Agenda item

19/01646/FUL - West Leigh Baptist Church, Lymington Avenue, Leigh-on-Sea (Leigh Ward)

Minutes:

Proposal: Demolish existing rear memorial hall and erect replacement two storey hall with office space in roof linked to existing Church, erect single storey extension to front entrance and install ramp to improve access from London Road, form central courtyard with landscaping and lay out parking spaces

Applicant: Mr M M'Clelland

Agent: Mathews Serjeant Architects

 

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 permitted shall be carried out in accordance with the following approved plans: Location Plan; Site Plan; 2145-EX01; 2145-EX 02; 2145 P-04A; 2145-P-05A; 2145-P-03B.

 

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

 

03        Notwithstanding the information submitted with the application, no development above ground floor slab level shall take place until samples of the materials to be used on all the external elevations of the development hereby approved have been submitted to and approved in writing by the local planning authority. The development shall be carried out solely in accordance with the approved details before it is brought into use.

 

Reason: To safeguard the character and appearance of the 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 advice contained within the Design and Townscape Guide (2009).

 

04        The use of the development hereby approved shall not commence until and unless the 10 vehicle parking plus cycle parking spaces have been provided in accordance with the approved plan 2145 P03B, together with properly constructed vehicular access to the adjoining highway. The parking areas shall be permanently retained for the parking of vehicles of people using the development.

 

Reason: To ensure that provision of car and cycle 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).

 

05        The development hereby approved shall be carried out and completed in accordance with drawing 2145 P03B in relation to the highways works including alterations to vehicle crossovers and the reinstatement of the pavements along Lymington Avenue before the development is first occupied and the access arrangements shall thereafter be retained in perpetuity.

 

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

 

06        The development hereby approved shall not be used other than between the hours of 07:30- 22:30 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).

 

07        The building and parking area hereby approved shall only be used for purposes falling within Class D2 of the Town and Country Planning (General Permitted Development) Order 2015 directly associated with use of the existing site as a place of worship. The building hereby permitted shall not be used as a planning unit which is independent of the main church site. 

 

Reason: To safeguard the impact on residential amenity and highway safety in accordance with policies KP2 and CP4 of the Core Strategy (2007), policies DM1, DM3 and DM15 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

08        Notwithstanding the details shown on the plans submitted and otherwise hereby approved the development shall not be first occupied unless and until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping for the site.  This shall include details of the number, size and location of the trees and shrubs to be planted together with a planting specification, details of the treatment of all hard and soft surfaces and all means of enclosing the site.

 

Reason: In the interests of visual amenity, and the amenities of occupiers 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).

 

09        All planting in the approved landscaping scheme shall be carried out within the first available planting season following first occupation of the development.  Any 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. Hard landscaping and means of enclosure shall be implemented in full accordance with the approved scheme prior to first occupation of any part of the development hereby approved.

 

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

 

10        Prior to use of the development hereby approved, a scheme detailing windows to be obscure glazed within the development shall be submitted and approved in writing by the local planning authority. The development shall be undertaken solely in full accordance with those approved details and they shall be retained thereafter for the lifetime of the development.

 

Reason: To protect the privacy and environment of people in neighbouring residential properties, 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).

 

11        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 and agreed in writing by the Local Planning Authority and implemented in full prior to the first occupation of the building. 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), Policy DM2 of the Development Management Document (2015), and the Design and Townscape Guide (2009).

 

12        Notwithstanding the information submitted with the application, the development hereby approved shall not be brought into first use unless and until a Travel Plan including a comprehensive survey of all users, targets to reduce car journeys to and from the site, and identifying sustainable transport modes including cycling and modes of public transport and measures to reduce car usage has been submitted to and agreed in writing by the local planning authority. The approved Travel Plan shall be fully implemented prior to first use of the development hereby approved and shall be maintained thereafter in perpetuity and shall be reviewed after 12 months of the development being occupied. For the first three years at the end of each calendar year a document setting out the monitoring of the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified issues and timescales for doing so must be submitted to and approved in writing by the local planning authority. The agreed adjustments shall be implemented in accordance with the agreed conclusions, recommendations and timescales.

