Proposal: Erect 5 storey building comprising of 22 self-contained flats (Class C3) commercial units at ground floor level (class E), community/residential space with first floor amenity deck, ancillary bike and bin stores and landscaping (Outline Application)

Applicant: Mr Kotecha

Agent: Mr Steven Kearney of SKArchitects

 

RESOLVED:-

 

(a) That the Council enter into a Planning Obligation by Deed of Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following:

 

• Secondary education contribution of £31,083.33

• RAMS contribution – 22 x £156.76 = £3,448.72

• Travel Plan and travel plan monitoring fee up to £5,000; Provision of Travel Information Packs to all residents.

• Late-Stage Viability Review Mechanism for a financial contribution in lieu of on-site Affordable Housing provision to retrieve 60% of any surplus up to cap of £347,449.78

• Monitoring fee of up to £10,000.

 

(b) That the Executive Director (Environment and Place), Director of Planning and Economy or Service Manager - Development Control be DELEGATED to GRANT PLANNING PERMISSION subject to the completion of the section 106 agreement referred to above and subject to the conditions set out below:

 

01 Details of the landscaping, (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved under the reserved matters. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 3 (three) years from the date of this permission. The development hereby permitted shall begin no later than 2 (two) years from the date of approval of the last of the reserved matters to be approved.

 

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and because the application is for outline planning permission only and the particulars submitted are insufficient for consideration of details mentioned.

 

02 The development hereby approved (except for landscaping which is indicative only) shall be carried out in accordance with the approved plans: 262-P101 Rev A; 262-P102 Rev E; 262-P103 Rev C; 262-P104 Rev C; 262-P105 Rev B; 262-P106 Rev B; 262-P108 Rev A

 

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, the development hereby permitted shall not commence, other than demolition or site preparation works, unless and until full details and specifications of the materials to be used for all the external surfaces of the development at the site including facing materials, roof detail, windows, doors, fascia and soffits have been submitted to and approved in writing by the Local Planning Authority. The works must then be carried out in full accordance with the approved details before the development hereby approved is first occupied.

 

Reason: In the interest of visual amenity and the setting of nearby heritage assets in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, the development hereby permitted shall not commence, other than demolition or site preparation works, unless and until large scale sections and details of the colonnade to Alexandra Street including underside, balcony and window surround detail and inset balustrade, blind windows, internal balcony arrangements, parapet detail at roof level and podium edge, shopfronts including framing detail (south, east and north) and all brickwork decoration have been submitted to and approved in writing by the Local Planning Authority. The works must then be carried out in full accordance with the approved details before the development hereby approved is first occupied.

 

Reason: In the interest of visual amenity and the setting of nearby heritage assets in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

05 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, the development hereby permitted shall not commence, other than demolition or site preparation works unless and until 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. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include, but not limited to:-

 

i. means of enclosure, of the site including any gates or boundary fencing;

ii. pedestrian access and circulation areas;

iii. hard surfacing materials;

iv. details of the number, size and location of the shrubs and plants to planted together with a planting specification;

v. Biodiversity enhancement measures.

 

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.

 

Reason: In the interests of visual amenity, the setting of nearby heritage assets and the amenities of occupiers and to ensure a satisfactory standard of landscaping and tree protection measures are implemented pursuant to Policy DM1 and DM5 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

 

06 Prior to the first occupation of the development hereby approved, the residential cycling and bin storage areas shown on the approved plan 262-P102 Rev E shall be provided and made available for use by the occupiers of the development. These areas shall be retained for the lifetime of the development.

 

Reason: To ensure that satisfactory cycle and bin storage is provided in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP3, Development Management Document (2015) Policy DM15 and the guidance in the Waste Storage, Collection and Management Guide for New Developments (2019).

 

07 Prior to the first occupation of the development hereby approved, the commercial cycling and bin storage areas and the external visitor cycle parking shown on the approved plan 262-P102 Rev E shall be provided and made available for use by the occupiers of the development. These areas shall be retained for the lifetime of the development.

 

Reason: To ensure that satisfactory cycle and bin storage is provided in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP3, Development Management Document (2015) Policy DM15 and the guidance in the Waste Storage, Collection and Management Guide for New Developments (2019).

 

08 Construction and demolition works for the approved development on site shall only be undertaken between 8 am to 6 pm on weekdays, between 8 am and 1 pm 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 (2023), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

09 No development shall take place, including any works of demolition, unless and until a Demolition and Construction Management Plan and Strategy (to include Noise and Dust Mitigation Strategies) has been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The approved Demolition and Construction Management Plan and Strategy shall be adhered to in full throughout the construction period. The Strategy shall provide, amongst other things, for:

 

(i) the parking of vehicles of site operatives and visitors,

(ii) loading and unloading of plant and materials,

(iii) storage of plant and materials used in constructing the development,

(iv) the erection and maintenance of security hoarding,

(v) measures to control the emission of dust, dirt, mud being carried onto the road and noise during construction,

(vi) a scheme for recycling/disposing of waste resulting from construction works that does not allow for the burning of waste on site.

