Proposal: Erect 217 self-contained flats comprising of part 13/part 15 storey building fronting Victoria Avenue and part 2 to part 12 storeys to rear with balconies to all elevations, roof terraces at second, eighth, ninth, eleventh and twelfth floors to rear, form commercial units (Use Classes A1, A2, A3 and A4) at ground floor level, layout 172 parking spaces at ground and first floor car park and cycle storage to rear, install vehicular accesses on to Victoria Avenue, form loading bays, alterations to highway, public realm alterations and associated landscaping (amended proposal).

Applicant: Weston Homes Plc and Mapeley Steps Ltd

Agent: n/a

 

Resolved:

 

(a)  That PLANNING PERMISSION be GRANTED subject to completion a PLANNING AGREEMENT under section 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to secure the following:

 

• 22 units of affordable housing (14 x 1 bed and 8 x 2 bed)  all of which constitute shared ownership and an affordable housing review mechanism.

• £145,432.29  contribution towards secondary education

• Costs associated with any Traffic Regulation Order deemed necessary in association with the highway works and costs associated with providing loading bays.

• The provision of Travel Packs for residents and commercial operators and Travel Plan Monitoring.

• £10,850 towards biodiversity mitigation, management, protection or education.

• Costs associated with public realm works on the highway to the front of the site, including the provision of visitor cycle racks within the highway and securing public access to the northern side of the site.

 

(b) The Director of Planning and Transport or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above obligation, so long as planning permission when granted and the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

 

01  The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

 

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

 

02  The development shall be carried solely out in accordance with the approved plans:  AA7218-2000-RevA, AA7218-2001-RevA, AA7218-2010-RevA, AA7218-2011-RevA, AA7218-2100-RevA, AA7218-2101-RevB, AA7218-2102-RevB, AA7218-2103-RevB, AA7218-2104-RevA, AA7218-2105-RevA, AA7218-2106-RevA, AA7218-2107-RevA, AA7218-2108-RevA, AA7218-2109-RevA, AA7218-2110-RevB, AA7218-2111-RevB, AA7218-2112-RevB, AA7218-2113-RevB, AA7218-2114-RevB, AA7218-2115-RevA, AA7218-2200-RevA, AA7218-2201-RevA, AA7218-2210-RevA, AA7218-2211-RevA, AA7218-2220-RevA, AA7218-2221-RevA, AA7218-2222-RevA, AA7218-2223-RevA, AA7218-2224-RevA, AA7218-2225-RevA, AA7218-2226-RevA, AA7218-2240-RevA, AA7218-2241-RevA, AA7218-2242-RevA, AA7218-2243-RevA, AA7218-2300-RevA, AA7218-2301-RevA, AA7218-2302-RevA, AA7218-2304-RevA, AA7218-2305-RevA, AA7218- 2306-RevA, AA7218-2307-RevA, AA7218-2320-RevA, AA7218-2340-RevA, AA7218-2341-RevA, AA7218-2342-RevA, AA7218-2343-RevA, AA7218-2345-RevA, AA7218-2346-RevA, AA7218-2347-RevA, AA7218-2348-RevA, AA7218-2349-RevA, AA7218-2350-RevA, AA7218-2351-RevA, AA7218-2552, AA7218-2353, AA7218-2360-RevA, WH189/18/15.02 (Surface Water Drainage Strategy), 2785-SK-08-RevC, 21110se-01 

 

Reason: To ensure 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 above the ground floor slab level shall take place until product details and samples of the materials to be used in the construction of the external elevations of the building hereby permitted, including roofs, cladding, balconies, balustrades, windows and doors and shopfronts  have been submitted to and approved in writing by the local planning authority. The development shall be finished in the approved facing brickwork Red: Freshfield Lane- Selected Light, Grey/Brown: Weinberger  - Pagus Grey and Black: Weinberger  - Graphite Black or any other brick details subsequently submitted to and approved in writing by the local planning authority. The development shall be carried out and completed only in full accordance with the approved details.

 

Reason: To safeguard character and appearance of the area and amenities of neighbouring occupiers in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

04  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above 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 to the roof top terrace areas; 

iii.  other vehicle and pedestrian access and circulation areas; 

iv.  hard surfacing materials; 

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

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

vii. details of measures to enhance biodiversity within the site as recommended in the submitted ecology report;

viii. details of the proposed green wall to the car park elevations and the proposed brown and green roofs including cross sections and planting details as appropriate

ix. landscaping management plan to be implemented for a minimum of 5 years

x. location and design of visitor cycle parking

 

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. The proposed landscape strategy shall include the ecology recommendations as set out in Section 7 of the Ecological Assessment by Ecology Solutions reference 7742.EcoAs.dv3 dated April 2018.

