Proposal:  Demolish existing cafe building and erect single storey building to be used as Restaurant/Cafe (Class A3)

Applicant:  Mr F Bala

Agent:  Mr Gary Horrigan

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

01 The development hereby permitted shall be retained in accordance with the following approved plans: Site Location Plan, 1055/1 A.

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

02  Notwithstanding the approved plans, no development shall commence other than demolition and construction up to ground floor slab level unless and until details of all external materials including finishes to walls, window frames and glazing have been submitted to and approved in writing by the local planning authority. Only the approved details shall be implemented as part of the development.

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

03  The premises shall not be open for business outside the following hours: 08:00 to 18:00 hours Monday to Sunday.

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

04  The development hereby approved, for purposes falling within Class A3, shall only be occupied as a café only as applied for, and shall not be used for any other purpose, including any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting these Orders, with or without modification.

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to retain control of the use of the floor space within the Use Class specified so that occupation of the premises does not prejudice amenity, in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policy DM3 of the Southend-on-Sea Development Management Document (2015).

05  External extraction and ventilation equipment shall only be erected on the development in accordance with details that have previously been submitted to and agreed in writing by the local planning authority.

Reason: To safeguard the visual amenities of the area, in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

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

01  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.

02  A separate planning permission would be required for any external alterations to the approved building, including fume extraction equipment.