Proposal:  Install bi-folding doors to rear, raised decking to rear and render dwellinghouse. Install cladding and roof lantern to single storey side extension. New boundary fencing, landscaping and changes to land levels. Form additional parking area to front (retrospective)

Applicant:  Ms Law

Agent:  DK Building Designs Ltd 

Resolved:-

1.  That planning permission be REFUSED for the following reason:

The cladding and roof lantern to the side extension and the garden boundary treatments by reason of their unduly stark contemporary design and appearance result in incongruous and obtrusive features in the streetscene and garden setting which cause material harm to the character and appearance of the host dwelling and the Leigh Conservation Area. Whilst this material harm is less than substantial, no public benefits have been identified to outweigh this harm. The development is therefore unacceptable and contrary to Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the advice contained within the Design and Townscape Guide (2009) and the Leigh Conservation Area Appraisal (2010).

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal. The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action.

Informative

You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.

2.  That ENFORCEMENT ACTION be AUTHORISED to secure the removal of the harmful unauthorised development  on the grounds that it harms the appearance of the property and the streetscene by reason of the unsympathetic materials, inappropriate style to the extent that it is detrimental to the character and appearance of the Leigh Conservation Area contrary to the National Planning Policy Framework, Policies CP4 and KP2 of the Southend-on-Sea Core Strategy, Policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document and the advice contained within the Council’s Design and Townscape Guide.

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

When serving an Enforcement Notice, the local planning authority must ensure a reasonable time for compliance.  In this case, the necessary research and quotes have already been undertaken and any time delay in manufacture and installation is likely to be the dictated by the suppliers lead time. It is considered that a compliance period of 3 months is deemed reasonable.