 

Reason: To safeguard character and appearance of surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

05  The development shall not be occupied until 174 car parking spaces, of which 22 shall be for disabled users, have been provided at the site and made available for use solely for occupiers of the residential units hereby approved and their visitors all in accordance with drawings AA7218-2100RevA and AA7218-2101RevB together with properly constructed vehicular accesses to the adjoining highway, all in accordance with the approved plans. The parking spaces shall be permanently retained thereafter for the parking of occupiers of and visitors to the development.

 

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

 

06  Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above slab level shall take place until full detailed design drawings of the entrance and shopfront bays, window reveals, balconies and Juliette balconies, brick and stone work detailing and shopfronts including approach to signage at appropriate scales 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: In the interest of the visual amenities and character of the area, and to protect the amenities of surrounding occupiers in accordance with Policies  KP2 and CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

07  The development shall not be occupied until the 218 secure, covered cycle parking spaces to serve the development as shown on drawing AA7218-2100RevA have been provided at the site and made available for use in full accordance with the approved plans by occupiers of the residential units hereby approved and their visitors. The approved scheme shall be permanently retained thereafter. 

 

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

 

08  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) Provide a method statement regarding the management of surface water runoff arising during the construction phase of the project.

 

Reason: In the interests of visual amenity and the amenities of occupiers 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).

 

09  Prior to the occupation of the development the 65025kwh array of photovoltaic panels as shown on drawings reference AA7218-2115RevA and  AA7218-2114RevA and detailed in the Energy and Sustainability Report by Stansted Environmental Services reference ENV001-VICT-055  shall be installed at the site and be operational and shall be permanently retained thereafter.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

10  Before any of the residential units hereby approved are first occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that 10% (22) of the flats hereby approved comply with building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 195 flats comply with building regulation standards part M4(2) ‘accessible and adaptable dwellings upon occupation.

 

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 DM2 and the Design and Townscape Guide (2009).

 

11  Prior to occupation of the development hereby approved details of the water efficient design measures set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to 105 litres per person  per  day  (lpd)  (110  lpd  when  including  external  water  consumption), including measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details before it is first occupied and shall be retained as such 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 the Design and Townscape Guide (2009).

 

12  Notwithstanding the details shown in the plans submitted and otherwise hereby approved, the development hereby granted consent shall not be occupied or brought into use unless and until plans are submitted to the Local Planning Authority and approved in writing which clearly specify all the windows and other openings in the development that are to be permanently glazed with obscured glass and fixed shut or provided with only a fanlight (or other similar) opening and the manner and design in which these windows and openings are to be implemented. The development hereby permitted shall be implemented in full accordance with the details approved under this condition before it is first occupied or brought into use and shall be permanently retained as such thereafter. The windows included within such agreed scheme shall be glazed in obscure glass which is at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority. Top hung lights agreed within such scheme shall be a minimum of 1.7 metres above internal floor level. 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. The windows shall be retained in accordance with the agreed details in perpetuity thereafter.

 

Reason: To avoid overlooking and the resultant loss of privacy of the adjoining residential properties, in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) Policies KP2 and CP4, and Development Management Document (2015) Policy DM1 and advice contained within the Design and Townscape Guide (2009).

 

13  With the exception of below ground investigation work and removal of the previous structures on site, no development shall take place until and unless the following details have been submitted and approved in writing by the local planning authority.

 

A.  An instructive investigation (Phase II Site Investigation) must be undertaken in order to quantify the risks identified by the Phase 1 Site Investigation. The investigation must be undertaken in accordance with the scope of work outlined in the Phase 1 Desk Study and Preliminary Risk Assessment 27 Victoria Avenue by Stansted Environmental Service Ltd reference CON001-VICT-055. The Phase II report must be submitted to the Local planning authority for approval. The assessment must be undertaken by a competent person in accordance with British Standards 10175:2011 (Investigation of potentially contaminated sites – Code of Practice) and the Environment Agency/DEFRA ‘Model Procedures for the Management of Land Contamination.

 

B.  Where the Phase II Investigation Report identifies any unacceptable risk or risks, a detailed Site Remediation Strategy to deal with land contamination and /or pollution of controlled waters affecting the site shall be submitted and approved by the local planning authority.  With the exception of below ground investigation work and removal of the previous structures on site, no development shall take place until and unless this Site Remediation Strategy has been approved in writing by the local planning authority.

 

C.  The site shall be remediated in accordance with the approved Site Remediation Strategy before the construction of the development hereby approved begins. A Validation Report for the Site Remediation Strategy shall be submitted to, and agreed in writing by the local planning authority before completion of the development or occupation of the premises (whichever comes first).

