Proposal:  Demolish existing building (Class D1), redevelop site with up to 10 residential dwellings (Class C3) with associated parking and form vehicular access onto Ness Road (Outline Application)

Applicant:  NHS Property Services

Agent:  Savills

 

Resolved:-  That OUTLINE planning permission be GRANTED subject to the following conditions:

 

01  Details of the appearance, layout, scale and 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 not later than 2 (two) years from the date of approval of the last of the reserved matter 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  Except for demolition and site preparation works no development above ground level shall be undertaken until and unless samples of the materials to be used on the external elevations including details of any boundary walls, fences, gates and windows have been submitted to and approved by the Local Planning Authority.  The development shall be carried out and completed in accordance with the approved details before it is occupied.

 

Reason:  In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area.  This is as set out in the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the guidance contained within the Design and Townscape Guide (2009).

 

03  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works above ground level shall take place until full details of both hard and soft landscape works proposed for the site, have been submitted to and approved in writing by the local planning authority.  These details shall include: proposed finished levels or contours, means of enclosure, hard surfacing materials, minor artefacts and structures (e.g. refuse or other storage units, signs, lighting etc.).

 

Details for the soft landscape works shall include the number, size and location of the 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 shall be carried out within the first planting season following first occupation of the development.

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Reason: In the interests of visual amenity, biodiversity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

04  Except for demolition and site clearance no development above ground level shall be undertaken until full details of refuse, recycling and covered and secure cycle storage to be provided at the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and completed in accordance with the approved details before it is first occupied and the approved facilities shall be made available prior to first occupation and shall be retained in perpetuity.

 

Reason: To ensure that satisfactory secure off-street bicycle parking is provided and to protect the environment and provide suitable storage for waste and materials for recycling in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1, and the guidance contained in the Design and Townscape Guide (2009).

 

05  No development above ground level shall be undertaken until and unless a scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented and completed in full prior to the first occupation of any of the residential units hereby approved. This provision shall be made for the lifetime of the development.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007), Development Management Document (2015) Policy DM2 and the Design and Townscape Guide (2009).

 

06  Prior to occupation any part of the residential units hereby approved details of the 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 shall be submitted to and approved in writing by the local planning authority.

The development shall be implemented and completed in accordance with the approved details before it is occupied and shall be retained as such in perpetuity.

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with the National Planning Policy Framework, Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and the Councils Design and Townscape Guide (2009).

 

07  A total of 20 parking spaces to serve the residential development hereby approved shall be provided and made available for use within the site prior to the first occupation of any part of the development hereby approved and shall thereafter be permanently retained for the parking of private motor vehicles solely for the benefit of the occupants of the new dwellings and their visitors and for no other purpose.

 

Reason:  To ensure satisfactory parking is provided and retained to meet needs of occupants that the development is completed and used as agreed, and to ensure that it meets the National Planning Policy Framework (2018), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM15 and the Design and Townscape Guide (2009).

 

08   Prior to occupation of the development a parking management plan for the approved development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out and completed in accordance with the approved document prior to the first occupation of any of the dwellings hereby approved and shall be operated in accordance with the approved arrangement plan in perpetuity.

 

Reason:  To ensure satisfactory parking is provided and retained to meet needs of occupants that the development is completed and used as agreed, and to ensure that it meets the National Planning Policy Framework (2018), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM15 and the Design and Townscape Guide (2009).

 

09  No development shall take place, including any works of demolition, unless and until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. 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 decorative displays and facilities for public viewing, where appropriate

v. wheel washing facilities

vi. measures to control the emission of dust and dirt during construction

vii. a scheme for recycling/disposing of waste resulting from demolition and construction works

viii. noise mitigation measures to be used at the site.

ix. maintenance of access and parking provisions for the 2 care homes in operation.

 

Reason:  This pre-commencement condition is required to protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, and Development Management Document (2015) Policy DM15.  

 

10  Before the development is occupied or brought into first use, the development hereby approved shall be completed  in a manner to ensure that 1 of the units hereby approved comply with Building Regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 9 units 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 (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM8 and Design and Townscape Guide (2009).

 

11  External lighting shall only be installed in the development hereby approved in accordance with details that have previously been submitted to and approved in writing by the local planning authority.

 

Reason: In the interest of the safety and amenities of the area, and to protect the amenities of surrounding occupiers in accordance with policies  KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

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

 

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

 

13  No development above ground level shall be undertaken unless and until the flood resilient and resistant measures proposed have been submitted to and approved in writing by the local planning authority and the finished first floor levels of the development hereby approved shall be set no lower than 6.15m above Ordnance Datum (AOD). The approved mitigation measures shall be fully implemented prior to the first occupation of the development hereby approved.

 

 

Reason:  To ensure the approved development is safe and does not increase flood risk elsewhere in accordance with National Planning Policy Framework (2018), Core Strategy (2007) Policies KP1, KP2 and KP3 and Development Management Document (2015) Policy DM14.

           

14  The development hereby approved shall be undertaken and completed in accordance with the following:

 

•  Lighting design should avoid lighting overspill onto the northern and southern boundaries of the site which are suitable for foraging bats;

•  Vegetation clearance works and building demolition works shall be undertaken outside of the bird nesting season (March – August inclusive) else a suitable qualified ecologist should be employed to determine if nesting birds are using the site prior to the works commencing with any active sets found provided with a 10m buffer  which would be left until the young had fledged. Clearance works within the area can recommence only once the nest is no longer in use;

•  Full details of bird and bat boxes to be installed at the site shall be submitted to and approved in writing by the local planning authority before any development above ground level is undertaken. The approved bird and bat boxes shall be provided in full prior to the first occupation of the development hereby approved and retained as such in perpetuity.

