Proposal: Application to vary condition 2 (approved plans) to amend the west roof pitch, the windows and doors to the north elevation, add a dormer window to the north roof, amend railings to the balcony to match existing and add a conservation roof light to the south roof pitch (minor material amendments to planning permission 96/0365 dated 29th November 1996).

Applicant: Mr S. Ezra

Agent: GLS Architects

Resolved:

01 - That the Deputy Chief Executive (Place), Director of Planning and Transport or the Group Manager of Planning be DELEGATED TO REFUSE, subject to expiry of the press notice consultation and not receiving any further representations on matters not already taken into account in the Development Control Committee resolution for the following reason:

The proposed development, by virtue of the scale and form of key architectural features would be harmful to the appearance of the building and street scene, and to the character and appearance of the Leigh Conservation Area. There would be no public benefits of sufficient weight to overcome the less than substantial harm that would result. The proposal is therefore contrary to the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3, and DM5 of the Southend-on-Sea Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

02 - That ENFORCEMENT ACTION be AUTHORISED for the following reasons:

To authorise planning enforcement action to require a) the reduction in height of the turret so as to accord with the planning approval under reference 96/0365 and b) remove the front gable window so as to accord with the planning approval under reference 96/0365 and c) unless the evidence available demonstrates, on the balance of probability, that their installation was completed more than four years ago or that they are otherwise an authorised development, to remove all upvc windows in the dwelling’s rear elevation and d) remove of all rubble, materials and equipment associated with  complying  with  the  notice,  on  the  grounds  that  the  development  that  has occurred  is  of  a  form  that  causes  harm  to  the  character  and  appearance  of  the building  and  the  significance  of  the  conservation  area  with  no  public  benefits  of sufficient  weight  to  overcome  the  harm  caused.  The  development  is  therefore contrary to the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3, and DM5 of the Southend-on-Sea  Development  Management  Document  (2015)  and  the  advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

When serving the Enforcement Notice the Local Planning Authority must ensure a reasonable period for compliance. It is considered that a six month compliance period for the modification of the dwelling is reasonable in these circumstances.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action.

Informatives

You are advised that as the proposed alterations equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action.