Agenda item

19/00597/FUL - 194 Leigh Road, Leigh-on-Sea (Leigh Ward)

Minutes:

Proposal: Erect hip to gable roof extension to rear to form one self-contained flat, install dormer to front, external staircase to rear and layout parking, cycle store and bin storage to rear (Amended Proposal).

Applicant: Mr J Doassans

Agent: Stone Me Ltd

 

Resolved:-

 

That PLANNING PERMISSION be GRANTED subject to the following conditions:

 

1.         The development hereby permitted shall begin no 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.

 

2.         The development hereby permitted shall be carried out in accordance with the following approved plans:  1729/05/B, 1729/06/C, 1729/07/A, 1729/09/A.

 

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

 

3.         No development shall take place apart from demolition until samples and/or details of the materials to be used in the construction of the external elevations of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out only in accordance with the approved details.

 

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

 

4.         The residential dwelling hereby approved shall not be occupied unless and until details of on-site refuse and recycling facilities and cycle parking have been submitted to and agreed in writing by the Local Planning Authority. The refuse and recycling facilities and cycle parking shall thereafter be implemented and made available for use in accordance with the approved details before first occupation of the dwelling and shall be permanently maintained thereafter.  

Reason: In order to protect the character and visual amenities of the area and the environment for residents and provide sustainable modes of transport in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Development Management Document (2015) policies DM1, DM3 and DM15.

 

5.         Demolition or construction works associated with this permission shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and shall not take place at any time on Sundays or Bank Holidays.

 

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).

 

6.         Prior to the commencement of the development, a full scheme of the measures to be incorporated in the development to mitigate the impact of noise from road traffic, the activities of uses neighbouring the site and any other relevant sources of noise on the future occupiers of the new dwelling in the development shall be submitted and approved in writing by the Local Planning Authority. The development shall be implemented in full accordance with the approved scheme of noise mitigation measures in its entirety before the first occupation of the dwelling.

 

Reason: To ensure that the amenities of the occupiers of the development are not prejudiced by noise and in accordance with the National Planning Policy Framework (NPPF), Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1 and The Design and Townscape Guide (2009).

 

7.         The flat and roof terrace hereby approved shall only be used as self-contained residential accommodation and private amenity space for the enjoyment of the occupier/s of the flat hereby granted and shall at no times be used in connection with the commercial use of the application site.

 

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 policy DM1, and the Design and Townscape Guide (2009).

 

8.         The dwelling hereby permitted shall not be occupied unless and until space has been provided within the site for one car to be parked. The parking space shall be made available for use prior to first occupation of the dwelling hereby approved and shall be permanently retained thereafter solely for the parking of occupiers of the development hereby approved and their visitors.

 

Reason: To ensure that adequate car 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).

 

9. Notwithstanding the details shown on the plans submitted and otherwise hereby approved, before the dwelling hereby approved is first occupied a Noise Mitigation Plan setting out in full the noise mitigation measures that will be put in place to ensure that the noise level experienced within the approved dwelling, as generated by activities within the lower two floors of the same building (including any amplified music and human voices or other activities) or generated by any plant or other noise generating equipment within the vicinity of the site, will be at least 10dB(A) below the background noise level and clearly demonstrating the methodology used to establish that this standard will be met by the proposed measures shall be submitted to the Local Planning Authority and approved in writing. The noise mitigation measures shown in the approved Noise Mitigation Plan shall be implemented in full before the first occupation of the approved dwelling and shall be maintained as such in perpetuity thereafter. 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 British Standard 7445:2003. 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:  In order to protect the amenities of occupiers of the proposed dwelling in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document  (2015).

 

Informatives

 

1.         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.

 

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.         Air conditioning units shown on drawing no.1729/06C were not included in the description of proposed development so have not been included in the assessment or determination of this application. Separate consent will need to be obtained from the Local Planning Authority for installation of any externally mounted plant or equipment which materially differs the external appearance of the building.

 

4.         The applicant is advised that any failure to properly discharge and/or otherwise comply with the terms of any details subsequently approved under the requirements of condition 9 of this planning permission will be viewed most seriously by the Local Planning Authority and will be likely to result in enforcement action being taken to remedy any identified harm.

 

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.

Supporting documents:

 

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