 

Reason: To ensure the development results in no adverse harm to ecology or biodiversity in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP1, KP2 and CP4.

 

15  Notwithstanding the details shown on the submitted plans no development above ground level shall be undertaken until full details of the noise mitigation measures to be installed in the dwellings hereby approved and the details of the internal noise conditions these would achieve have been submitted to and approved in writing by the local planning authority. The development shall be undertaken and completed in accordance with the approved details before the development is first occupied.

 

Reason: In the interests of the living conditions of the future occupiers of the site, in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Development Management Document (2015), Policies DM1, DM3 and Dm8 of the Development Management Document (2015) and the guidance contained within the Design and Townscape Guide (2009).

 

16  No development other than demolition shall commence until the detailed design of the developments surface water drainage scheme, incorporating the following measures, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to the first occupation of any of the residential units hereby approved.

 

The scheme shall address the following matters:

 

a. Provide an assessment of suitability for infiltration, accounting for the presence of constraints on infiltration SuDS, drainage potential, and the potential for ground instability or contamination as a result of infiltration. The applicant needs to include evidence that infiltration testing and groundwater level monitoring have been undertaken for the site and that they are compliant with BRE365 guidance.

b. Confirmation of the existing runoff rates for the 1 in 1 year, 1 in 30 year and 1 in 100 year storm events.

c. Provide evidence demonstrating that surface water runoff retention on site has been maximised for the 1 in 100 year plus 40% climate change storm event to achieve an overall discharge from the site as close as possible to greenfield runoff rate. A robust justification of the proposed drainage arrangement should be provided if a reduced discharge rate is not considered to be feasible.

d. Provide detailed drawings of the drainage network including sizing of all SuDS features on the site, with demonstration of how the network will perform under different flood scenarios.

e. Provide a drawing to indicate how the exceedance flows will be managed and mitigated in the event of a drainage system failure or an event exceeding the 1 in 100 year plus 40% allowance for climate change storm event.

f. Provide evidence of consultation with Anglian Water regarding proposed discharge rate and connection point to be provided.

g. Provide a method statement regarding the management of surface water runoff during the construction phase of the project.

 

Reason: To ensure satisfactory drainage of the site in accordance with policy KP2 of the Core Strategy (2007) and Development Management Document (2015) policy DM2.

 

17  Notwithstanding the information submitted within the application, the development hereby approved shall not exceed 3 storeys in height and must not exceed 15.05m in height.

 

Reason:  In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area and at least preserves the setting of the adjoining heritage assets. This is as set out in the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and DM5 and the guidance contained within the Design and Townscape Guide (2009).

 

18  Notwithstanding the details shown in the plans submitted and otherwise hereby approved the development hereby granted consent shall not be occupied unless and until plans and other appropriate details are submitted to the Local Planning Authority and approved in writing which specify all windows in the proposed development that are to be permanently glazed with obscured glass and fixed shut or provided with only a fanlight opening and the manner and design in which these windows are to be implemented. Before the buildings hereby approved are occupied the development shall be implemented in full accordance with the details and specifications approved under this condition and shall be permanently retained as such thereafter.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) policy CP4, Development Management Document (2015) Policy DM1 and the Design and Townscape Guide (2009).

 

19  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015, or any order revising or re-enacting that Order with or without modification, no development shall be carried out on the new dwellinghouse within Schedule 2, Part 1, Classes A, B, D, E or F  of that Order.

 

Reason: To safeguard the character and appearance of the area and in the interest of the  residential amenity of the adjoining residents in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

 

20  No development including demolition shall be undertaken unless and until full details of tree protection measures to be provided to protect the trees to be retained on the site and nearby trees on adjoining sites that could be affected by the development have been submitted to and approved in writing by the local planning authority. The development shall be undertaken in full accordance with the approved details. The approved tree protection measures shall be retained on the site for the entire duration of the construction phase of the development.

 

Reason: This pre-commencement condition is required in the interests of visual amenity and biodiversity pursuant to Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

21  No development shall be undertaken unless and until 11 car parking spaces have been provided for the adjoining care homes in accordance with drawing number 171550-006. The 11 car parking spaces shall thereafter be permanently retained for the parking of private motor vehicles of staff,  visitors and residents of the care homes “Norton” and “Autumn” and for no other purpose.

 

Reason:  To ensure satisfactory parking is provided and retained to meet the needs of occupants, visitors and staff of the care homes and to ensure that the development satisfies the requirements of the National Planning Policy Framework (2018), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM15 and the Design and Townscape Guide (2009).

 

22  The approved access arrangement shall be completed in full accordance with the details shown on drawing number 171550-006 prior to the first occupation of any of the dwellings hereby approved and shall thereafter be retained in perpetuity.

 

Reason: To ensure adequate access arrangements are provided for the development hereby approved in accordance with the requirements of the National Planning Policy Framework (2018), Core Strategy (2007) Policy CP4, Development Management Document (2015) Policy DM15 and the Design and Townscape Guide (2009).

 

23 No development shall be undertaken unless and until an assessment has been undertaken of the potential for archaeology remaining on the site. If such remains are identified a programme of investigation should thereafter be undertaken in accordance with a written scheme of investigation which has been previously submitted to and approved in writing by the local planning authority.

 

Reason: To allow for the excavation and recording of any information of archaeological importance, pursuant to Development Management Document (2015) policy DM5

 

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

 

01  Please note that the proposed development subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). The amount of levy due will be calculated at the time the reserved matters application is submitted. Further information about CIL can be found on the Council's website at www.southend.gov.uk/cil

 

02  You should 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 other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the borough.