have been considered in the context of the Borough Council s Environmental Charter

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                                                                                                               Agenda
                             Southend-on-Sea Borough Council                                                    Item


                                             Report of the Corporate Director of
                                           Enterprise, Tourism & the Environment
                                                                 to
                                               Development Control Committee
                                                               On
                                                        15th August 2007
                                                Report prepared by : Planning Officers
                                               Report on Planning Applications
                                                      A Part 1 Agenda Item

      INTRODUCTION

      (i)       Recommendations in capitals at the end of each report are those of the
                Corporate Director of Enterprise, Tourism & the Environment, are not the
                decision of the Committee and are subject to Member consideration.

      (ii)      All plans have been considered in the context of the Borough Council's
                Environmental Charter. An assessment of the environmental implications of
                development proposals is inherent in the development control process and
                implicit in the reports.

      (iii)     Reports will not necessarily be dealt with in the order in which they are printed.

      (iv)      The following abbreviations are used in the reports:-

                AW            Anglia Water plc
                                    -
                BLP           Borough Local Plan
                                    -
                CAA           Civil Aviation Authority
                                    -
                DCL           Director of Children and Learning
                                    -
                DCS           Director of Community Services
                                    -
                DEFRA         Department of Environment, Food and Rural Affairs
                                    -
                DTLR          Department of Transport Local Government & The Regions
                                    -
                EA            Environmental Agency
                                    -
                ESRSP         Essex and Southend Replacement Structure Plan
                                    -
                EPOA          Essex Planning Officer’s Association
                                    -
                ODPM          Office of the Deputy Prime Minister
                                    -
                PPG           Planning Policy Guidance Note
                                    -
                SSSI          Sites of Special Scientific Interest. A national designation.
                                    -
                              SSSIs are the country's very best wildlife and geological sites.
                SPA         - Special Protection Area. An area designated for special
                              protection under the terms of the European Community
                              Directive on the Conservation of Wild Birds.
                Ramsar Site – Describes sites that meet the criteria for inclusion in the list of
                              Wetlands of International Importance under the Ramsar
                              Convention. (Named after a town in Iran, the Ramsar
                              Convention is concerned with the protection of wetlands,
                              especially those important for migratory birds)


    9a253f70-d146-415d-8575-051a56e534b9.doc                  Page 1 of 80               Report No:   DETE07/085 - FINAL
  Thorpe Ward

  SOS/07/00736/FULM

  DEMOLISH  BUILDINGS,  ERECT   PART   TWO/PART THREE/PART
  FOUR/PART FIVE STOREY BLOCK OF 24 FLATS WITH BALCONIES,
  ROOF TERRACES, REFUSE STORE, LAY OUT 24 CAR PARKING
  SPACES, CYCLE STORE, LANDSCAPING AND FORM VEHICULAR
  ACCESS ONTO LIFSTAN WAY (AMENDED PROPOSAL)

  164-167 Eastern Esplanade, Southend-on-Sea

  Churchgate Properties                                              Russ Drage Architects




  1         The Proposal
            Site Area (net)                :             1489m2
            No. of units                   :             24 flats (21 x 2 bed, 3 x 1 bed)
            Parking spaces                 :             24
            Cycle Parking                  :             1 space per dwelling
            Motorcycle Parking             :             2 spaces
            Amenity space                  :             private balconies/terraces
            Density                        :             161 dwellings/ha
  1.1.      Planning permission is sought to demolish the existing buildings on the site and
            erect a block of 24 self contained flats up to five storeys high. The building will
            be sited close to the back edge of footpath along Eastern Esplanade and most
            of the frontage to Lifstan Way. There is a greater setback in the north eastern
            corner of the site to accommodate an existing street tree. Access to the site is
            proposed from Liftstan Way to a parking area at the rear of the site which
            provides 24 off street parking spaces.


9a253f70-d146-415d-8575-051a56e534b9.doc       Page 2 of 80                Report No:   DETE07/085 - FINAL
  1.2.      The design of the scheme is contemporary in nature with a large amount of
            glazing to the south to maximise water views. Two entrances are proposed,
            one within each elevation of the building and the scheme also proposes the use
            of renewable energy systems through solar panels.

  1.3.      No amenity space is proposed at ground floor level, however there are some
            balconies and private terraces proposed for a number of flats.

  1.4.      The application is supported by a Design and Access Statement, Transport
            Statement, Flood Risk Assessment and supporting statement for loss of the
            existing guest house.

  2         Location and Description

  2.1.      The subject site is located on the northern side of Eastern Esplanade on the
            western corner of Lifstan Way. The site is presently occupied by four buildings,
            one of which has been converted into flats, a guest house and a pair of semi
            detached houses.

