Proposal: Change of use of former Public House (Class A4) to 15 bedroom Hotel (C1), erect 2 storey side extension to west side of building, raise roof ridge height and erect second floor rear extension, refurbish and alter elevations, install railings to terrace areas and balconies, erect external fire escape staircase to rear, repair existing boundary wall to front, layout 7 parking spaces and form hotel drop off point to front (amended proposal).

Applicant: Mr P Barthaud

Agent: Mr Colin Stone of Stone Me Ltd

 

Resolved:-

 

That PLANNING PERMISSION be GRANTED subject to the following conditions:

 

 

01        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.

 

02        The development hereby approved shall be carried out in accordance with the approved plans: 1813 10E, 1813 11, 1813 12G, 1813 13B, 1813 14K, 1813 17E, 1813 18B, 1813 19, 1813 20B, 1813 21, 1813 25B, 1813 26B, 1813 27B and 1813 29.

 

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

 

03        The development hereby approved shall only be used as a hotel within Use Class C1 and shall not be used for any other purposes including any other purposes within the Town and Country Planning (Use Classes) Order 1987 (as amended) or 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).

 

04        The materials used on the external surfaces of the walls and roof of the development hereby approved shall only be in accordance with the samples submitted with the application, namely Heather Blend clay plain tile for the roof and cement render painted for the walls, both to match the existing materials on site.

 

Reason: To safeguard the character and appearance of the area and the Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

05        The proposed works to the chimneys on site shall be undertaken only in full accordance with the details shown on approved plans 1813 27B and 1813 29 retaining the original pots and using materials on the external surfaces to match the existing chimneys.

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

06        Notwithstanding the details shown in the plans submitted and otherwise hereby approved, the lintels and timber boarding to be installed as part of the development hereby approved shall match those on the existing building. These works must be carried out and completed in full accordance with the approved details before the development hereby approved is first used.

 

Reason: To ensure the development suitably preserves and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

07        The windows and doors installed shall be of painted timber and shall accord with the details shown on the approved plans 1813 17E, 1813 18B and 1813 14K. The windows and French doors shall be painted in Dulux Heritage Roman White with black outer frames to match existing fenestration. The main entrance doors to the front and eastern elevation shall be painted black. These arrangements shall be retained in perpetuity.

 

Reason: To ensure the development suitably preserves and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

08        The balcony on the front elevation hereby approved shall be constructed and completed in full accordance with the details shown on the approved plan 1813 20B. The cantilevered balcony on the eastern elevation hereby approved shall match in detailing the balcony on the front elevation in accordance with the details shown on the approved plan 1813 20B. The balconies shall be provided before the development hereby approved is brought into first use.

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

09        The works for the balustrades and railings to be affixed to the glazed bricks shall be carried out and completed in full accordance with the details shown on the approved plan 1813 27B before the development hereby approved is brought into first use.

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

10        Before the development hereby approved is brought into first use the lantern, details of which are shown on the approved plan 1813 21, shall be installed on site as shown on the approved plan 1813 14K and retained as such thereafter.

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

11        Before the development hereby approved is brought into first use the satellite dish shall be removed from the eastern elevation of the building.

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

12        Before the development hereby approved is brought into first use, the rear extension over the eastern part of the building hereby approved shall be constructed and completed with eaves detailing that matches the existing detailing and shall be retained as such thereafter.

 

Reason: To ensure the development suitably maintains and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

13        The development shall not be first used unless and until the privacy screen around the northern terrace, as shown on the approved plan 1813 14K and in line with the details shown on the approved plan 1813 27B, which states that the glazing would be minimum level 4 of the Pilkington scale, has been implemented in full accordance with the above details and specifications approved. Thereafter, the screen around the balcony shall be permanently retained in accordance with the approved details in perpetuity.

 

Reason: In the interests of the residential amenity of adjoining residents and the character and appearance of the area 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).

 

14        The second floor north facing (rear) window shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or equivalent) and be permanently fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal finished floor level of the room.  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) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

 

15        The ground floor bar area hereby approved shall not be open for customers outside the following hours: - 0700 hours to 2300 hours on any day.

 

Reason:  To  protect  residential  amenity  and  general  environmental quality in accordance with the National Planning Policy Framework (2019), Core  Strategy (2007)  Policies KP2  and  CP4,  and  Policies DM1 and DM3 of the Development Management Document (2015).

 

16        Deliveries to and refuse and recycling collection from the premises shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00hours to 13:00hours on Saturdays and at no time on 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).