 

D.  If, during the development, land contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further works shall be carried out until a method statement detailing a scheme for dealing with suspect contamination has been submitted to and agreed in writing with the Local Planning Authority

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

14  All the noise mitigation measures outlined in the Environmental Noise Assessment Report No. ENV1-VICT-055 of 15th November 2018 to protect future residents of the building from the impact of vehicular noise along Victoria Avenue and the surrounding area including the railway activity must be implemented in their entirety prior to occupation of any of the residential units hereby approved to achieve an internal noise level of no greater than 30dB and the approved measures implemented shall be maintained in perpetuity.

 

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).

 

15  The development shall be undertaken and thereafter managed in perpetuity in strict accordance with the approved Car Park Management Strategy by Weston Homes dated November 2018 and the Recycling / Waste Management Strategy dated November 2018 or any other car park management and waste strategy that has been previously submitted to and approved in writing by the local planning authority. 

 

Reason:  To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and  Policy DM15 of the Development Management Document (2015).

 

16  No extraction or ventilation equipment for the proposed non-residential uses hereby approved shall be installed until and unless full details of its location, design and technical specifications and a report detailing any mitigation measures proposed in respect of noise and odour impacts has been submitted to, and approved in writing by, the Local Planning Authority. The installation of extraction equipment shall be carried out in full accordance with the approved details and specifications and any noise and odour mitigation measures undertaken in association with the agreed details before the extraction and ventilation equipment is brought into use. With reference to British Standards BS4142 the noise rating level arising from all plant and extraction/ventilation equipment shall be at least 5dbB(A) below the prevailing background at 3.5 metres from the ground floor facades and 1m from all other facades of the nearest noise sensitive property with no tonal or impulsive character.

 

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

17  The rating level of noise for internal activities (including amplified and unamplified music and human voices) at the site shall be at least 10dB(A) below the background noise level to ensure inaudibility in the nearest noise sensitive 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 shall be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics.

 

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

18  Prior to commencement of construction of the development hereby approved, in accordance with the SuDS Drainage Assessment (Document Ref: WH189 Revision C ,Victoria Avenue, November 2018) detailed design of a surface water drainage scheme incorporating the following measures shall be submitted to and agreed with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme will be implemented prior to the first occupation of the development. The scheme shall address the following matters:

 

a.  Provide an assessment of suitability for infiltration, accounting for the presence of constraints on infiltration SuDS, drainage potential, and the potential for ground instability or contamination as a result of infiltration. The applicant needs to include evidence that infiltration testing has been undertaken for the site and that they are compliant with BRE365 guidance. If infiltration is found to be viable an updated drainage strategy should be submitted along with information in relation to the potential for ground instability or deterioration in groundwater quality as a result of infiltration.

 

b.  Provide MicroDrainage calculations to demonstrate the hydraulic performance of the entire network, including the proposed pipe network, for the 1 in 1 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus 40% climate change, demonstrating that the maximum overall discharge from the site will be limited to greenfield runoff rate.

 

c.  Provide an updated drainage layout plan indicating the dimensions and storage volumes for all features, pipe sizes and gradients, manhole cover and invert levels, proposed discharge rates, flow controls and final discharge connection in accordance with the submitted calculations. Engineering plans should be provided for each of the SuDS and critical drainage elements, including the flow control features.

 

d.  Provide information on the provision of drainage for large storm events, including protection for SuDS systems. This should include clarification on the proposed mitigation measures to prevent exceedance flood water from the car park area affecting the utility areas which have their proposed finished flood levels at the same level as the car park.

 

e.  Provide evidence of consent from Anglian Water to discharge at the proposed rate and connection point.

 

f.  Provide a site specific maintenance plan.

    

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 area in accordance with policies  KP2 and CP4 of the Core Strategy (2007) and  Policy DM2 of the Development Management Document (2015).

 

19  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).

 

20  Prior to occupation of the development hereby approved details of the number and location of electric car charging points to be installed in the car park shall be submitted to and approved in writing by the local planning authority. The agreed details shall then be implemented in full accordance with the details approved under this condition before the residential units hereby approved are occupied and be maintained as such in perpetuity thereafter.

 

Reason: In the interests of providing sustainable transport choices in accordance with Policy KP2 of the Core Strategy (2007) and Development Management Document (2015) Policy DM2.

 

21  The non-residential units hereby approved shall not be open for customers outside the following hours: - 0700 hours to 2200 hours on any day.

 

Reason:  To  protect  residential  amenity  and  general  environmental quality in accordance with the National Planning Policy Framework, Core  Strategy (2007)  Policies KP2  and  CP4,  and  Policies DM1 and DM3 of the Development Management Document (2015).

 

22  Details of the external lighting to be installed in the development hereby approved shall be submitted to and approved in writing by the local planning authority before any part of the development is first occupied or brought into use.  Development shall be carried out in accordance with those approved details before the development is occupied or brought into use.

