Proposal: Erect timber screen to external fridge and storage area to rear and install terrace balustrade to front (Part Retrospective)

Applicant: Fenner and Saunders

Agent: Lime Associates

Mr Davey Thomason, a local resident, spoke as an objector to the application.  Mr Richard Hughes responded on behalf of the applicants.

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 be carried out in accordance with the following approved plans: 280-01-01, 280-01-02, 280-01-02A , 280-01-03 & 280-01-04 

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

03 Prior to the use of the storage area within the development hereby permitted, the development shall be constructed in accordance with details of materials shown on submitted plans: 280-01-02, 280-01-03 & 280-01-04 unless alternative details of external materials have previously been submitted to and agreed in writing by the Local Planning Authority. The timber screens to the terrace fronting Broadway hereby permitted shall be retained solely in accordance with the details of materials shown on submitted plans: 280-01-02, 280-01-03 & 280-01-04.

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 (2018), Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policies DM1 and the advice contained in the Design and Townscape Guide (2009). 

04 The storage area hereby approved shall be used for storage purposes ancillary to the ground floor restaurant at No.136 Broadway only. It shall not be used for the preparation of food.

Reason:  In order to protect the amenities of nearby occupiers in accordance the National Planning Policy Framework, 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)

05 Notwithstanding the details shown in the plans and specifications submitted and otherwise hereby approved, the rating level of noise for all activities and plant (including but not exclusively refrigeration equipment) installed in association with this consent, must be 10dB below the background noise level as measured at the nearest noise sensitive premises.

Reason: In order to protect the amenities of nearby occupiers in accordance the National Planning Policy Framework, 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:

01. You are advised that as the proposed extension(s) or change of use to your property 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.

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. This permission does not convey any form of consent for external advertisement signs, consent for which will separately be required under the provisions of the Town and Country Planning Advertisement Regulations.