Proposal: Application to vary condition 02 (Approved Plans) replace plan number 15-184-2-110B with plan number 15-184C-2-110A (Minor Material amendment to planning permission 18/00763/AMDT dated 18.07.2018which amended planning permission 16/01601/FUL dated 10.11.2016 - Demolish existing bungalow and erect a pair of semi-detached dwellinghouses and lay out hardstanding (Amended Proposal) (Retrospective).

Applicant: Mr Ben Surgett

Agent: N/A

Resolved:-

That PLANNING PERMISSION be GRANTED subject to the following conditions:

01.       The development shall be carried out in accordance with the approved plans: 0-100/B, 2-113/A, 2-110/A

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

02.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any order revoking and re-enacting that Order with or without modification, no development shall be carried out within Schedule 2, Part 1, Class A, B, C, D, E and F to those Orders without express planning permission having first been obtained from the Local Planning Authority.

Reason:  To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and the Design and Townscape Guide (2009).

03.       Permeable paving shall be used for the hardstanding area unless otherwise agreed by the local planning authority. The proposed parking spaces to the front curtilages of the proposed dwellings shall be provided and made available for use in accordance with the plans no. 2-110/B prior to occupation of the dwellings hereby approved and shall thereafter be permanently retained solely for the benefit of the occupiers of the dwellings and their visitors and for no other purposes.

Reason:  To ensure satisfactory parking is provided and retained to meet needs of occupants that the development is completed and used as agreed, and to ensure that it meets Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM15 and the Design and Townscape Guide (2009).

04.       The first floor bathroom windows in the north and south elevations of the dwellings hereby approved shall only be glazed permanently in obscure glass (the glass to 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 permanently fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level unless otherwise agreed in writing by the local planning authority.  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.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1, and the Design and Townscape Guide (2009).

05.       The flat roofs of the dwellings hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other purpose unless express planning permission has first been obtained from by the local planning authority. The roofs can however be used for the purposes of maintenance or to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1, and the Design and Townscape Guide (2009).

06.       Water efficient design measures as 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 shall be installed prior to the first occupation of the development hereby approved and 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, Core Strategy (2007) policy KP2, Development Management Document (2015) policy DM2 and the guidance within the Design and Townscape Guide (2009).

07.       The dwellings hereby approved shall not be occupied until details of soft and hard landscape works have been submitted to and approved by the local planning authority. The approved landscaping scheme shall be implemented within the first planting season following first occupation of the dwellings hereby approved.

Reason: To ensure that the development is satisfactory in terms of its appearance and that it makes a positive contribution to the amenity of future occupants in accordance with Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM1 and the Design and Townscape Guide (2009).

08.       A scheme detailing how at least 10% of the total energy needs of the development hereby approved will be supplied using on site renewable sources shall be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the dwelling houses. This provision shall be made for the lifetime of the development.

Reason:  To enable the Local Planning Authority to regulate and control development in the interest of the amenity of neighbouring properties and to safeguard the character of the area in accordance the National Planning Policy Framework (2019), Southend Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policy DM1 and Design and Townscape Guide (2009).

09.       The materials used and the finished appearance shall be as approved under application reference 17/01356/AD or in accordance with other details separately submitted to and approved in writing by the Local Planning Authority before the dwellings hereby permitted are occupied.

Reason: The safeguard the visual amenities of the area in accordance with Core Strategy (2007) policies KP2, CP4,  Development Management Document (2015) Policy DM1 and Design and Townscape Guide (2009).

Informatives

1.         Community Infrastructure Levy (CIL): This application, made pursuant to Section 73 of the Town and Country Planning Act 1990, is CIL liable. As there is an increase in floorspace since the original permission, and therefore a change in the amount of CIL payable, CIL Regulation 9(7) applies. The chargeable development is the most recently commenced chargeable development; hence a new CIL Liability Notice that supersedes CIL Liability Notice ref.  16/01601/FUL/0001 will be issued as soon as practicable following this decision notice.

2.         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.

3.         The applicant is advised that the development has commenced without discharging a number of pre commencement conditions of the previously approved applications reference 16/01601/FUL and 18/00763/AMDT. Where relevant, these conditions have been carried over and updated into this consent. At present the works may be the subject of enforcement action by the Local Planning Authority.

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.