  2.2.      The area is mixed in its character with residential development and some
            hotels, guest houses and bed and breakfast accommodation. The height of
            development in this location varies from two storeys up to four storeys, some of
            which is traditional seaside vernacular, while others are purpose built flat
            developments. Within Lifstan Way there are traditional Victorian terraces. To
            the south of the site benefits from extensive views over the estuary.

  3         Development Plan

  3.1.      PPS 3 (Housing), PPS 25 (Development and Flood Risk)

  3.2.      ESRSP Policies CC2 - Development at Risk on the Coast, CS1 - Achieving
            Sustainable Urban Regeneration, CS2 - Protecting the Natural and Built
            Environment, CS4 - Sustainable New Development, BE1 - Urban
            Intensification, BE5 - Planning Obligations, EG4 - Energy Conservation, H2 -
            Housing Development - The Sequential Approach, H3 - Location of Residential
            Development, H5 - Affordable Housing, T3 - Promoting Accessibility, T6 -
            Walking and Cycling, T11 - Traffic Management, T12 - Vehicle Parking.

  3.3.      LDF: Development Plan Document 1 (Core Strategy) – KP2 (Development
            Principles), CP3 (Transport and Accessibility), CP8 (Dwelling Provision).
            Supplementary Planning Document 1 (Design and Townscape Guide). Draft
            DPD (Seafront Area Action Plan).

  3.4.      BLP Policies C11 (New Buildings, Extensions and Alterations), C14 (Trees,
            Planting and Landscaping), H3 (Retention of Small Family Houses), H5
            (Residential Design and Construction), H6 (Protecting Residential Character),
            H7 (Formation of Self Contained Flats), L7 (Retention of Hotel and Guest
            House Uses), T1 (Priorities), T8 (Traffic Management and Highway Safety),
            T11 (Parking Standards), T13 (Cycling and Walking).

  3.5.      EPOA Vehicle Parking Standards.




9a253f70-d146-415d-8575-051a56e534b9.doc      Page 3 of 80           Report No:   DETE07/085 - FINAL
  4         Planning History

            159-161 Eastern Esplanade (adjoining site to west)

  4.1.      Oct 2001 – Planning permission granted to demolish existing buildings; erect
            part two/part four storey block of 16 flats with garages and parking at rear and
            vehicular access onto Bryant Avenue (SOS/00/01162/FUL). Recommended
            for refusal by officers on the grounds of the loss of a hotel in the Visitor
            Accommodation Area contrary to Policy L7 of the Borough Local Plan and
            referred to full Council by DCC.

            165 Eastern Esplanade (part of application site)

  4.2.      Feb 2001 – Planning permission refused to use guest house (Class C1) as
            dwelling house (Class C3) (SOS/01/00024/FUL). Reason for refusal:

            Loss of guest house accommodation in the Visitor Accommodation Area

  4.3.      2005 – Planning permission granted to use ground floor front part of guest
            house as tea-room (SOS/04/01866/FUL).

            164–167 Eastern Esplanade

  4.4.      Application withdrawn to demolish buildings, erect part two/part
            three/part four/part five storey block of 24 flats with balconies, roof
            terraces, layout parking and landscaping (SOS/07/00216/FULM).

  5         External Consultation

  5.1.      Environment Agency – LPA needs to apply the sequential test and demonstrate
            that there are no reasonably available sites in areas of lower probability of
            flooding that would be appropriate for the development (PPS 25). Where the
            LPA is satisfied that the sequential test has been passed the Exceptions test
            must be passed. Residential development is classified as ‘More Vulnerable’
            and should only be permitted in Zone 3 if the exception test is passed.

  5.2.      Essex and Suffolk Water – no comment.

  5.3.      Police Architectural Liaison Officer – to be reported.

  5.4.      Essex County Fire and Rescue – consult with water technical officer.

  6         Internal Consultation

  6.1.      Highway Comment – Redundant vehicle crossings should be reinstated at the
            developers expense. A contribution for the improvement of the bus stops near
            the site should sought (£10,000).

  6.2.      Environmental Health Comment – number of bins proposed is acceptable (4 x
            waste, 3 x recycling).

  6.3.      Leisure Services Comment – All trees removed as part of the development
            should be replaced 2 for 1 inline with the Council’s tree policy. From the plans
            three trees are highlighted for removal. Trees to be retained should be
            protected in line with BS5837.


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  6.4.      The area around 164-167 limited recreational space and free facilities in
            relationship to the number of residential properties in the area.         This
            development will have a negative impact on the available facilities. Therefore
            we would ask that the developer contributes a sum for improvements to open
            space and recreational facilities.

