Proposal: Demolish link infill extension between existing buildings and convert existing 30 bed care home into 1 x block of 8 residential flats (Class C3) (east building) including a three-storey rear extension and 1 x block of serviced accommodation of 10 self-contained units (Sui Generis) (west building) including part demolition of existing rear extensions and erect part ground floor, part 2nd floor rear extension, roof terraces, balconies and Juliet balconies, extend existing vehicle crossover, reconfigure driveway and car parking spaces, reposition front boundary piers, bin stores, convert existing garden office into cycle stores, erect new boundary treatments to form private and communal gardens (Amended Proposal).

Applicant: Mr Woolley of TWL Property Developments 1 Ltd

Agent: Mr Maz Rahman of RD architecture Ltd.

 

Mr Moroney, a local resident, spoke as an objector to the application.  Mr Wooley, the applicant’s agent, responded.

 

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 hereby permitted shall be carried out solely in accordance with the following approved plans 2352-100-P3, 2352-110-P5, 2352-120-P4, 2352-130-P4, 2352-140-P3, 2352-210-P3, 2352-220-P3.

 

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

 

Materials

 

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 for the approved alterations and extensions within the development hereby approved, including walls, roof including ridge tiles, soffit and rainwater goods, all new windows and doors, balconies and screens, roof and roof terraces, parapet coping and brise soleil, bin and cycle store doors, entrance gates, and boundaries 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 accordance with the approved details before it is brought into first use or first occupied.

 

Reason: To safeguard the visual amenities of the area including the character and appearance of the Clifftown Conservation Area in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009), National Design Guide (2021) and the Clifftown Conservation Area Appraisal (2021).

 

Detailing of Key Features

 

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 replacement front balustrade to No 97-99 Alexandra Road, the reinstatement of traditional windows at second floor level at Nos 95 and 99 and  all new front doors  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. The development shall be carried out in full accordance with such approved details before it is brought into first use or first occupied. The inner facing flank elevations of No 95 Alexandra Road (west elevation) and No 97 Alexandra Road (east elevation) shall be reinstated to match the detailing and materials on the front elevations including matching materials, the dormer to No 95 and decorative eaves detailing as shown on plan reference 2353-220-P1.

 

Reason: To safeguard the visual amenities of the area including the character and appearance of the Clifftown Conservation Area in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009), National Design Guide (2021) and the Clifftown Conservation Area Appraisal (2021).

 

Landscaping

 

05       Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition works shall take place 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 under the terms of this condition. The approved hard landscaping works shall be carried out prior to first occupation or first use of the development and the soft landscaping works within the first planting season following first occupation or first use of the development hereby approved. The details submitted shall include, but not be limited to:

 

i. Means of enclosure, of the site including any alterations to gates, walls or boundary fencing; 

ii. All hard surfacing materials; 

iii. Full details of the number, size and location of the trees, shrubs and plants to be retained and planted, including new trees on the eastern boundary, together with a planting specification and tree management plan.

iv. Details of measures to enhance biodiversity within the site.

v. Details of the exact position and design of electric vehicle charging equipment on the site’s forecourt area.

 

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: In the interests of visual amenity of the area and the Clifftown Conservation Area and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policies DM1 and DM5 of the Development Management Document (2015), Policy CP4 of the Core Strategy (2007) and the advice in the Southend-on-Sea Design and Townscape Guide (2009), National Design Guide (2021) and  the Clifftown Conservation Area Appraisal (2021).

 

Tree Protection Measures 

 

06  The tree and tree root protection measures as set out in the Arboricultural Method Statement  by Moore Partners Ltd dated 22.01.24 and associated Tree Protection Plan reference RD/ALXR/01 in relation to the trees identified as T1-T7 in that statement including the mitigation measures in relation to construction of the replacement hardstanding and any boundary  alterations within the root protection areas of the trees denoted as T6 and T7 shall be implemented in full prior to commencement of the development 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 arboriculturist.

 

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 the character and appearance of the Clifftown Conservation Area and in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM5 and advice  within the Southend Design and Townscape Guide (2009) and  the Clifftown Conservation Area Appraisal (2021).

