Proposal: Application to vary condition 12 (deliveries and refuse collection hours) to vary delivery hours to allow newspaper deliveries (Minor Material Amendment to planning permission 18/00679/AMDT dated 05.11.2018).

Applicant: One stop Stores Limited

Agent: Calfordseaden LLP

 

Resolved:-

 

(a)        That the Director of Planning and Transport or Group Manager of Planning & Building Control be DELEGATED to GRANT PLANNING PERMISSION subject to expiration of the press notice and completion of a PLANNING AGREEMENT UNDER SECTION 106 of the Town and Country Planning Act 1990 (as amended) and all appropriate legislation to seek the following:

 

·         A minimum of 9 units of affordable rented housing units (20% of overall provision) comprising 2x1 bed and 7x2 bed units.

·         Provision of Travel Packs for residents.

·         Retail Travel Plan.

 

(b)        That the Director for 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 shall be carried out and retained in accordance with the approved plans:

 

Location plan 001

16.563 200 P6 Proposed site plan and street scene

2244-17 rev 8 Soft landscaping - planting

FRNT_16.563_201_P4 Block A floor plans

FRNT_16.563_202_P4 Block B floor plans

FRNT_16.563_203_P4 Block C Floor Plans

FRNT_16.563_204_P4 Block A elevations

FRNT_16.563_205_P4 Block B elevations

FRNT_16.563_206_P4 Block C elevations

FRNT_16.563_208_P4 Proposed overview floor plans

 

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

 

02        Soft landscaping shall be retained at the site in accordance with the approved plan No.2244-17 Rev 8. If any trees are removed or found to be dying, severely damaged or diseased within 5 years of planting them, they must be replaced with trees of a similar size and species.

 

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

 

03        The development shall only be occupied in accordance with the agreed car park management plan approved under the application with planning reference 19/00447/AD. The parking spaces and car parking layout shall be permanently retained for the parking of occupiers, staff and visitors to the development.

 

Reason: To ensure that the car parking is available and satisfactorily managed in the interests of traffic management and highway safety in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

04        The waste management and servicing of the development shall be carried out only in accordance with the details approved under the applications with planning references 18/02258/AD and 18/00290/AD.

 

Reason: To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken 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).

 

05        Secure, covered cycle parking shall be provided and thereafter retained to serve the residential development and the retail/commercial unit, in accordance with the details approved under application reference 18/00053/AD.

 

Reason: To ensure that adequate 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 Development Management Document (2015).

 

06        Construction shall be carried out in accordance with the Construction Method Statement approved under application reference 17/00883/AD. The approved Statement shall be adhered to throughout the construction period.

 

Reason: In the interests of visual amenity and to protect the amenities of occupiers of the development and surrounding occupiers pursuant to Policy CP4 of the Core strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

07        With reference to BS4142, the noise rating level arising from all plant and extraction/ventilation equipment shall be at least 5dB(A) below the prevailing background at 3.5 metres from ground floor façades and 1 metre from all other façades of the nearest noise sensitive property with no tonal or impulsive character.

 

Reason: In order to protect the amenities of occupiers of the development and surrounding occupiers and to protect the character and visual amenities of 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).

 

08        The retail use hereby permitted shall not be open to customers outside the following times: 07:00 to 23:00 hours on any day.

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and amenities of 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).

 

09        No deliveries or refuse collection shall be taken at or despatched from the retail unit outside the hours of 07:00-19:00 hours Mondays to Fridays and 08:00-13:00 hours on Saturdays nor at any time on Sundays, Bank or Public Holidays, with the exception of newspapers and magazines deliveries only, which shall be limited to one delivery per day by means of a vehicle no larger than a Category N1 as defined by the Vehicle Certification Agency (or equivalent category in the event of a future change of categorization or certification body) between the hours of 05:30-19:00 hours and prior to 07:00 shall not be delivered with means of trolleys or cages and from the roadside only.

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and amenities of 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).

 

10        The development shall be retained in accordance with the details of the implementation, maintenance and management of the scheme for surface water drainage works that have been approved in application reference 18/00053/AD.

 

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 Policies KP2 and CP4 of the Core Strategy (2007) and area in accordance with Policy DM2 of the Development Management Document (2015).

 

11        External lighting shall be provided at the site in accordance with the details approved under application reference 19/00214/AD. No additional external lighting shall be installed on the building without the consent of the Local Planning Authority.