 

Reason: In the interest of the safety and amenities of the area, and to protect the amenities of surrounding occupiers in accordance with policies  KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

23  Notwithstanding the provisions of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any revocation, amendment or adaptation of this legislation of for the time being may be in force, the commercial floorspace hereby approved shall be used only for purposes falling within Classes A1, A2, A3, or A4 of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force). 

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and amenities of the area in accordance with Policies CP1, KP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM11 and DM3 of the Development Management Document  (2015).

 

24  There shall be no use of the frontage for outdoor seating or dining in relation to the commercial units between the hours of 22:30 and 08:30 each day.

 

Reason: In order to protect the amenities of occupiers of the development and surrounding occupiers in accordance with policies KP2 and CP4 of the Core Strategy (207) and Policies DM1 and DM3 of the Development Management Document  (2015).

 

25  The development shall not be occupied until the commercial and residential refuse stores that serve the development as shown on drawing AA7218-2100RevA have been provided at the site  in full accordance with the approved plans and made available for use by occupiers of the residential and commercial units hereby approved. The approved scheme shall be permanently retained for the storage of waste and recycling thereafter. 

 

Reason: To ensure that adequate refuse and recycling storage is provided and retained to serve the development in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM8 and DM15 of the Development Management Document (2015).

 

26  The development shall not be occupied until details of the 3 secure, covered cycle parking spaces to serve the commercial element of the development hereby approved have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with those approved details before the development is occupied or brought into use. The approved scheme shall be permanently retained for cycle storage thereafter. 

 

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

 

27  Notwithstanding the provisions of the Town and Country Planning Advertisement Regulations (2007) and the Town and Country Planning General Permitted Development Order (2015) as amended or any orders or acts revoking or amending these orders, the existing shopfront windows in the building shall remain clear glazed and shall not be obscured (including through advertisements, vinyls or any other structures, operations or internal or external works) without the receipt of the prior written consent of the Local Planning Authority.

 

Reason: To maintain the vitality and viability of the town centre and to safeguard the character and appearance of the development in accordance with  policies KP2 and CP4 of the Core Strategy (2007), Policy PA8 of the Southend Central Area Action Plan (2018) and Policy DM1 of the Development Management Document (2015).

 

28  Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) the following operations shall not be undertaken without the receipt of prior specific express planning permission in writing from the Local Planning Authority on the building hereby approved:

 

A.  The installation of any structures or apparatus for purposes relating to telecommunications on any part the roof of the buildings hereby approved, including any structures or development otherwise permitted under Part 16 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any equivalent Order amending, revoking or re-enacting that Order

 

Reason: To ensure that the development does not impact adversely on the townscape and character of the area and to ensure the Local Planning Authority can control the development in the area so that it accords 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).

 

(c)  In the event that the planning obligation referred to in part (a) above has not been completed by 21st  February 2019 (or an extension of this time as may be agreed by the Director of Planning and Transport or Group Manager Planning & Building Control), the Director of Planning and Transport or Group Manager of Planning and Building Control be authorised to refuse planning permission for the application on the grounds that the development would not provide for affordable housing, highway works, travel packs, biodiversity mitigation or education provision and that as such the proposal would be unacceptable and contrary to Policies KP2, KP3, CP3, CP6 and CP8 of the Core Strategy (2007) and Policies DM1, DM3, DM7 and DM15 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.

 

03  The applicant is advised that if a crane or piling rig is required to construct the proposed development, this will need to be safeguarded by the Airport Authority independent of this permission. Please note that this may be restricted in height and may also require full coordination with the Airport Authority dependant on location. Any crane applications should be directed to sam.petrie@southendairport.com / 01702 538521.

 

04  Due to the nature of the site with residential dwellings nearby this site will require a COPA 1974 (Sec 61) Agreement   with Southend Borough Council before Construction can begin. Please contact the Regulatory Services Group on 01702 215005.

 

05  This permission is governed by a legal agreement between the applicant and the Borough Council under Section 106 of the Town and Country Planning Act 1990. The agreement relates to a financial contribution towards affordable housing, secondary education and biodiversity mitigation, management protection and education.

 

06  The works to existing highway will require a Section 278 agreement or Highways Licence.

 

07  The applicant is reminded that this permission does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. The provisions apply to the construction phase and not solely to the operation of the completed development. Contact 01702 215005 for more information.

 

08  The applicant is advised that due to the presence of Cadent and/or National Grid apparatus in proximity to the specified area, the contractor should contact Cadent Plant Protection Team on plantprotection@cadentgas.com or Tel 0800688588 before any works are carried out to ensure the apparatus is not affected by any of the proposed works.

 

09  The applicant is advised that separate advertisement consent is likely to be required for any signage for the development. This must be obtained prior to installation of the signage.