Agenda item

19/01924/FULM - 277 Prince Avenue, Westcliff-on-Sea (St Laurence Ward)

Minutes:

Proposal: Demolish existing buildings and erect three storey block comprising of 12 self-contained flats and 8 two storey dwellinghouses, layout landscaping, amenity space and parking (Amended Proposal)

Applicant: Dove Jeffrey Homes and Estuary HA

Agent: Phase 2 Planning

 

Resolved:-

 

That PLANNING PERMISSION be GRANTED subject to completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to secure the following:

 

           Affordable housing including 8 x affordable rent (8 x 2 bed units) , 4 x social rent 4 (4 x 2 bed units)  and 8 x shared ownership (1 x 2 bed and 7 x 3 bed units)

           Residential Travel Packs – to be agreed prior to occupation

 

The Director of Planning and Transport or the Group Manager (Planning & Building Control) be authorised to determine the application upon completion of the above obligation, so long as planning permission when granted and the obligation when executed, accords with the details set out in the report submitted and the conditions listed below:

 

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 shall be carried solely out in accordance with the approved plans: 200-P4, 201-P5, 202-P4, 203-P5, 204, 205, 206, 207, 6861-D-AIA-B

 

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

 

03 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and construction up to ground floor slab level shall take place until product details of the materials to be used on all the external elevations, including roof, walls including brick patterning, fascia and soffits, windows and doors, balconies, bays and entrance porches, car port and refuse store have been submitted to and approved in writing by the local planning authority.  The development shall only be carried out in accordance with the approved details before it is brought into use.

 

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

 

04 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition above slab level shall take place until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the local planning authority.

 

 

The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development, unless otherwise agreed in writing by the local planning authority. The details submitted shall include, but not limited to:-

 

i.          proposed finished site levels or contours; 

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

iii.        hard surfacing materials including for the vehicular areas and amenity areas; 

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

 

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

 

05 The development shall not be occupied until and unless 35 car parking spaces, of which not less than 3 shall be for disabled users, have been provided at the site and made available for use solely for occupiers of the residential units hereby approved and their visitors all in accordance with the details shown on drawing 200-P5, together with properly constructed vehicular access to the adjoining highway, in full accordance with the approved plans.  The parking spaces shall be permanently retained thereafter solely for the parking of occupiers of and visitors to the development.

 

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 Council’s Development Management Document (2015

 

06 The development shall not be occupied until and unless the store containing 12 secure, covered cycle parking spaces and the refuse and recycling store to serve the flatted development as shown on drawings 202P4 and 203P5 have been provided at the site in full accordance with the approved plans and made available for use for the occupiers of the residential flats hereby approved. The approved scheme shall be permanently retained for the storage of cycles and waste and recycling thereafter. 

 

Reason: To ensure that adequate refuse and recycling storage cycle parking is provided and retained to serve the development in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policies DM8 and DM15 of the Development Management Document (2015).

 

07 The east  facing first and second floor windows on the flatted block hereby approved shall only be glazed 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 and unopenable, except for any top hung light which shall be a minimum of 1.7 metres above internal floor level before occupation of the dwellings served by those windows  and shall be retained as such in perpetuity.  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. Prior to the occupation of the flats the privacy screens as detailed on drawing references 203P5 and 202P4  shall be installed in accordance with details on those drawings and shall thereafter be and retained in perpetuity

 

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

 

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

 

Reason: To minimise the environmental impact of the development through efficient use of resources and better use of sustainable and renewable resources in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) policy DM2 and the Southend Design and Townscape Guide(2009).

 

09 Prior to occupation of the dwellings hereby approved, appropriate water efficient design measures as set out in Policy DM2 (iv) of the Development Management Document to limit internal water consumption to not more than 105 litres per person per day (lpd) (110 lpd when including external  water  consumption), to include measures of water efficient fittings, appliances and water recycling systems such as grey water and rainwater harvesting shall be implemented for the development and thereafter 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 (2019), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and advice contained within the Southend Design and Townscape Guide (2009).

 

10 Before any of the residential units hereby approved are first occupied or brought into use, the development hereby approved shall be carried out in a manner to ensure that 10% (2) of the units hereby approved comply with building regulation M4 (3) ‘wheelchair user dwellings’ standard and the remaining 18 units comply with building regulation standards part M4(2) ‘accessible and adaptable dwellings upon occupation.

Reason: To ensure the residential units hereby approved provides high quality and flexible internal layouts to meet the changing needs of residents in accordance with National Planning Policy Framework (2019), Core Strategy (2007) Policy KP2, Development Management Document (2015) Policy DM2 and the Design and Townscape Guide (2009).

 

11 With the exception of below ground investigation work and removal of the previous structures on site, no development shall take place until and unless the remediation measures as set out in the Remediation Method Statement for 277 Prince Avenue reference JAH/18.478/RMS dated 8.4.19 and drawing reference 18.478/RMS/02 have been carried out in full and the site remediated in accordance with those approved measures. A Validation Report for the Site Remediation Strategy shall be submitted to, and agreed in writing by the local planning authority before completion of the development or first occupation of the premises (whichever comes first).  If, during the development, land contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further works shall be carried out until a method statement detailing a scheme for dealing with the suspected contamination has been submitted to and agreed in writing with the Local Planning Authority. The dwellings shall not be occupied until any further contaminated land mitigation has been completed in full and a validation report confirming the completion of the remediation has been submitted to the local planning authority and approved in writing.

