Proposal: Erect stable block comprising of 3no. stables and tack room with associated north facing LED lighting, hardstanding pen and turn out paddock, part of a menage (part in Rochford Council Boundary), erect barn and timber clad plant container to east side of stables, erect chicken coop, layout drive and parking and install 8000 litre below ground level water storage tank. (Part Retrospective) (Amended Proposal)

Applicant: Mr Paul Whitehair

Agent: Mr Robert Gandy of Enzygo

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01 The development shall only be undertaken in accordance with the following approved plans: CRM.123.005.PL.D.001 Rev B, CRM.123.005.PL.D.002 Rev B, CRM.123.005.PL.D.003 Rev B, CRM.123.005.PL.D.004 Rev B.

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).

02 The materials for the external surfaces of the development hereby approved shall be as set out on plan reference CRM.123.005.PL.D.004 Rev B.

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework (2023) Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the advice contained 206 Development Control Report Page 19 of 22 within the Southend-on-Sea Design and Townscape Guide (2009) and National Design Guide (2021).

03 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that Order with or without modification, the buildings hereby approved shall not be converted to any other use including residential and commercial use as specified within Schedule 2, Part 3, Class Q (Agricultural Buildings to Dwellinghouses) and Class R (Agricultural Buildings to a Flexible Commercial Use) of the Town and Country Planning (General Permitted Development) Order 2015 without the receipt of express planning permission from the Local Planning Authority.

Reason: To enable the Local Planning Authority to regulate and control development in the interest of the openness and character of the Green Belt and the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

04 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any revocation, amendment -or re-enactment of that order, there shall be no public events held at, nor any commercial events, activities or uses undertaken at the site without express planning permission having been granted for any such uses or events.

Reason: To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties in accordance the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

05 The barn hereby approved shall not be first used until and unless the internal refuse and recycling and cycle storage facilities are provided and made available for use by the users of the site in full accordance with the details shown on approved drawing number CRM.123.005.PL.D.004 Rev B. The refuse and recycling and cycle storage facilities shall be retained for the lifetime of the development in accordance with the approved details. All waste materials, except manure, shall be stored within the barn. Within 1 month of the date of this decision the redundant equipment at the site, as set out in the email from the agent dated 13.11.23, shall be permanently removed from the site.

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 and the openness of the Green Belt, in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 06 All manure/waste generated with the development hereby approved shall be stored and ultimately disposed of in full accordance with the details contained in the 'Manure Disposal Procedure' document dated 01.12.2023 and plan reference CRM.123.005.PL.D.003 Rev B. No manure or waste materials shall be burned on the land within the application site.

Reason: To enable the Local Planning Authority to regulate and control development 207 Development Control Report Page 20 of 22 in the interest of the amenity of neighbouring properties in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

07 External lighting for the development hereby approved shall be in full accordance with the Lighting Strategy by Enzygo reference CRM.0123.001.AQ.R.001 dated December 2023 including that only 3 external lights shall be installed on the north elevation of the stable and these shall not be in use between the hours of 8pm – 8am on any day except in emergencies or any other lighting scheme details of which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition. This scheme shall be implemented in accordance with the Institute of Lighting Professionals "Guidance Note 01/21: Guidance notes for the reduction of obtrusive light" and other industry accepted standards. The scheme shall be retained in accordance with the approved details. There shall be no other lighting of the external areas of the site.

Reason: In the interest of the amenity of neighbouring properties and to ensure any protected species and habitats utilising the site are adequately protected in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2 and Development Management Document (2015) Policy DM2.

08 The drainage works for the development hereby approved shall be implemented in full accordance with the details set out in the Detailed Drainage Strategy by Enzygo reference CRM.0123.005.HY.R.001.A dated February 2024 and email from agent dated 08.01.24, or any other drainage works which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved scheme shall be implemented in full before the barn hereby approved is brought into first use.

Reason: To ensure the drainage at the site is properly managed and does not increase flood risk elsewhere in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP1, KP2 and KP3 and Development Management Document (2015) Policy DM14.

09 The development hereby approved shall be carried out in full accordance with the mitigation measures and recommended enhancements set out in Sections 4 and 5 of the submitted Ecological Impact Assessment by Enzygo reference CRM.0123.005.EC.R.001.Rev A dated 23rd November 2023.

Reason: To ensure any protected species and habitats utilising the site are adequately protected during building works in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy KP2 and Development Management Document (2015) Policy DM2.

10 The tree protection measures as set out in the Arboricultural Impact Assessment and Arboricultural Method Statement by Enzygo reference 23.005.ENZ.XX.00.RP.AR.45.102 dated June 2023 and associated tree protection plan reference 123.005.ENZ.XX.00.DR.AR.45.102 Rev PL01 in relation to the trees covered by TPO 4/67 W1 directly south of the site shall be implemented in full prior to commencement of any works required for the barn, tack room and buried water tank hereby approved and shall be retained throughout the construction phase of the development. Implementation of the development shall be undertaken only in full accordance with British Standard 3998 and British Standard 5837 including supervision of works by a qualified arboriculturalist.

Reason: A pre commencement condition is justified to ensure the trees on and close to the site are adequately protected during building works in the interests of visual amenity and in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

11 No additional hardstandings or vehicular access tracks shall be installed at the site other than that shown on plan reference CRM.123.005.PL.D.003 Rev B. The vehicular access track which has been installed shall be topped with grass laid on reinforced mesh as stated on the plan.

Reason: To ensure that the development is satisfactorily serviced in the interests of highway safety and visual amenity and to protect the character of the surrounding area and Green Belt, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

12 There shall be no parking or storage of caravans, motor homes or any other vehicles on site which are not reasonably associated with and/or do not directly relate to the day-to-day use of the development hereby approved.  

Reason   To enable the Local Planning Authority to regulate and control the development in the interest of the openness and character of the Green Belt and the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy  Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

Informatives:

01 The applicant is advised that the planning permission which has been granted relates to the development within the red line boundary only, which falls within the Southend City Council boundary. A separate planning application will need to be made to Rochford District Council for the development, and part of the site within their jurisdiction.

02 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).

03 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.

04 The applicant is reminded that the development on site remains unauthorised. This needs to be remedied either by implementing this permission and /or removing the unauthorised development in situ. Failure to do this may result in the council considering the expediency of enforcement action to seek to remedy the currently 209 Development Control Report Page 22 of 22 identified harm.

05 Please note that it is the applicant’s responsibility to ensure a safe site in terms of land contamination and the site cannot be determined as contaminated land in the future as defined by Part 2A of the Environmental Protection Act 1990.

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.