Proposal:  Demolish existing buildings, erect two semi-detached bungalows to rear of 123 Wakering Road, layout parking, bin store and cycle store

Applicant:  Mr Graham Eiles

Agent:  DK Building Designs Ltd

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

01 The development hereby permitted shall begin not later than three years of 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 plans 3406-06 rev A Sheet 1 of 3, 3406-06 rev A Sheet 2 of 3, 3406-06 rev A Sheet 3 of 3, Tree Protection Plan by Andrew Day Arboricultrual Consultancy Ltd dated 17th August 2018

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

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than the demolition and construction up to ground floor slab level shall take place until product details of the materials to be used on all the external elevations, including walls, roof, rooflights, windows and doors, porch canopy, paving, and on any screen/boundary walls and fences, driveway, forecourt or parking area have been submitted to and approved by the local planning authority.  The development shall be carried out in accordance with the approved details before it is occupied.

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

04 The first floor bathroom windows in the east and west elevations shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut up to a height of 1.7m above first floor level before the occupation of the dwelling hereby approved and shall be retained as such in perpetuity.  In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

Reason:  To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2018), Development Management Document (2015) policies DM1 and DM3, and advice contained within the Design and Townscape Guide (2009).

05  Notwithstanding the details shown on the plans submitted and  otherwise hereby approved, no construction works other than the demolition and construction up to ground floor slab level shall take place 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.  The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development, unless otherwise agreed in writing by the local  planning  authority.  The details submitted shall include, but not limited to:-

i  proposed finished site levels or contours; 

ii.  means of enclosure, of the site including any gates or boundary fencing including any retention of all or part of the wall within the site which bounds the rear gardens of Picasso Way properties and in the event of retention of any part of the fabric of that wall, the proposed finished condition of the retained wall ; 

iii.  car parking layouts; 

iv.  other vehicle and pedestrian access and circulation areas; 

v.  hard surfacing materials; 

vi.  minor  artefacts  and  structures  (e.g.  street  furniture,  loggia,  bollards,  play equipment, refuse or other storage units, signs, lighting, etc.);

vii. details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification

viii.. details of measures to enhance biodiversity within the site;

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

Reason:  In  the  interests  of  visual  amenity  of  the  area  and  the  amenities  of occupiers and to ensure a satisfactory standard of landscaping in accordance with  the  National  Planning  Policy  Framework  (2018),  Policy  DM1  of  the Development  Management  Document  (2015)   and  Policy  CP4  of  the  Core Strategy (2007).

06 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than the demolition and construction of foundations shall take place until details a scheme for surface water drainage works (incorporating Sustainable Urban Drainage (SuDs) Principles) have been submitted to and approved by the local planning authority. The approved scheme shall be implemented,  in accordance with the approved details before the development is occupied or brought into use and be maintained as such thereafter in perpetuity. Those details shall include:

i)   An investigation of the feasibility of infiltration SUDS as the preferred approach to establish if the principles of any infiltration based surface water drainage strategy are achievable across the site, based on ground conditions.  Infiltration or soakaway tests should be provided which fully adhere to BRE365 guidance to demonstrate this.  Infiltration features should be included where infiltration rates allow; 

ii)  Drainage plans and drawings showing the proposed locations and dimensions of all aspects of the proposed surface water management scheme.  The submitted plans should demonstrate the proposed drainage layout will perform as intended based on the topography of the site and the location of the proposed surface water management features; and

iii)   a timetable for its implementation;

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 Policy KP2 and CP4 of the Core Strategy (2007) and  Policy DM2 of the Development Management Document  (2015).

07 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that Order with or without modification, no development shall be carried out at the development hereby approved specified within Schedule 2, Part 1, Classes A, B, C, D, E and F of the Town and Country Planning (General Permitted Development) Order 2015 without the prior receipt of express planning permission in writing from the Local Planning Authority.

Reason:  To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and the Southend Design and Townscape Guide (2009).

08 The four car parking spaces and the associated vehicular access for the spaces to and from the public highway, shown on approved plan 3410-06 Rev A Sheet 3 of 3 shall be provided at the site prior to the first occupation of the dwelling hereby approved. The car parking spaces and the associated vehicular accesses to and from the public highway shall thereafter be permanently retained for the parking of vehicles and the accessing of the car parking spaces in connection with the dwelling hereby approved.

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 (2018), Core Strategy (2007) policy CP3, Development Management Document (2015) policy DM15  and the Southend Design and Townscape Guide (2009). 

09 The protection measures as set out in the Arboricultural Report by Andrew Day Arboricultural Consultancy dated 17th August 2018, in relation to the copper beech tree to the front covered by TPO 06/2006, shall be implemented in full prior to commencement of the development and be retained throughout construction unless otherwise agreed in writing with the local planning authority. The mitigation measures in relation to construction within the root protection area of TPO 06/2006  set out in this report shall also be implemented in full including supervision of works by a qualified arboriculturalist.

Reason: A pre commencement condition is justified to ensure the copper beech tree to the south east corner of the site is adequately protected during building works in the interests of visual amenity and in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).

10 Prior to occupation of the dwellings 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 not more than 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 development and thereafter 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 (2018), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice contained within the Southend Design and Townscape Guide (2009).

11 A scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of the development and implemented in full in accordance with the approved details prior to the first occupation of the dwellings. 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 (2018), Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM2 and the Southend Design and Townscape Guide(2009).

12 The development hereby approved shall be carried out in a manner to ensure the dwellinghouses comply with building regulation M4 (2) ‘accessible and adaptable dwellings’ before they are occupied.

Reason: To ensure the residential units hereby approved provide high quality and flexible internal layouts to meet the changing needs of residents in accordance with National Planning Policy Framework (2018), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM8 and the advice contained in the Southend Design and Townscape Guide (2009).

13  Construction Hours shall be restricted to 8am – 6pm Monday to Friday, 8am - 1pm Saturday and not at all on Sundays or Bank Holidays.

Reason: In the interests of the amenities of neighbours and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

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  Please note that the development the subject of this application is liable for a charge under the Community Infrastructure Levy Regulations 2010 (as amended). A Community Infrastructure Levy (CIL) Liability Notice will be issued as soon as practicable following this decision notice. This contains details including the chargeable amount, when this is payable and when and how exemption or relief on the charge can be sought. You are advised that a CIL Commencement Notice (CIL Form 6) must be received by the Council at least one day before commencement of development. Receipt of this notice will be acknowledged by the Council. Please ensure that you have received both a CIL Liability Notice and acknowledgement of your CIL Commencement Notice before development is commenced. Most claims for CIL relief or exemption must be sought from and approved by the Council prior to commencement of the development. Charges and surcharges may apply, and exemption or relief could be withdrawn if you fail to meet statutory requirements relating to CIL. Further details on CIL matters 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.