(vii) a dust management plan to include mitigation and boundary particulate monitoring during demolition and construction,

(viii) details of the duration and location of any noisy activities, and

(ix) Details of access management arrangements for the Public Right of Way during the construction period.

 

Reason: A pre-commencement condition is justified in the interest of the residential amenity of nearby occupiers and the safety and convenience of the public 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).

 

10 Prior to first occupation 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. The agreed measures shall be maintained on site as approved thereafter.

 

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 (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

11 The dwellings hereby approved shall incorporate water efficient 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 before they are occupied.

 

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 (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2, and the advice contained within the National Design Guide (2021) and the Southend-on-Sea Design and Townscape Guide (2009).

 

12  A. Site Characterisation

 

Notwithstanding the details submitted with this application, no development shall be undertaken, other than that required to carry out additional necessary investigation which in this case may include demolition, site clearance, removal of underground tanks and old structures, unless and until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The risk assessment shall assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

 

(i) a survey of the extent, scale and nature of the contamination;

(ii) an assessment of the potential risks to:

• Human health,

• Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• Adjoining land,

• Groundwaters and surface waters,

• Ecological systems,

• Archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s)

 

B. Site Remediation Scheme

 

No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority pursuant to this condition. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after the remediation.

 

C. Remediation Implementation and Verification

 

No development shall take place other than that required to carry out the agreed remediation unless and until the measures set out in the approved Remediation scheme have been implemented in full. The Local Planning Authority must be given a minimum of two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and shall be submitted for approval in writing to the Local Planning Authority pursuant to this condition.

 

D. Reporting of Unexpected Contamination

 

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 under the terms of this condition. The development works must cease until an assessment has been undertaken in accordance with the requirements of part A of this condition, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, has been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of part B of this condition. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority under the terms of this condition before the development is brought into first use.

 

Reason: This pre-commencement condition is required to ensure that any contamination on the site is identified and 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).

 

13 The noise mitigation measures as detailed in the report by ES Acoustics (ref. number 20294.RPT.01 dated 15/02/2023) shall be implemented by competent persons.

 

No dwelling shall be occupied until a post completion noise survey has been undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. 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 Authority and installed and tested prior to operation. The mitigation measures must be retained in perpetuity thereafter.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with 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).

 

14 No dust or fume extraction or filtration equipment or air conditioning, ventilation, or refrigeration equipment shall be installed on the buildings (/ development) hereby approved unless and until details of its design, siting, discharge points, predicted acoustic performance and details of any necessary noise and odour mitigation measures to be used have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. The equipment shall be installed only in accordance with the approved details and shall be maintained in good working order thereafter for the lifetime of the development.

 

Reason: To protect the environment of people in the development and general environmental quality in accordance with 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).

 

15 Notwithstanding the provisions of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any revocation, amendment or adaptation of this legislation of for the time being may be in force, the commercial floorspace hereby approved shall be used only for purposes falling within Class E of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force).

 

Reason: To reflect the nature of the application and in order to protect the amenities of occupiers of the development and surrounding occupiers and to protect the character and amenities of the area all in accordance with Policies CP1, KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM11 and DM3 of the Development Management Document (2015).

 

16 Deliveries and collections to and from the commercial units within the development hereby approved shall only be undertaken between:

 

- Monday to Fridays between 7am and 7pm

- Saturdays between 8am and 1pm

- Not at any time on Sundays and Bank Holidays

 

Reason: To protect the environment of people in the development and general environmental quality including neighbours’ amenity in accordance with 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).

 

17 No external lighting shall be installed on the development including within the parking, access or landscaped areas of the development hereby approved other than in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. 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." All illumination within the site shall be retained in accordance with the approved details.

 

Reason: To protect the privacy and environment of residents within the development and to safeguard the visual and residential amenities of the area in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1, and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009)

 

18 The non-residential units hereby approved shall not be open for customers outside the following hours:

 

- 7am to 10pm on any day.

 

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development Management Document (2015).

 

19 The outdoor seating area for the non-residential uses as shown on drawing 262-P102 Rev E hereby approved shall not be open for customers outside the following hours: from 8am to 7pm on any day.

 

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, and Policies DM1 and DM3 of the Development Management Document (2015).

 

20 Before the development hereby approved is occupied or brought into use it shall be carried out in a manner to ensure that 3 of the flats hereby approved comply with the building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 19 flats comply with building regulation part M4(2) ‘accessible’ and adaptable dwellings’ standard.

