Proposal: Erect eight dwellinghouses with associated amenity space, parking, cycle and bin stores

Applicant: Mr Oliver Hall of Eastway Homes

Agent: Mr Dwight Breley of Breley Design Ltd.

 

RESOLVED:-

 

That PLANNING PERMISSION be GRANTED subject 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: 1542-01 Rev B; 1540-02 Rev J; 1540-07 Rev C; 1540-07 Rev D; 1540-07 Rev E; 1540-05 Rev D; 1540-06 Rev D; 1540-10; 1540-12; 1540-13; Tree Protection Plan Rev 1; Construction Management Plan

 

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

 

03 The development hereby permitted shall be finished solely in accordance with the material details contained within the Planning Materials Document, namely; K Rend Waterproof render in Limestone White to exterior walls; Sahtas Dark Farmhouse brick plinth; Red clay roof tiles [Ste Foy Rouge Nuance] by Edillians; White UPVC windows and patio doors; Black front doors White fascias and soffits and Black guttering, or in accordance with any other alternative details of materials that have first been submitted to and approved in writing by the Local Planning Authority pursuant to this condition.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

04 Notwithstanding the information submitted with this application, prior to the first occupation of the development hereby approved, full details (including elevations) shall be submitted to and approved in writing by the Local Planning Authority identifying the provision of secure and enclosed refuse and recycling bin and cycle storage for the approved development at the site. The approved cycle storage and refuse and recycling bin storage shall be provided in full and made available for use by the occupants of the approved dwellings prior to the first occupation of the dwellings hereby approved and shall be retained as such for the lifetime of the development.

 

Reason: In the interest of visual amenity in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1, DM3, DM8 and DM15, and the advice contained within the National Design Guide (2021), the Southend-on-Sea Design and Townscape Guide (2009), and the Waste Storage, Collection and Management Guide for New Developments (2019).

 

05 Construction shall take place solely in accordance with the details contained within the Construction Method Statement Rev A by Breley Design Ltd. or, in accordance with any other alternative details that have previously been submitted to and approved in writing by the Local Planning Authority pursuant to this condition.

 

Reason: This condition is required in the interests of the amenities of nearby and surrounding occupiers pursuant to Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

06 Demolition or construction works associated with this permission shall not take place outside the hours: 8am to 6pm Mondays to Fridays and 8am to 1pm on Saturdays and at no time on Sundays or Bank and Public Holidays.

 

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

 

07 No development above ground level shall be undertaken unless and until details of existing and proposed site levels at and surrounding the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken and completed at the levels shown on the approved drawing(s) and shall not exceed the highest level of land or structure adjacent to the application site.

 

Reason: In the interests of the safety of aviation, the residential amenity of adjoining residents and the character and appearance of the area and to ensure that the development complies with the National Planning Policy Framework (2023), 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).

 

08 Notwithstanding the details shown on the plans hereby approved, no development shall take place, other than ground and site preparation works, unless and until a scheme of hard and soft landscaping for the site has been submitted to and approved in writing by the Local Planning Authority.

 

The submitted hard and soft landscaping schemes shall include full details of the number, size and location of the trees and shrubs to be planted together with a planting specification, details of the treatment of all hard and soft surfaces, including any earthworks to be carried and all means of enclosing the site, including boundaries within the site. The scheme shall include the number of existing trees which are proposed to be removed and are over the relevant stem diameter as set out in the relevant British Standard to be considered as trees and demonstrate that the proposed planting scheme would achieve a ratio of 2 new trees for every 1 tree removed.

 

Prior to first occupation of the dwellings hereby approved, the approved hard landscaping scheme shall be implemented and completed in full accordance with the details approved pursuant to this condition. Within the first available planting season (October to March inclusive) following the first occupation of the development hereby approved, the approved soft landscaping scheme shall be implemented and completed in full accordance with the details approved under the provisions of this condition.

 

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 in its replacement, 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 approved under the scope of this planning condition.

 

Reason: In the interests of visual amenity, biodiversity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Development Management Document (2015) and the advice in the National Design Guide (2021) and Southend-on-Sea Design and Townscape Guide (2009).

 

09 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall commence at the site unless it complies with the recommendations in the Preliminary Ecological Appraisal Version 2.0 by MKA Ecology Ltd. (Dated 16/11/2023), the Reptile Report Version 2.0 by MKA Ecology Ltd. (Dated 16/11/2023) and the additional points agreed between MKA Ecology Ltd. and the Council’s Parks Team which are as follows:

 

1. Each new building shall be fitted with bat boxes;

2. No development shall commence unless and until a further reptile Mitigation Strategy which shall include details of a translocation strategy has been submitted to and approved in writing by the Local Planning Authority pursuant to this condition and any development shall be carried out solely in accordance with the recommendations in the agreed strategy; and

3. The development shall not be first occupied unless and until a Landscape Ecological Management Plan (LEMP) requiring details of soil samples to aim to maximise the botanical value of any grassland areas have been submitted to and approved in writing by the Local Planning Authority pursuant to this condition and any recommendations in the agreed LEMP shall be carried out within the first available planting season (October to March inclusive) following the first occupation of the development. The development shall then be maintained in accordance with the approved LEMP.