 

Car Parking and EV Charging Provision

 

07  The 6 car parking spaces and the associated vehicular access for those spaces to access the public highway, shown on approved plan 2353-110-P5 shall be provided and made available for use at the site prior to the first occupation or first use of the development hereby approved. The car parking spaces and the associated vehicular access to and from the public highway shall thereafter be permanently retained solely for the parking of vehicles and the accessing of the car parking spaces in connection with the occupiers of the development hereby approved and their visitors. All parking spaces for the flats and at least one of the spaces for the serviced accommodation shall have access to active electric vehicle charging.

 

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, Southend-on-Sea Electric Vehicle Charging Supplementary Planning Guidance (2021) and advice in the Southend Design and Townscape Guide (2009) . 

 

Refuse and Recycling Storage

 

08   (A)  Notwithstanding the plans submitted and otherwise hereby approved, the development hereby approved shall not be first occupied or brought into first use until and unless secure, covered  refuse/recycling storage  for  users  of  the  development hereby approved has been provided at the site in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority  under  the  terms  of  this  condition.  The approved refuse/recycling storage shall be made available for use by the users of the development hereby approved prior to its first use or first occupation and the refuse/recycling storage shall be retained as such for the lifetime of the development thereafter.

 

(B) Notwithstanding the details submitted and otherwise hereby approved, the serviced accommodation hereby approved shall not be first occupied or brought into first use until and unless a Waste Management Plan and Strategy, setting out the waste management and collection arrangements for the serviced accommodation, including frequency and timings of refuse and recycling collection, is being delivered at the site in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority under the terms of this condition.  The serviced accommodation shall be managed in accordance with the approved Waste Management Plan and Strategy prior to its first use or first occupation and shall be retained as such for the lifetime of the development thereafter.

 

Reason: To ensure that adequate refuse and recycling storage and secure cycle parking is provided and retained to serve the development in accordance with Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

Cycle Storage

 

09  The development hereby approved shall not be first used or first occupied unless and until the cycle stores to serve the development as shown on approved drawing 2353-110-P5 and cycle store document reference 01_2024.03.13. have been provided at the site and made available for use by users of the development in full accordance with the approved plans, or any other alternative cycle storage provision, details of which have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved cycle storage facilities shall be permanently retained thereafter and used only for the approved purpose. 5 cycles shall be provided for the serviced accommodation for visitors to be used free of charge as set out in the Travel Statement reference 02_2024.03.12.

 

Reason:  To ensure that satisfactory cycle parking facilities are provided in the interests of highway safety and visual amenity and to protect the character of the surrounding area including the Clifftown Conservation Area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007), Policies DM1, DM5 and DM15 of the Development Management Document (2015) and the advice in the Southend-on-Sea Design and Townscape Guide (2009) and the Clifftown Conservation Area Appraisal (2021) .

 

Privacy Screens

 

10  The development hereby approved shall not be first occupied or brought into first use unless and until all the privacy screens shown on approved plan references 2353-120-P4 and 2353-130-P4 have been installed in accordance with details and specifications that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The screens shall be  no less than 1.7m high above the terrace level which they serve and shall be retained for the lifetime of the development in accordance with the approved details.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM1 and the advice within the Southend-on-Sea Design and Townscape Guide (2009).

 

Water Efficiency

 

11  Prior to occupation of the development hereby approved, appropriate water efficient design measures as 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), to include measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be implemented for the whole development and retained in perpetuity.

 

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 advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

Renewables

 

12  A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied, where feasible, using on site renewable sources and sited in a way that does not compromise the character of the conservation area, must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation or 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 (2023), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM2 and advice in the Southend-on-Sea Design and Townscape Guide (2009).

