Proposal: Erect first floor rear extension and second floor extension to form additional restaurant and ancillary storage space, and roof terrace to front, relocate associated roof-mounted equipment including installation of extract flue to roof, and erect replacement external staircase and associated elevation alterations.

Applicant: Henry Burgers

Agent: More Space Architecture ltd

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 is hereby permitted in accordance with the following approved plans: 18-030 202 00 Location Plan, 18-030 201 08 Existing and Proposed Elevations and Site Plan, 030 200 07 Existing and Proposed Floor Plans, 18-030 204 01 bin storage detail.

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

03. The rooftop extension and rooftop terrace shall not be used by customers unless and until obscured glass has been installed to the south-facing second floor window to the glazed balustrade / glass screen to the south elevation of the rooftop terrace, in accordance with details to have been previously submitted to and agreed in writing by the local planning authority. The glass shall 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 shall be retained as such in perpetuity thereafter.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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 second-floor external terrace hereby approved shall not be open for customers outside the following hours: 10:00 hours and 21:00 hours Monday to Sundays including Bank Holidays.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

05. No music or amplified sound shall be played on the second-floor external terrace at any time.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

06. Notwithstanding details shown on the submitted plans otherwise hereby approved, no development beyond the erection of a structural framework for the extension hereby approved shall take place until details of an acoustic lobbied entrance to the top floor outdoor seating area have been submitted to and approved by the local planning authority. The approved details shall be implemented in full as part of the development prior to first occupation of the second-floor external terrace. The lobby shall be of an adequate size and to ensure that the outer door can be closed before the inner door is opened.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

07. No development beyond the erection of a structural framework for the extension hereby approved shall take place until samples and specifications of the materials, including details of colour, to be used on all the external elevations of the development have been submitted to and approved by the local planning authority. The development shall be carried out in accordance with the approved details before the extension is first occupied.

Reason: In the interests of visual amenity and to ensure that the appearance of the buildings makes a positive contribution to the character and appearance of the area.  This is as set out in 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).

08. The proposed rear staircase shall be used for staff access and egress purposes only or for emergency purposes, and shall not be used as a place to linger or sit out at any time.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

09. Notwithstanding details shown on the submitted plans and otherwise hereby approved, waste storage management and collection arrangements shall be carried out only in accordance with a waste management plan, that has been submitted to and agreed in writing with the local planning authority prior to first occupation of the extension hereby approved. The submitted details shall include specifications, siting of waste containers and associated machinery (compactors, crushers and balers), and details of collection arrangements including frequency, location and means of enclosure. Waste shall thereafter be stored and managed in accordance with the plan as agreed, unless otherwise agreed in writing by the local planning authority.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

10. Operation of waste compaction, crushing and baling equipment at the site shall be limited to between the hours of 09.00 to 18.00 only and shall not operate outside of these times on any day.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

11. Prior to the occupation of the extension hereby approved, extraction and ventilation equipment shall be installed on the premises in accordance with details that have been previously been submitted to the Local Planning Authority and approved in writing. All extraction and ventilation equipment installed in association with these works shall terminate at least one metre above the roof of the premises and shall be free from any obstruction such as a cowl, cap or any other deflection at its termination point.

Reason: In order to protect the amenities of nearby occupiers in accordance 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).

12. The rating level of noise for all plant, extraction and ventilation equipment installed in association with this consent determined by the procedures in BS4142:2014, shall be at least 5dB(A) below the background noise level with no tonal elements. If there are tonal elements they shall be at least 10db below background noise level. Details of how this standard will be met shall be submitted to the local planning authority and approved in wrting prior to the development being brought into use. The LA90 in assessing any such impacts shall be determined according to the guidance in BS4142:2014 at 3.5m from ground floor facades and 1m from all facades above ground floor level to residential premises.

Reason: In order to protect the amenities of nearby existing and future occupiers in accordance 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).

13. The rating level of noise for all activities at the enlarged premises (including amplified and unamplified music and human voices) shall be at least 10dB(A) below the background noise to ensure inaudibility in noise sensitive premises. Details of how this standard will be met shall be submitted to the local planning authority and approved in writing prior to the development being brought into use. The LA90 in assessing any such impacts shall be determined according to the guidance in BS4142:2014 at 3.5m from ground floor facades and 1m from all facades above ground floor level to residential premises. If noise modelling software is used to calculate the likely levels or impact of the noise then any actual measurement taken such as LA90 must be taken in accordance with BS7445. The assessment should be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics.

Reason: In order to protect the amenities of nearby existing and future occupiers in accordance 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).

14.Prior to the installation of any external lighting at the site, details of the external lighting, including times of operation, shall be submitted to and agreed in writing by the local planning authority. The lighting shall only be implemented in accordance with the approved details. External lighting shall be directed, sited and screened so as not to cause detrimental intrusion of light into residential property. The details submitted shall include an assessment using the Institution of Lighting Engineers Guidance Note for the Reduction of Obtrusive Light.

Reason: To secure a high standard of development and to protect the environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (NPPF), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the advice contained within the Design and Townscape Guide (2009).

15.The premises shall not be open for customers outside the following hours: Monday to Sunday 10:00 to 23:30.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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).

16.Notwithstanding the details shown on the information submitted and otherwise hereby approved, the development hereby permitted shall not be occupied unless and until full details of any mitigation measures to be used in relation to potential odour impacts have been submitted to and approved in writing by the local planning authority. The mitigation measures hereby approved shall be implemented in full accordance with the details approved under this condition before the extensions are first brought into use and be maintained as such in perpetuity thereafter.

Reason: To protect the environment of people in neighbouring properties and general environmental quality. This is 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 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.