  6.5.      Within the design, access and sustainability statement it is stated that the use
            of rain water for irrigation and flushing of WCs. However I cannot find
            reference to this on the plans. Due to the nature of some of the planting we
            would wish to see this approach to water use and conservation incorporated in
            the final design.

  6.6.      Housing Comment – Will accept an off site provision for affordable housing of a
            four bed house in lieu of two flats on site provided the property is of a lettable
            standard and is available and ready for nomination prior to the esplanade
            development being completed.

  6.7.      Education Comment – contribution of £17,814.89 requested for secondary and
            post 16 education.

  7         Publicity

  7.1.      Press notice, site notice and neighbour notification. 38 objections received on
            the following grounds:
            ♦         Loss of B&B accommodation
            ♦         Concern over pedestrian safety, particularly children
            ♦         Strain on local infrastructure
            ♦         Only adding to the ‘concrete jungle’ of flats along the seafront
            ♦         Already enough flats, needs local facilities such as shops, chemist etc
            ♦         5 storeys is too high in this location
            ♦         Consideration needs to be given to flood risk
            ♦         Will incrementally make traffic congestion worse
            ♦         Southend is already overcrowded
            ♦         Need to safeguard good family homes
            ♦         Ratio of flats to houses is spoiling the seafront
            ♦         Lack of off street parking
            ♦         The borough is well ahead of its housing targets
            ♦         Does not provide affordable housing
            ♦         Overdevelopment of the site
            ♦         Poorly sited access
            ♦         Design does not relate to surrounding development
            ♦         Will make accessibility to local shopping facilities even more difficult
                      (particularly for disabled people)
            ♦         Overshadowing of adjacent properties
            ♦         Proposed building will extend a lot further back than the existing
                      buildings which is an overdevelopment of the site
            ♦         Loss of property value to surrounding homes
            ♦         1326 pro forma letters received objecting on the following grounds:
            ♦         Scale and over dominance of the surrounding properties. Five storey
                      frontage is overbearing and excessively bulky given its proximity to the
                      pavement




9a253f70-d146-415d-8575-051a56e534b9.doc        Page 5 of 80            Report No:   DETE07/085 - FINAL
            ♦         Flatted development should be limited to 10% of a block. The block in
                      question has in excess of 50% flatted development. The whole of
                      Eastern Esplanade from the Kursaal to Warwick Road has total flatted
                      development of 23%. The development is contrary to Policy H6 and
                      would have an adverse affect on the environment.
            ♦         There is insufficient off street parking in an area of parking stress.
            ♦         There will be an increase in vehicular access to the site with the access
                      being close to the junction of Eastern Esplanade and Liftstan Way
            ♦         The cumulative effect of the flat development will erode the character of
                      the area and lead to a significant loss of family dwellings. If allowed, the
                      development will damage the character of Southend’s seafront.
            ♦         Between Victoria Road and Warwick Road, the residential section of
                      Eastern Esplanade purpose built flats represents 35% of total frontage.
                      This will increase to 39% which is at odds with Policy H6 of the Local
                      Plan.
            ♦         The development does not respect or enhance the character of the area
                      or local amenities. The overdevelopment of the site is detrimental to the
                      visual amenities due to its size, design and bulk which is exacerbated on
                      this corner site.
            ♦         Residential redevelopment and conversions have helped to achieve the
                      Council’s objectives (currently exceeded by 34%) in recent years
                      however the cumulative impact of these schemes should be carefully
                      considered in terms of character and amenity. Already we have seen
                      the Borough’s townscape and in particular the seafront being brutalised
                      by insensitive and inappropriate design and development.
            ♦         letters advising of no objection provided the building is not greater than 3
                      storeys.
  7.2.      Letters of support from 165, 166 and 167 Eastern Esplanade.

  8         Appraisal

  8.1.      The planning issues are flooding implications, character assessment, loss of a
            guest house and loss of a single family dwelling house, density, design and
            impact within the public realm, impact on neighbours and potential future
            occupiers, access and parking implications, flood risk assessment, waste
            management and planning obligations.

            Flood Risk – Sequential Test

  8.2.      Flood risk is a material planning consideration and is relevant to this application
            as the site lies within flood zone 3, the high risk zone as defined in Table D1 of
            Planning Policy Statement 25 – Development and Flood Risk and illustrated by
            the Flood Zone Maps produced by the Environment Agency. The Council is
            required to apply the sequential test which is a risk based approach to
            determine the suitability of land for development as outlined in PPS 25. The
            aim of the test is to steer new development to areas of the lowest probability of
            flooding (Zone 1). Flood Zone 1 is defined as being all the land falling outside
            Zones 2 and 3 (ie: land assessed as having a less than 1 in 1000 annual
            probability of river or sea flooding in any year. These Flood Zones refer to the
            probability of sea and river flooding only, ignoring the presence of existing
            defences. The essence of PPS 25 is to avoid flood risk where possible rather
            than manage and mitigate flood risk in zones with a higher probability of
            flooding. The Local Plan shows that the Borough still has ‘reasonably available’
            allocated sites within flood zone 1 which have been identified for housing
            purposes and therefore it is considered that the current application fails the
9a253f70-d146-415d-8575-051a56e534b9.doc          Page 6 of 80             Report No:   DETE07/085 - FINAL
            sequential test within PPS 25 and therefore the principle of redevelopment of
            the site for residential use is unacceptable.

