Proposal:  Convert first floor restaurant (Class A3) to 5 self contained flats (Class C3) and Gymnasium, erect additional floor to form three self-contained flats with associated roof terraces, erect second floor rear extension, layout parking, refuse store to rear and alter elevations

Applicant:  Cantor Properties Limited

Agent:  BGA Architects

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

01  The development hereby permitted shall begin not 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 plans: 0-001, 0-600A, 1-001, 1-002, 1-600A, 1-601A, 2-001, 2-600B

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

03  The external elevations of the building, including walls, roof, fascia, doors and windows, screens, refuse store enclosure and forecourt parking area shall only be finished in accordance with details that have been submitted to and approved beforehand in writing 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 and ensure an acceptable environment for future residents, in accordance with policies This is as set out in Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3  Southend Design and Townscape Guide (2009).  

04  Prior to their installation, detailed design drawings of the new balconies, window reveals for windows facing the street, proposed screens to the south and east elevation at roof level and  flat roof fascia detail at scales of 1:20, 1:10 or 1:1 as appropriate shall be submitted to and agreed in writing by the local planning authority. The development shall be carried out and in accordance with the approved details before it is brought into use.

Reason: To safeguard character and appearance of the existing building and the surrounding Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document  (2015) and advice contained within the Southend Design and Townscape Guide (2009).

05 The development shall not be occupied until 8 car parking spaces have been provided and made available for use at the site in accordance with drawing reference 0-600A.  The parking spaces shall be permanently retained thereafter only for the parking of occupiers of and visitors to the flats hereby approved.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policies DM15 of the Council’s Development Management Document (2015) and CP3 of the Core Strategy (2007).

06 Prior to the first occupation of the flats hereby approved, design details shall be submitted for the provision of the commercial and domestic  refuse storage and the proposed residential cycle store at the site.  The approved refuse storage shall be provided in full and made available for use by the occupants of the proposed flats and the ground floor commercial occupants prior to the first occupation of the flats hereby approved and be retained as such in perpetuity.

Reason:  To ensure the provision of adequate cycle parking and refuse storage in accordance with policy CP3 of the Core Strategy (2007) and policies DM8 and DM15 of Development Management Document (2015).

07 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 flats 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), Policy DM2 of the Development Management Document (2015) the Design and Townscape Guide (2009).

08 Prior to occupation of the flats 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 Design and Townscape Guide (2009).

09 Notwithstanding the details specified in the submitted Environmental Noise Report by Sharps Redmore reference 1616048 dated 6th August 2018, prior to the construction of the second floor residential units hereby approved, an amended acoustic report that also includes an assessment of the noise potential of the proposed gym and which includes mitigation measures for this use and in relation to the traffic noise and any other relevant sources of noise, to meet the requirements of ‘BS 8233:2014: Internal Noise Levels’ shall be submitted and agreed in writing with the local planning authority.

The development shall then be constructed in full accordance with the mitigation measures in the approved report prior to occupation of the residential units hereby approved and shall be maintained as such in perpetuity thereafter.

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

10 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 (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

11 The proposed resident’s gym shown on plan reference 1-600B shall be used as a resident’s gym ancillary to the proposed residential units hereby approved only and for no other purpose including a public gym (class D2) as a separate planning unit. The gym shall not be used outside the hours 07:00 to 23:00 Mondays to Sundays.

Reason: In the interest of the amenities of future and neighbouring 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 The proposed resident’s storage units shown on plan reference 1-600B shall only be used as resident storage ancillary to the proposed residential units hereby approved and for no other purpose.

Reason: In the interest of the amenities of future occupiers of the development in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and policies DM1 and DM3 of the Development Management Document (2015).

13  Prior to the occupation of the second floor flats, privacy screens not less than 1.7m high above terrace level shall be fitted between the amenity areas to flats 6, 7 and 8 and between the terrace to flat 6 and the  communal amenity area at second floor level. The screens shall be retained for the lifetime of the development.

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

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.

03  The applicant is advised that the future occupiers of the residential units hereby approved, will not be eligible for car parking permits for the Council's town centre car parks as these car parks are reserved for visitors to the town centre and seafront in line with Council Highways Policy.

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.