 

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15, and Design and Townscape Guide (2009).

 

13        Hours of construction related to the development hereby approved 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 residents in accordance with the National Planning Policy Framework (2019), Policy DM1 of the Development Management Document (2015) and advice contained in the Design and Townscape Guide (2009).

14        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 fully adhered to throughout the construction period. The Statement shall provide, amongst other things, for:

 

i)  the parking of vehicles of site operatives and visitors and access routes

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 construction works that does not allow for the burning of waste on site

vii) measures to minimise noise disturbance impacts.

 

Reason: A pre-commencement condition is needed in the interests highway safety, visual amenity and the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM15 of the Development Management Document (2015).

 

15        Prior to first occupation of the development hereby approved details of how the development will minimise the use of water and maximise the use of recycled water through efficient design measures for example: rainwater harvesting; greywater use; water efficient plumbing and wastewater reuse, shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details prior to first use and thereafter maintained and operated in accordance with the approved details in perpetuity. 

 

Reason: To minimise the environmental impact of the development through efficient use of water in accordance with National Planning Policy Framework (2019), Core Strategy (2007) policies KP2 and CP4, and Policies DM1 and DM2 of the Development Management Document (2015)

 

16        Prior to first occupation of the development a Waste Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The plan shall detail how the development will provide for the storage and collection of general refuse and re-useable and recyclable waste and what strategies will be in place to reduce the amount of general refuse over time. Waste management at the site shall be carried out in accordance with the approved strategy from first occupation and be retained in perpetuity.

 

Reason:  To ensure that satisfactory waste management is undertaken in the interests of highway safety, visual and general 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 advice contained within the Design and Townscape Guide (2009).

 

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17        No externally mounted plant equipment for the development hereby approved shall be installed until and unless full details of its location, design and technical specifications and a report detailing any mitigation measures proposed in respect of its noise impacts has been submitted to, and approved in writing by, the Local Planning Authority. With reference to British Standards BS4142 the noise rating level arising from all plant equipment at the site shall be at least 5dbB(A) below the prevailing background at 3.5 metres from the ground floor facades and 1m from all other facades of the nearest noise sensitive property.  Implement plant only in accordance with details approved under this condition.

 

Reason: To protect the amenities of nearby residential occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

18        Prior to commencement above ground floor of the development hereby approved a scheme of noise mitigation measures to protect adjoining and nearby residents from noise generated within the development shall be submitted to and approved in writing by the local planning authority. The agreed measures shall be implemented in full prior to first use of the development hereby permitted and shall be retained thereafter for the lifetime of the development.

 

Reason: To protect the amenities of nearby residential occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

Informatives:

 

1          Community Infrastructure Levy Liability Notice: You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero under the CIL Regulations 2010 (as amended) due to the specific nature of the use. However, should the nature of the use change then you are advised to contact the Planning and Building Control Group to discuss the requirement for planning permission and CIL liability.

 

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.

 

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3          Cadent have identified operational gas apparatus within the application site boundary. This may include a legal interest (easements or wayleaves) in the land which restricts activity in proximity to Cadent assets in private land. The Applicant must ensure that proposed works do not infringe on Cadent's legal rights and any details of such restrictions should be obtained from the landowner in the first instance.

 

If buildings or structures are proposed directly above the gas apparatus then development should only take place following a diversion of this apparatus. The Applicant should contact Cadent's Plant Protection Team at the earliest opportunity to discuss proposed diversions of apparatus to avoid any unnecessary delays. If any construction traffic is likely to cross a Cadent pipeline then the Applicant must contact Cadent's Plant Protection Team to see if any protection measures are required. All developers are required to contact Cadent's Plant Protection Team for approval before carrying out any works on site and ensuring requirements are adhered to. Email: plantprotection@cadentgas.com Tel: 0800 688 588

Supporting documents:

 

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