Proposal: Erect detached chalet bungalow with associated parking at land r/o 135 Carlingford Drive (Amended Proposal) (Retrospective)

Applicant: Mr Graham Eiles

Agent:  DK Building Designs Ltd

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin not 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.

02  The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plan numbers:

3534 -04 Revision A

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

03  Prior to the occupation of the development hereby permitted, the development shall be constructed in accordance with details of materials  shown on application form, Hoskins Flemish Antique mixture bricks, (red/blue/beige), natural welsh slate, white upvc windows and doors unless alternative details of external materials have previously been submitted to and agreed in writing by the Local Planning Authority.

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 advice contained within the Design and Townscape Guide (2009).

04  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 and made available for use 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).

05  Demolition  or  construction  works  associated  with  this  permission  shall  not  take place  outside  08:00  hours  to  18:00hours  Mondays  to  Fridays  and  08:00 hours  to 13:00 hours on Saturdays and at no time Sundays or Bank Holidays. 

Reason: In order to protect the amenities of 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).

06  Prior to the first occupation of the dwelling hereby approved, full details of refuse, recycling and secure, covered bicycle storage facilities at the site shall be submitted to and approved in writing by the Local Planning Authority. Prior to first occupation of the dwelling hereby approved, refuse, recycling and bicycle storage facilities shall be provided and made available for use at the site in accordance with the approved details and retained in perpetuity thereafter. 

Reason: In  the  interests  of  residential  amenity  for  future  occupants,  to ensure the  provision  of adequate  cycle parking  and in the interests of visual  amenity  as  set  out  in  the  National  Planning  Policy Framework (2019), Core Strategy (2007) policies KP2, CP3 and  CP4 and Policies DM1, DM8 and DM15 of the Development Management Document (2015) and the guidance within the Design and Townscape Guide (2009).

07  Prior to the occupation of the dwelling hereby approved the car parking spaces shall be provided and made available for use in accordance with the details shown on approved plan 3534 -04 Revision A. The car parking spaces shall be kept available for the parking of motor vehicles of occupiers of the dwelling hereby approved and their visitors and shall be permanently retained as such thereafter. 

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 Development Management Document (2015).

08  Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works to be carried out at the site must be submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping works shall be carried out in accordance with the approved details prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include, but not limited to:-

i.  means of enclosure, of the site including any gates or boundary fencing; 

ii.  car parking layouts; 

iii.  other vehicle and pedestrian access and circulation areas; 

iv.  hard surfacing materials; 

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

vi. details of measures to enhance biodiversity within the site;

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

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to Policy DM1 of the Development Management Document (2015) and Policy CP4 of the Core Strategy (2007)

09  Notwithstanding the provisions of Classes A, B, D and E of Part 1 of Schedule 2 to the Town and Country Planning General Permitted Development Order 2015 (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force), no development within those classes shall be undertaken at the site without express planning permission first having been obtained from the Local Planning Authority.

Reason: To safeguard the design and appearance of the proposed development in the  interest  of  visual  amenities  of  the  locality and in order to protect the amenities of surrounding occupiers in  accordance with  the  National Planning  Policy  Framework  (2019),  Core  Strategy  (2007)  Policies  KP2  and  CP4, Development  Management  Document  (2015)  Policies  DM1  and  DM3  and  Design and Townscape Guide (2009).

10 The development hereby approved shall be carried out in a manner to ensure that it complies with Building Regulation part M4 (2) ‘accessible and adaptable dwellings’, before it is brought in to use.

Reason: To  ensure the dwellinghouse hereby approved  provide  high  quality  and flexible internal layouts to meet the changing needs of residents in accordance with the National Planning Policy Framework, Core Strategy (2007) Policy KP2, Development  Management  Document  (2015)  Policy  DM2  and  Design  and Townscape Guide (2009).

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

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.

12  Notwithstanding the details shown in the plans submitted and otherwise hereby approved, the dwelling hereby granted consent shall not be occupied unless and until plans and other appropriate details are submitted to the Local Planning Authority and approved in writing which specify all windows in the proposed dwelling that are to be permanently glazed with obscured glass (to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent) and fixed shut or provided with only a fanlight opening and the manner and design in which these windows are to be implemented. Before the dwelling hereby approved is occupied the development shall be implemented in full accordance with the details and specifications approved under this condition and shall be permanently retained as such thereafter.

Reason: To safeguard the privacy and amenities of occupiers of neighbouring residential properties and the future occupiers of the proposed residential dwellings, in accordance with the National Planning Policy Framework, Core Strategy (2007) policy CP4, Development Management Document (2015) policy DM1 and advice contained in 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

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 and when this is payable. As this chargeable development has already commenced, no exemption or relief can be sought in relation to the charge and a CIL Demand Notice will shortly be issued. Charges and surcharges may apply 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 the access does not comply with Essex County Fire and Rescue Service guidance and the installation of an Automatic Water Suppression System (A Sprinkler Systems) should be considered to compensate.

04  The applicant must ensure that improvements to the access to the site forms part of the proposed landscaping scheme to be submitted in accordance with condition no 8 of this permission.