works unless and until a detailed design of a surface water drainage scheme and surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. The details submitted shall include, but not be limited to:

 

a.    Further details to show how the development will be drained, demonstrating how this follows SuDS principles, such as why below ground storage is being used.

b.    Calculations must be provided to show the brownfield runoff rate and 50% betterment.

c.    Calculations be provided to demonstrate how the storage volume of 275m3 has been reached, including evidence to show this has a half-drain time of less than 24 hours. All calculations must use the new climate change allowances of 45%.

d.    An agreement in principle from Anglian Water to make a new drainage connection, including confirmation of the 2 litres per second flow rate.

e.    Details  be provided on how flood risk will be minimised during the construction phase.

f.     New floor levels should be set at or higher than the existing building floor levels.

g.    Details of who will maintain the drainage features and frequencies.

 

The drainage strategy and SuDS design statement must be implemented in full accordance with the details approved under this condition before the development hereby approved is brought into first use.

 

Reason:  To ensure the approved development does not increase flood risk elsewhere in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP1, KP2 and KP3 and Development Management Document (2015) Policies DM6 and DM14.

 

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 (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) 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 Asbestos - Prior to any alterations to the existing buildings an appropriate Asbestos survey of the buildings should be undertaken and a scheme implemented to remove and safely dispose of any asbestos-containing materials in accordance with the Control of Asbestos Regulations 2012 and the applicant's/developer's Waste duty of care.

 

04 The applicant is advised that Advert Consent may be required for any new signage at the site. 

 

05 The applicant is advised that the detailed landscaping scheme should include more soft landscaping than currently shown on the indicative landscaping plan either as in ground planting or planters to improve the softening of the site and building, shading and biodiversity.