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

12 Prior to commencement of  development other than demolition,   detailed  design  of  a surface water drainage scheme incorporating the following measures shall be submitted to and agreed with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme shall be implemented  prior  to  the first  occupation  of  the  development. The  scheme  shall  address  the  following matters:

 

a. Provide an assessment of suitability for infiltration, accounting for the presence of constraints on infiltration SuDS, drainage potential, and the potential for ground instability or contamination as a result of infiltration. The applicant needs to include evidence that infiltration testing has been undertaken for the site and that they are compliant with BRE365 guidance.

b. Provide calculations to demonstrate the hydraulic performance of the entire proposed SuDS system, including the pipe network, for the 1 in 1 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change.

c. Provide an updated drainage layout plan to include pipe diameters and gradients, manhole cover and invert levels and volume of storage to be provided by all SuDS features on the site in accordance with the submitted calculations. Engineering plans to be provided for each of the SuDS and critical drainage elements, including the flow control features.

d. Provide information regarding the management of health and safety risks in relation to the feature design.

 

e. Provide a system valuation (including capital costs, operation and maintenance costs, and cost contributions) and a demonstration of long term economic viability.

f. Provide a method statement regarding the management of surface water runoff arising during the construction phase of the project.

g. Provide evidence of consent from Anglian Water to discharge at the proposed rate and connection point.

h. Provide a site specific management and maintenance plan for the site to include all elements of the proposed SuDS.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with Policy KP2 and CP4 of the Core Strategy 2007 and  Policy DM2 of the Development Management Document (2015).

 

13 Notwithstanding the Tree Survey, Aboricultural Assessment, Preliminary Arboricultural Method Statement and Tree Protection Plan by Hayden’s Arboricultural Consultants Ltd reference 6861 dated 11.1.19 submitted with the application, prior to the commencement of the development a suitably detailed arboricultural method statement and tree protection plan which provides full details of protection measures including ground protection measures, pruning details including access facilitation, details of the services in relation to the trees, project phasing and monitoring shall be submitted to and approved in writing by the local planning authority. Throughout its implementation and completion the approved development shall then be undertaken in full accordance with the approved details.

 

Reason: A pre commencement condition is justified to ensure the trees on and close to the site  are adequately protected during building works in the interests of visual amenity and in accordance with Core Strategy (2007) policies KP2 and CP4, Development Management Document (2015) policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).

 

14 The development shall be carried out in full accordance with ecology enhancement measures as detailed in Section 2 of the submitted  Landscape and Ecology Management Plan by Wild Frontier Ecology dated January 2019.

 

Reason: To ensure that the development does not have an adverse impact  on the biodiversity of the environment in accordance with the wildlife Act, National Planning Policy Framework (2019) and Development Management Document (2015) Policy DM3.

 

15 Notwithstanding the details shown on the plans submitted and otherwise hereby approved, no construction works other than demolition and construction up to ground floor slab level shall take place until and unless a noise report has been submitted and agreed in writing by the local planning authority to demonstrate that the internal noise levels for all habitable rooms will meet the standards set out in BS 8233:2014 (Internal Noise Levels). The development shall then be undertaken and completed in accordance with the agreed details within that report before it is occupied.

 

 

Reason: In order to protect the amenities of the occupiers of the dwellings hereby approved from unacceptable traffic noise from in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document  (2015).

 

16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any Order or Act of Parliament revoking and re-enacting that Order with or without modification, no development shall be carried out at the development hereby approved specified within Schedule 2, Part 1, Classes A, B, D, E and F of the Town and Country Planning (General Permitted Development) Order 2015 without the receipt of express planning permission in writing 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 Southend Design and Townscape Guide (2009).

 

17 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to in full throughout the construction period. The Statement shall provide, amongst other things, for:

 

i)  the parking of vehicles of site operatives and visitors

ii)  loading and unloading of plant and materials

iii)  storage of plant and materials used in constructing the development

iv)  the erection and maintenance of security hoarding 

v)  measures to control the emission of dust and dirt during construction

vi)  a scheme for recycling/disposing of waste resulting from demolition and construction works that does not allow for the burning of waste on site.

vii) a method statement regarding the management of surface water runoff arising during the construction phase of the project.

viii) measures to mitigate noise impacts.

 

Reason: In the interests the amenities of neighbouring occupiers and to ensure a satisfactory standard of highway safety to Policies CP3 and  CP4 of the Core Strategy (2007) and Policies DM1 and DM15 of the Development Management Document (2015).

 

18 Construction Hours shall be restricted to 8am – 6pm Monday to Friday, 8am - 1pm Saturday and not at all on Sundays or Bank Holidays.

 

Reason: In the interests of the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

In the event that the planning obligation referred to in part (a) above has not been completed by 23rd January 2020 (or an extension of this time as may be agreed by the Director of Planning and Transport or Group Manager Planning & Building Control), the Director of Planning and Transport or Group Manager of Planning and Building Control be authorised to refuse planning permission for the application on the same grounds application reference 19/00086/FULM was refused planning permission.

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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, 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.

 

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.

Supporting documents:

 

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