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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.

The development shall be carried out in accordance with the approved plans: P1808_019-PL-001-A, PL1808_019-002-A, P1808_019-PL-003-B, P1808_019-PL-007-B, P1808_019-PL-004-A, P1808_019-PL-005-A, P1808_019-PL-006-B.

Reason: To ensure the development is carried out in accordance with the development plan.

Notwithstanding the information submitted with the application, no development shall be undertaken unless and until details of the tree protection measures to be used in relation to the street tree to the west of the site in Progress Road have been submitted to and approved in writing by the local planning authority. The agreed tree protection measures shall be in place before the development is commenced and the development shall be carried out only in full accordance with the approved tree protection measures.

Reason: This pre-commencement condition is needed to safeguard the character and appearance of the surrounding area in accordance with policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

The data centre electrical equipment to be installed as part of the approved development shall be located at a level no lower than 29.30m AOD (above ordnance datum).

Reason: To ensure the approved development is safe and does not increase flood risk elsewhere in accordance with National Planning Policy Framework (2019) and Core Strategy Policies KP1, KP2 and KP3.

Prior to the first use of the development hereby approved, details shall be submitted to and approved in writing by the local planning authority identifying the provision of covered and secure cycle parking for a minimum of 2 cycles. The approved cycle parking facilities shall be provided in full and made available for use by the users of the site prior to the first use of the development hereby approved and shall be retained as such in perpetuity.

Reason:  To ensure the provision of adequate cycle parking in accordance with Policies DM3, DM8 and DM15 of Development Management Document.

Hours of construction works associated with this consent shall be 8am - 6pm Monday to Friday, 8am - 1pm Saturday. No works shall be carried out on Sundays or Bank Holidays.

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) policies DM1 and DM3 and The Design and Townscape Guide (2009). 

Notwithstanding the information submitted, no development above ground level shall be undertaken until full details of colour and detailing of the fencing and samples of the materials to be used on the external elevations of the buildings hereby approved have been submitted to and approved by the Local Planning Authority.  The development shall be carried out and completed in accordance with the approved details before it is brought into first use.

Reason:  In the interests of visual amenity and to ensure that the appearance of the building makes a positive contribution to the character and appearance of the area.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3, and the guidance contained within the Design and Townscape Guide (2009).

The development hereby approved, for purposes falling within Class B8, shall be limited to a data centre within Use Class B8 only and shall not be used for any other purposes, including any other use falling within Use Class B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting these Orders.

Reason: To determine the scope of the permission and in the interests of the character and appearance of the area and the residential amenity of nearby occupiers in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the 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.

Informatives

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You are advised that as the development equates to less than 100sqm of new floorspace, and does not involve the creation of a new dwelling (Class C3), 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.

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.

The applicant may need an environmental permit for flood risk activities if they want to do work in, under, over or within 8m of the river and of any flood defence structure or culvert of the Eastwood Brook, designated a ‘main river’. Anyone carrying out these activities without a permit where one is required, is breaking the law. Please contact our National Customer Contact Centre to assess which category your proposed works fall under. They will then be able to tell you the classification of your application, the fee associated with your application, and how to proceed forward.