 

Reason: To ensure the residential units hereby approved provides high quality and flexible internal layouts to meet the changing needs of residents in accordance with National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM8 and the advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

21 The two community units hereby approved and as annotated on plan number 262-P102 Rev E shall be used only for purposes falling within Classes F1 or F2 of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force).

 

Reason: To safeguard the character and amenities of the area and in particular to protect the amenities of nearby residential properties and the provision of community uses within the City, in accordance with Policy PA6 of the Southend Central Area Action Plan (2018), Policies KP2, CP4 and CP6 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

 

22 Notwithstanding the submitted drainage details which are otherwise agreed, no drainage infrastructure associated with the development hereby approved must be installed until details of surface water attenuation for the site, based on Sustainable Drainage Systems (SuDS) principles, have been submitted to and approved in writing by the Local Planning Authority under the provisions of this condition. Specifically, such details must have regard to the following;

 

(1) The applicant must update their drainage plan to include overland flow routes and exceedance routes, ensuring critical areas are protected from flooding where possible.

(2) The applicant must provide details on the management of health and safety risks as a part of the drainage strategy.

(3) The applicant must confirm the groundwater conditions and assess the impact on the proposed system. The applicant must also determine whether any surface water from adjacent areas will make its way to the proposed site.

(4) The applicant must consider the construction phase activities that may compromise the below ground surface water drainage infrastructure and take necessary precautions to prevent and/or repair damage.

(5) The applicant must provide details of the third part management and maintenance company who will maintain the proposed drainage network.

(6) Infiltration tests must be undertaken prior to detailed design to confirm that partial infiltration is achievable in the permeable pavement.

(7) Rainwater harvesting must be considered further in the scheme during detailed design, including within the blue roof and underground storage.

 

The development must only be implemented in accordance with the details approved under this condition and the conclusions and recommendations contained in the SUDs Statement (Dated April 2023) by HJ Structural Engineers Ltd.

 

The approved drainage works must be provided on site prior to first occupation of the development and shall be maintained in good working condition for the lifetime of the development.

 

Reason: To ensure the approved development does not increase flood risk elsewhere in accordance with the National Planning Policy Framework (2023) and Core Strategy (2007) Policies KP1 and KP2.

 

23 The recommendations and biodiversity enhancement measures as detailed in the Preliminary Ecological Appraisal by Arbtech Issue 2 (dated 11/10/2023) shall be implemented in full by competent persons. The bird and bat boxes shall be installed solely in accordance with details inclusive of their siting and design that have previously been submitted to and agreed in writing by the Local Planning Authority.

 

Reason: In the interest of biodiversity in accordance with the 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).

 

24 The maximum height of development shall not exceed 56.46m (AOD). A third-party instrument flight procedure assessment (ILS) must be completed before the development commences and confirmation that this has been agreed with the London Southend Airport shall be submitted to and approved in writing by the Local Planning Authority pursuant to this condition.

 

Reason: This pre-commencement condition is required in the interest of the safety of aviation in accordance with the National Planning Policy Framework (2023), Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

25 The proposed windows in the side (east and west facing) 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 internal finished floor level prior to the first use or occupation of the development hereby permitted and retained as such 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 on the Pilkington scale.

 

Reason: To ensure the development has an acceptable design and protects the amenities of neighbouring occupiers in accordance with Policy DM1 of the Development Management Document (2015).

 

26 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 of a waste management and service plan have been submitted to and approved 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).

 

(c) In the event that the planning obligation referred to in part (a) above has not been completed before 19 December 2023 or an extension of this time as may be agreed by the Executive Director (Environment & Place), the Director of Planning and Economy or Service Manager - Development Control, authority is delegated to the Executive Director (Environment & Place), the Director of Planning and Economy or Service Manager - Development Control to refuse planning permission for the application on grounds that the development will not secure the necessary contributions for secondary education, RAMs, Travel Plan, monitoring of travel plan and provision of Travel Information Packs, a Late-Stage Viability Review Mechanism for a financial contribution in lieu of on-site Affordable Housing Provision and for a Monitoring fee that, as such, the proposal would be unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 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 proposed development subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended). The amount of levy due will be calculated at the time a reserved matters application is submitted. Further information about CIL 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. This permission is governed by a legal agreement between the applicant and the City Council under Section 106 of the Town and Country Planning Act 1990.The agreement relates to the provision of a financial contribution in relation to education, a financial RAMS contribution, the provision of Travel Information Packs, late-stage affordable housing viability review and monitoring of the agreement.

 

4. Applicants are advised of the need to ensure the thermal comfort of dwellings under Regulation 40B of the Building Regulations 2010. The code of practice to the Regulations in Approved Document O requires an overheating mitigation strategy and assessment. This includes where noise protection measures require windows and openings to be closed.

 

5. 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 for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea City Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.

 

6. 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.

 

7. Advertisement signage associated with the development must be submitted for under separate Advertisement legislation.