 

Reason: This pre-commencement condition is required in the interest of biodiversity in accordance with National Planning Policy Framework (2023) and Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

10 Agreed tree removal works for the development hereby approved (including which trees will be removed) shall not take place between March and August and shall only be carried out in accordance with the recommendations contained in the Arboricultural Report Rev 1 by Andrew Day Arboricultural Consultancy (Dated 16/11/2023).

 

Reason: In the interest of biodiversity in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

11 No development shall take place unless and until the tree protection measures outlined in the Arboricultural Report Rev 1 and Tree Protection Plan Rev 1 by Andrew Day Arboricultural Consultancy (Dated 16/11/2023) have been implemented in full at the site. The tree protection measures shall be retained as installed throughout the construction phase of the development and the development shall be carried out in accordance with the recommendations included in the approved Arboricultural Report.

 

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

 

12 The development hereby approved shall not be first occupied unless and until 16 on site car parking spaces (2no. for each dwelling) have been provided and made available for use at the site in full accordance with the details shown on approved drawing 1540-02 Rev J, together with properly constructed vehicular access to the adjoining highway, all in accordance with the approved plans. At least one of the parking spaces for each approved residential unit, shall be fitted with an active electric vehicle charging point. The parking spaces shall be permanently maintained thereafter solely for the parking of occupiers of and visitors to the development.

 

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 (2023), 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).

 

13 No drainage infrastructure associated with this approved development shall be undertaken at this site unless and until full details of the drainage infrastructure and a drainage strategy have been submitted to and approved in writing by the Local Planning Authority. The strategy submitted shall apply the sustainable drainage principles and the sustainable drainage hierarchy. Where more sustainable methods of drainage are discounted clear evidence and reasoning for this shall be included within the strategy submitted. The approved drainage infrastructure and strategy shall be implemented in full accordance with the approved scheme prior to the first occupation of the development hereby approved and be maintained as such for the lifetime of the development.

 

Reason: To ensure satisfactory drainage of the site in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM14.

 

14 Prior to construction of the development hereby approved above ground floor slab level a scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority. No dwelling in the development shall be occupied until and unless it has been implemented in accordance with the details approved under this condition. This provision shall be made for the lifetime of the development.

 

Reason: In the interests of providing sustainable development and ensuring a high quality of design in accordance with Policy KP2 of the Core Strategy (2007) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

15 Prior to 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 for the lifetime of the development.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

16 The development hereby approved shall be carried out in a manner to ensure that the dwellings fully comply with the Technical Housing Standards – Nationally Described Space Standards (2015) and with Building Regulation M4(2) ‘accessible and adaptable dwellings’ before they are brought into use and first occupied.

 

Reason: To ensure provision of high quality and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM8 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

 

17 No external lighting shall be installed on the site subject of this permission unless it is in accordance with the details and specifications of a Lighting Strategy which has previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. All lighting shall be retained on site in accordance with the approved scheme for the lifetime of the development.

 

Reason: In the interest of the residential amenity of future occupiers in accordance with the National Planning Policy Framework (2023), 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 advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

18 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015, or any order revising or re-enacting that Order with or without modification, no development shall be carried out on the new dwellinghouses within Schedule 2, Part 1, Classes A, AA, B, D, E or F of that Order without the receipt of express planning permission.

 

Reason: To safeguard the character and appearance of the area and in the interest of the residential amenity of the adjoining residents in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies 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 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no part of the development shall be occupied or brought into use until details a waste management and service plan including waste vehicle tracking data have been submitted to and agreed in writing by the Local Planning Authority. Waste management and servicing of the development shall only take place in accordance with the approved details.

 

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 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

20 In the event that contamination is found at any time when carrying out the approved development that was not previously identified development must stop and it must be reported in writing immediately to the Local Planning Authority under the terms of this condition. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared and shall be submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved remediation scheme shall then be fully implemented at the site before any other works continue. Following completion of the measures identified in the approved remediation scheme a verification report must be prepared, and submitted in writing to the Local Planning Authority for its approval under the terms of this condition before the development is brought into first use.

 

Investigation, remediation and verification must be undertaken by competent persons and in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and other current guidance deemed authoritative for the purposes.

 

Reason: To ensure that if any contamination is found on the site, it is treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

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. Please note that the development which is 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).

 

2. 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.

 

3. No waste as part of the development shall be burnt on site.

 

4. Please note that if you require a crane or piling rig to construct the proposed development, this will need to be safeguarded separately and dependant on location may be restricted in height and may also require full coordination with the Airport Authority. Any crane applications should be directed to sam.petrie@southendairport.com / 01702 538521.

 

5. The applicant is advised to consider installation of Automatic Water Suppression Systems (AWSS) within the new dwellings.