Proposal:  Erect three storey infill extension to form additional classrooms, sports facilities and associated rooms and extend main school hall

Applicant:  Legra Academy Trust

Agent:  Barker Associates LLP

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 in accordance with the following approved plan: BA/P18-099-N204/B, BA/P18-099-N200, BA/P18-099-N203/C, BA/P18-099-N205/B, BA/P18-099-N301, BA/P18-099-N350, BA/P18-099-N201/C, BA/P18-099-N141, BA/P18-099-H141, BA/P18-099-N202/C, BA/P18-099-N121, BA/P18-099-H202, BA/P18-099-H401, BA/P18-099-H103, BA/P18-099-N101.

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

03  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no development shall take place, other than for demolition and construction up to the ground floor slab level, until samples of the materials to be used in the construction of the external elevations of the buildings hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out only in accordance with the approved details.

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy 2007, Policy DM1 and DM3 of the Development Management Document 2015 and the Design and Townscape Guide 2009.

04  No construction works other than demolition works and construction up to ground floor slab level shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include: proposed finished levels or contours; hard surfacing materials;  Details for the soft landscape works shall include the number, size and location of any trees, shrubs and plants to be planted together with a planting specification, the management of the site (e.g. the uncompacting of the site prior to planting) and the initial tree planting and tree staking details. The approved hard landscaping works shall be carried out prior to first occupation of the development hereby approved and the soft landscaping works within the first planting season following first occupation of the development.

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy DPD1 with CP4 of the Core Strategy DPD1 and policies DM1 and DM3 of the Development Management DPD 2015.

05  The photovoltaic solar roof panels shall be implemented in full prior to the first occupation of the buildings as per drawing no. P18-099-N205_B and shall provide at least 10% of the total energy needs of the new buildings. This provision shall be made for the lifetime of the development.

Reason: In the interests of providing sustainable development in accordance with the National Planning Policy Framework (NPPF) and Policy KP2 of the Core Strategy (2007).

06  The use of the development hereby approved shall be used for no purposes other than for those falling within Use Class D1 only. Notwithstanding the content of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any order revoking of amending or re-enacting this order, the development shall be used for no other purposes falling outside Use Class D1 as defined by the Town and Country Planning (Use Classes) Order 1987.

Reason: In order to protect the impacts on community infrastructure, the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with the NPPF, Policies KP2, CP4 and CP6 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

07  Demolition or construction works associated with this permission shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time Sundays or Bank Holidays.

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with policies KP2 and CP4 of the Core Strategy DPD1 and Policies DM1 and DM3 of the Development Management DPD 2015.

08  No part of the development shall be occupied or brought into use until details of refuse and recycling facilities, a waste management plan and service plan have been submitted to and agreed in writing by the Local Planning Authority. The refuse and recycling facilities, waste management and servicing of the development shall thereafter be implemented and made available for use in accordance with the approved details before first occupation of any of the development and shall be permanently maintained thereafter.  

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).

09  The development hereby granted shall be implemented in accordance with the recommendations and noise mitigation measures contained within the Noise Impact Assessment and Acoustic Deign Report dated 17 May 2018 by Encon Associates before it is occupied and retained as such thereafter.

Reason: To minimise the noise and disturbance impacts of the development in order to protect the amenities of neighbouring occupiers in accordance with National Planning Policy Framework (2018); Core Strategy (2007) policies KP2, CP4; Development Management Document (2015) Policy DM1 and the Design and Townscape Guide (2009).

10  The rating level of noise for internal activities (including amplified and unamplified music and human voices) at the site shall be at least 10dB(A) below the background noise level to ensure inaudibility in noise sensitive premises as measured at 1 metre from the nearest residential properties. If noise modelling software is used to calculate the likely levels or impact of the noise then any actual measurement taken such as LA90 must be taken in accordance with BS7445. The assessment shall be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

11  Prior to occupation of the development, a Travel Plan must be submitted to and approved in writing by the local planning authority. The Travel Plan must include details of;

(a)  A comprehensive survey of all staff ;

(b) Targets set in the Plan to reduce car journeys to the premises;

(c) Details of how the Travel Plan will be regularly monitored and amended, if necessary, if targets identified in the Plan are not being met over a period of 5 years from the date the building is occupied for A4 use.

The site shall be managed and operated in full accordance with the approved travel plan from its first occupation. At the end of 3 months following first occupation of the premises for D1 use a travel survey/questionnaire shall be carried out for staff and customers/visitors, and within 28 days of the survey the travel plan document must updated to take into account the results of the staff/customer/visitor survey and submitted to the Local Planning Authority for approval. Immediately following approval of the revised Travel Plan it must be implemented and the site managed and operated in full accordance with it.

At the end of the first and third years of the life of the Travel Plan, reports monitoring the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified problems must be submitted to and approved in writing by the local planning authority.  The further revised Travel Plan must be implemented immediately and the site managed and operated in full accordance with it thereafter.

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1 and DM15 and Design and Townscape Guide (2009).

12  No development shall take place until a site investigation of the nature and extent of any land contamination present has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority.

The results of the site investigation shall be made available to the local planning authority before any construction begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority before any construction begins. The site shall be remediated in accordance with the approved remediation measures before the development hereby approved is occupied and evidence to demonstrate that the remediation has taken place shall be submitted in writing to the Local Planning Authority before the development is occupied. 

If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures and these shall be fully implemented before the site is occupied.

Reason: 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) policy KP2 and Policies DM1 and DM14 of the Development Management Document (2015).

13  Prior to occupation of the development, details of additional cycle parking must be submitted to and approved in writing by the local planning authority.

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policies DM1 and DM15 and Design and Townscape Guide (2009).

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission 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.  Community Infrastructure Levy Liability Notice (CIL Regulation 65):- You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero due to the specific nature of the use. However, should the nature of the use change then you are advised to contact the planning department to discuss the requirement for planning permission and CIL liability. See www.southend.gov.uk/cil for further details about CIL.

2.  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  also  to  the  relevant  sections  of  the  Control  of Pollution Act 1974. The provisions apply to the construction phase and not solely to the operation of the completed development.

3.  The developer should also consider control measures detailed in Best Practice Guidance “The control of dust and emissions from construction and demolition”. http://www.london.gov.uk/priorities/planning/supplementary-planning-guidance

4.  The applicant is advised that the design and layout of the sports hall should comply with the relevant industry Technical Design Guidance, including guidance published by Sport England, National Governing Bodies for Sport. Particular attention is drawn to Sport England’s “Sports Hall Design & Layouts” design guidance note; https://www.sportengland.org/facilities-planning/design-and-cost-guidance/.  

5.  Please be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may 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 works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the Borough.