 

17        Notwithstanding the details shown on the documents submitted and otherwise hereby approved, with reference to British Standard 7445:2003, the noise rating level arising from activities associated with the use hereby approved (including amplified music and human voices) shall be at least 10dB(A) below the background noise level as measured at 1m from the facades of the neighbouring noise sensitive premises. 

 

Reason: In order to protect the amenities of occupiers of the development and surrounding residents in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document  (2015).

 

18        The soft landscaping within planters and pots as shown on approved plans 1813 14K, 1813 19 and in line with the details contained on the approved plan 1813 26B shall be implemented in complete accordance with the approved details prior to the first use of any part of the development hereby approved and maintained as such thereafter.

 

Reason: In the interests of visual amenity and to ensure a satisfactory standard of landscaping, pursuant to Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

19        The hard landscaping, including treatment of hard surfaces shown on approved plan 1813 26B and boundary wall shown on approved plan 1813 19 shall be implemented in full accordance with the approved scheme prior to the first use of any part of the development hereby approved and retained as such in perpetuity.

 

Reason: In the interests of visual amenity and to ensure a satisfactory standard of landscaping, pursuant to Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

20        Notwithstanding the details shown on the documents submitted and otherwise hereby approved, no privacy screen shall be installed between the rooms on the terrace to the front of the premises facing New Road.

 

Reason: To safeguard the character and appearance of the area and the Conservation Area in accordance with Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM5 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

21        The development shall not be first used unless and until 7 on site car parking spaces and the hotel drop off point have been provided and made available for use in full accordance with the details shown on approved plans, including drawing 1813 10E. The parking spaces and drop off point shall be permanently maintained thereafter solely for use by users of the development.

 

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policy DM15 of the Council’s Development Management Document (2015) and Policy CP3 of the Core Strategy (2007).

 

22        The development shall not be brought into first use unless and until the 4 secure, covered cycle parking spaces to serve the development shown on the approved plan 1813 25B have been provided on site and made available for use in line with the approved plans. The approved cycle parking spaces shall thereafter be permanently maintained solely for use by users of the development.

 

Reason:  To ensure the provision of adequate cycle parking in accordance with Policy CP3 of the Core Strategy (2007) and Policies DM3, DM8 and DM15 of Development Management Document (2015).

 

23        The development shall not be first used unless and until the refuse and recycle stores to serve the development as shown on drawings 1813 10E and 1813 21 have been provided at the site and made available for use by users of the development in full accordance with the approved plans. The approved refuse and recycling facilities shall be permanently retained thereafter and used only for the approved purpose.  

 

Reason:  To ensure that satisfactory refuse and recycling facilities are proposed  in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

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

 

25        The sign within the gable of the eastern part of the building shall be retained and maintained on site in perpetuity as shown on the approved plan 1813 14K.

           

Reason: To ensure the development suitably preserves and enhances the character and appearance of the conservation area  in accordance with the National Planning Policy Framework (2019), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007) and policies DM1, DM3 and DM5 of the Southend-on-Sea Development Management Document (2015) and advice contained within the Southend Design and Townscape Guide (2009).

 

Informatives:

 

1          Please note that the development which is the subject of this application is liable for a charge under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and it is the responsibility of the landowner(s) to ensure they have fully complied with the requirements of these regulations. A failure to comply with the CIL regulations in full can result in a range of penalties. For full planning permissions, a CIL Liability Notice will be issued by the Council as soon as practicable following this decision notice. For general consents, you are required to submit a Notice of Chargeable Development (Form 5) before commencement; and upon receipt of this, the Council will issue a CIL Liability Notice including details of the chargeable amount and when this is payable. If you have not received a CIL Liability Notice by the time you intend to commence development it is imperative that you contact S106andCILAdministration@southend.gov.uk to avoid financial penalties for potential failure to comply with the CIL Regulations 2010 (as amended). If the chargeable development has already commenced, no exemption or relief can be sought in relation to the charge and a CIL Demand Notice will be issued requiring immediate payment. Further details on CIL matters can be found on the Planning Portal (www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy) or the Council's website (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          The granting of this permission does not negate the need for Highways Consent for the permanent vehicular crossing and there is no guarantee that you will automatically be granted Highways Consent for this. Applications for permanent vehicular crossings made under Planning Legislation consider a broader range of criteria in comparison to applications made under Highways legislation. They are separate regimes and different requirements apply to each.

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action.