 

Sustainable Drainage

 

13  No drainage infrastructure associated with the extension to No 95 Alexandra Road hereby approved shall be installed unless and until details which show how the new extension will be drained, including a scheme for on-site foul water drainage works, including its connection point and discharge rate, and how this links with the existing drainage network have been submitted to and approved in writing by the Local Planning Authority under the terms of this condition. The approved scheme shall be implemented, in accordance with the approved details before the development is first occupied or brought into first use and shall be maintained as such thereafter for the lifetime of the development.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with the National Planning Policy Framework (2023), Policy KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

Serviced Accommodation Controls

 

14  The serviced accommodation at Nos 97-99 Alexandra Road hereby approved shall only be used only as a short term lets to provide visitor accommodation (Sui Generis). It shall not be used for any other purpose. 

 

Reason: To ensure the development accords with the permission sought and to enable the Local Planning Authority to retain control of the use of the floorspace specified so that the development maintains the provision of visitor accommodation within the City, in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), and Policies DM1, DM3, and DM12 of the Development Management Document (2015).

 

15  The maximum number of consecutive nights any guest may stay at the visitor accommodation available within the development hereby approved shall be limited to 90 nights. No guest shall stay at the visitor accommodation available at the property for more than 90 nights in any single calendar year.

 

Reason: To ensure the development  accords with the permission sought and to enable the Local Planning Authority to retain control of the use of the floorspace specified so that the development maintains the provision of visitor accommodation within the City and that occupation of the premises does not prejudice amenity, in accordance with the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3, DM8 and DM12 of the Development Management Document (2015).

 

16  The serviced accommodation hereby approved shall be managed in full accordance with the submitted Management Strategy reference 02_2024.03.13 and the submitted Travel Statement reference 02_2024.03.12 for the lifetime of the development or in accordance with any alternative such details that have previously been submitted to and approved in writing by the Local Planning Authority under the terms of this planning condition.

 

Reason:  To protect the amenity of occupiers in the proposed and neighbouring properties, in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policy CP4 and Development Management Document (2015) Policies DM1 and DM3.

 

Construction Management Plan

 

17  No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority under the terms of this condition. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide 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 including contact details (including out of hour contact details) that are to be displayed on the hoardings.

v. A Noise and Dust Management Plan - measures to control the emission of noise and dust and dirt during demolition and construction.

vi. A scheme for recycling/disposing of waste resulting from demolition and construction works. No waste materials should be burnt on the site, instead being removed by licensed waste contractors.

 

Reason: This pre-commencement condition is required to minimise the environmental impact and disturbance to existing residents, during construction of the development in accordance with the National Planning Policy Framework (2023), Core Strategy (2007) Policies KP2 and CP4 and Development Management Document (2015) Policies DM1 and DM3.

 

Hours of Construction

 

18  Construction hours for the development hereby approved shall be restricted to 8am – 6pm Monday to Friday, 8am - 1pm Saturday and not at all on Sundays, Bank or Public Holidays.

 

Reason: In the interests of the amenities of neighbours pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 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 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.  Highways - 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 advised that residents of and visitors to the development will not be eligible for permits for the Controlled Parking Zone in this area.

 

4.  Asbestos - Prior to any alterations to or demolition of any part of 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. It is recommended that the Council's Building Control department is notified of the demolition in order that requirements can be made under section 81 of the Building Act 1984.

 

5.  Construction outside of normal hours - If construction works are to be considered outside of normal hours especially overnight or are expected to cause a nuisance to existing receptors it is recommended that the applicant applies for a prior consent application under Section 61 of the Control of Pollution Act 1974. A consent enables the applicant to conduct the works without the worry of enforcement provided they comply with it. The applicant will have to submit details of any noisy works including type of plant and machinery to be used, proposed daily start and finish times, consultation with nearby residents and businesses and duration and time scales of the works. The applicant will need an acoustically qualified person who will be able to calculate the predicted noise levels form the operation and the impact on nearby residents and then be able to evaluate mitigation measures that can be used.  If Regulatory Services become aware of any works that are highly likely to cause a nuisance, they can serve a notice under section 60 of the Control of Pollution Act 1974 to prevent this. A breach of this will represent a criminal offence. The application form and guidance is available on the Southend-On-Sea City Council website. The applicant can also contact the Regulatory Services Team at Southend-on-Sea City Council for details.

 

6. Anglian Water Informative Used Water Network - 1: Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087. 2: Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water. 3: Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087. 4: The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact Anglian Water’s Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.