Proposal:  Erect three dwellinghouses, layout parking to front and form vehicular accesses on to Underwood Square (Amended Proposal)

Applicant:  Mr G Newton

Agent:  SKArchitects

 

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 385P01A, 385P02B, 385P03C, 385P04, 385P06, 385P07, 16025 (Measured topological survey April 2016), DFCP 3950 TPP (tree protection plan BY Bionomique Ltd dated 17.8.18)

 

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 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, fascia and soffits. rooflights, windows and doors, dormer windows, porch canopy, boundary walls and fences, driveway, paving including parking area have been submitted to and approved by the local planning authority.  The development shall only be carried out in accordance with the approved details.

 

Reason: To safeguard the visual amenities of the area, in accordance with policies This is as set out in the National Planning Policy Framework (2018) 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 and second floor windows and rooflights in the north and south elevations of the proposed dwellings 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 dwellings 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 proposed and neighbouring residential properties, in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) policy CP4, Development Management DPD (2015) policy DM1, 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 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; 

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 pursuant to Policy DM1 of the Development Management Document (2015)  and Policy CP4 of the Core Strategy (2007)

 

06 No drainage infrastructure associated with this development shall be installed until details of the design implementation; maintenance and management of 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; 

iii)   a timetable for its implementation; and

iv) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

 

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 the National Planning Policy Framework (2018), 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, D, E and F of the Town and Country Planning (General Permitted Development) Order 2015 without the 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) Policy DM1 and the Southend Design and Townscape Guide (2009).

 

08 The six car parking spaces and the associated vehicular access for the spaces to and from the public highway, shown on approved plan 385P03C shall be provided at the site prior to the first occupation of the dwellings 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 dwellings 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 KP2, Development Management Document (2015) policy DM15 and the Southend Design and Townscape Guide (2009). 

 

 

09 The tree protection measures as set out in the Arboricultural Report by D F Clarke Bionomique Ltd dated 17.8.18 and associated tree protection plan reference DFCP 3950 TPP, in relation to the Liquidambar street tree to the front, the oaks at 51 Lime Avenue and the preserved oak trees to the rear covered by TPO 4/1972, 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 areas of the liquidambar street tree and oaks within 51 Lime Avenue set out in the  Arboricultural Report shall also be implemented in full during the construction works including supervision of works by a qualified arboriculturalist.

 

Reason: A pre commencement condition is justified to ensure the trees on and close to the site  are 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, agreed in writing by the Local Planning Authority 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 each of the dwellinghouses comply with building regulation M4 (2) ‘accessible and adaptable dwellings’ before it is occupied.

 

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) policy KP2, Development Management Document (2015) policy DM8 and the advice contained in the Southend Design and Townscape Guide (2009).

 

13 Prior to the commencement of development, a full Phase 1 Habitat Survey of this site and a scheme of any relevant biodiversity mitigation measures to be implemented in association with the development and a timescale for their implementation shall be submitted to the local planning authority and approved in writing. Any mitigation measures set out in the agreed report shall be implemented in full unless otherwise agreed in writing with the local planning authority.

 

Reason: A pre commencement condition is justified to ensure any protected species and habitats utilising the site are adequately protected during building works in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM2.

 

14 No development shall take place, including any works of demolition, 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 in full throughout the construction period. The Statement shall provide, amongst other things, 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 

v)  measures to control the emission of dust and dirt during construction

vi)  a scheme for recycling/disposing of waste resulting from demolition and construction works that does not allow for the burning of waste on site.

vii) a detailed timetable for the supervision of works by a qualified arboriculturalist.

 

Reason: A pre commencement condition is justified in the interests of visual amenity and the amenities of neighbours and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

15 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 visual amenity and the amenities of neighbours and to ensure a satisfactory standard of landscaping pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

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.

 

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.

 

03 The applicant is reminded that they are required to adhere to the Conservation (Natural Habitats &c.) (Amendment) Regulations 2007 and the Wildlife and Countryside Act (1981) in relation to development works close to protected species including badgers and bats. A Protected Species Licence may be required. 

 

04 The applicant is advised to contact the owners of 51 Lime Avenue before undertaking any works to the oaks trees T19 and T20 (as identified in the submitted arboricultural report) so that a scope of works can be jointly agreed.

 

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.