 

Reason: In the interest of the visual amenities and character of the area, and to protect the amenities of surrounding occupiers in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

12        The development shall be retained in accordance with the scheme for protecting the dwellings from noise from road traffic approved in application reference 18/00053/AD.

 

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

 

13        Demolition or construction works shall not take place outside 07:30hours to 18:00hours Mondays to Fridays and 08:00hours to 13:00hours on Saturdays nor at any time on Sundays or Bank Holidays.

 

Reason: In order to protect the amenities of occupiers of the development 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).

 

14        Landscape management of the development, including management responsibilities and maintenance for all landscape areas shall be carried out only in accordance with details approved under application reference 17/00884/AD.

 

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

 

15        The development shall be retained in accordance with the scheme of photovoltaic cells approved in application reference 18/00053/AD.

 

Reason: To ensure the development maximises the use of renewable energy, in accordance with Policy KP2 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

16        Any shopfront shall be installed in accordance with the approved details in application reference 19/00826/AD. The approved shopfront shall be installed prior to first occupation of the retail unit.

 

Reason: In order to protect the character and visual amenities of the area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015).

 

17        Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2007, or any order revoking and re-enacting that Order with or without modification, no advertisement shall be displayed on the building without the prior written consent of the Local Planning Authority.

 

Reason: In the interest of the visual amenities of the area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM13 of the Development Management Document (2015).

 

18        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (2015) (as amended) (or any order revoking, re-enacting or modifying that Order), no structures such as canopies, fences, loggias, trellises or satellite or radio antennae shall be installed within the development or on the buildings unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to protect the character and visual amenities of the development and surrounding area in accordance with Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM1 of the Development Management Document (2015)

 

19        The commercial floor space hereby approved shall only be occupied for uses falling within Use Class A1 retail and shall not be used for any other purpose and for no other purpose including any within Classes A2, A3, A4 and A5, C3 or D1 of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force). The hereby approved Use Class A1 retail floorspace shall also not be used for any alternative uses otherwise permitted under the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any order revoking or re-enacting that Order).

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character and amenities of 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).

 

Informatives

 

01        Please note that the development 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).

 

02        The applicant is reminded that this permission does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974. The provisions apply to the construction phase and not solely to the operation of the completed development. Contact 01702 215005 for more information.

 

03        The applicant is reminded that this permission does not bestow compliance with the Licensing Act 2003. Applicants should contact the Council’s Licensing Team for more advice on 01702 215005.

 

04        An application to discharge trade effluent must be made to Anglian Water and must have been obtained before any discharge of trade effluent can be made to the public sewer. Anglian Water recommends that petrol / oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of such facilities could result in pollution of the local watercourse and may constitute an offence. Anglian Water also recommends the installation of a properly maintained fat traps on all catering establishments. Failure to do so may result in this and other properties suffering blocked drains, sewage flooding and consequential environmental and amenity impact and may also constitute an offence under section 111 of the Water Industry Act 1991.

 

05        There is clear evidence that the installation of Automatic Water Suppression Systems (AWSS) can be effective in the rapid suppression of fires. Essex County Fire and Rescue Service (ECFRS) therefore uses every occasion to urge building owners and developers to consider the installation of AWSS. ECFRS are ideally placed to promote a better understanding of how fire protection measures can reduce the risk of life, business continuity and limit the impact of fire on the environment and local economy. Even where not required under Building Regulation’s guidance, ECFRS would strongly recommend a risk base approach to the inclusion of AWSS, which can substantially reduce the risk to life and of property loss. We would also encourage developers to use them to allow design freedom, where it can be demonstrated that there is an equivalent level of safety and that the functional requirements of the regulations are met.

06        The applicant is reminded that additional water supplies for fire-fighting may be necessary for this development. The applicant is urged to contact the Water Technical Officer at Service Headquarters tel 01376 576342.

 

07        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.

 

(c)        In the event that the planning obligation referred to in Part 9(a) above has not been completed by 5th March 2020 or a later date that has been agreed in writing by the local planning authority, the Director of Planning and Transport or Group Manager (Planning & Building Control) be authorised to refuse planning permission for the application on the grounds that the development will not provide for affordable housing and necessary transport mitigation measures contrary to the objectives of the National Planning Policy Framework, Policies KP1, KP2, KP3, CP3, CP4 and CP8 of the Southend-on-Sea Core Strategy (2007), Policies DM1, DM3, DM7 and DM15 of the Southend-on-Sea Development Management Document (2015). In the absence of these planning obligations the application is found to be unacceptable.