            Character of the Area – Policy H6

  8.3.      With regard to the principle of a flatted development in this location, Policy H6
            of the Local Plan refers to protection of the character and amenities of
            residential streets to ensure they remain attractive for single family housing
            use. The policy thus seeks to limit the number of new build schemes to not
            more than 10% of the total residential frontage in the street block. When a
            street block is of limited length, as it is in this instance (ie: between Bryant Ave
            and Lifstan Way), an assessment of the overall character of the street will be
            considered. Although the site has two street frontages, the Eastern Esplanade
            frontage is of most relevance in assessing the character of the locality. There
            are four buildings within the application site, two which are flat conversions, one
            guest house and one house. Of the four buildings to be demolished, the
            application of Policy H6 is only relevant to the existing house.

  8.4.      In extending the scope of assessing the character of the street, the relevant
            frontage is considered to be the section of Eastern Esplanade running between
            Victoria Road and Warwick Road. This provides a reasonable length of the
            esplanade in order to assess the prevailing character. This section of Eastern
            Esplanade is approximately 1km in length and contains a mixture of
            commercial and residential land uses. The commercial uses consist mainly of
            hotels, guest houses, bed and breakfasts, public houses, café/restaurant and
            some small retail units. The majority of development is of a residential nature
            with flats (both conversions and new build) being the dominant land use. Some
            of the traditional Victorian houses remain along this section of Eastern
            Esplanade however several have been converted into flats, altered to other
            uses such as short stay accommodation or demolished for alternative
            developments.

  8.5.      There have already been a number of purpose built flat schemes within this
            section of Eastern Esplanade as well as a number of flat conversions. Such is
            the level of flatted development, according to Council records, there are only 17
            houses within this 1km section of Eastern Esplanade. As such it is clear that
            the 10% has been exceeded. However, it is also contended that Eastern
            Esplanade is not purely a residential street given the consistent presence of
            commercial activity and therefore the relevance of Policy H6 is of limited weight
            in this instance. Notwithstanding that Policy H6 relates only to the loss of the
            existing house and although some of the original housing stock remains, the
            proportion of flats together with the commercial uses means that any character
            of this section of the seafront as an area for single family dwelling use has
            largely been eroded. It is therefore considered that the proposal for a new build
            flat scheme per se would not materially alter the character of the area and as
            such is not contrary to Policy H6 of the Borough Local Plan.

            Loss of a Guest House – Policy L7

  8.6.      With regard to the existing guest house, Policy L7 within the Local Plan seeks
            to restrict the loss of hotels and guest houses within the Visitor Accommodation
            Area as defined on the Local Plan Proposals Map. The site falls within this
            area. A supporting statement has been submitted with the application which
            outlines the reasons why the loss of the guest house would be appropriate in
            this instance. The property consists of five double rooms and one single room,

9a253f70-d146-415d-8575-051a56e534b9.doc        Page 7 of 80            Report No:   DETE07/085 - FINAL
            three of which have en-suite facilities. Current occupancy rates are reported to
            be between 25-30%. The report states that the current owners have owned the
            property since 2004 and that turnover for the property declined from 2005 to
            2006. It goes on to state that the owners have pursued advertising and
            marketing campaigns, however given limited budgets this has been
            unsuccessful in improving the business. The owners have requested agents to
            dispose of their interests in the property, although no evidence has been
            provided to support this. In terms of planning history the property has already
            been refused planning permission for conversion to a dwelling house in
            February 2001. However the Council (Full Council) did allow the loss of a 22
            bedroom hotel on the adjacent site for a new build flat development in October
            2001.

  8.7.      Reports on the economic impact of tourism within Southend were produced in
            2002 and 2004. These reports indicate that just over 6 million day visitors
            make up the majority of tourists within Southend. With regard to staying
            visitors, the trend between 2002 and 2004 was that the number increased by
            13.4% or 37,900 visitors. The ‘staying visitor spend’ also increased by 30.2%
            or £9.1 million over the same period. However the majority of staying visitors,
            stayed with friends and relatives although this did decline from 71% in 2002 to
            62% in 2004. In contrast, serviced accommodation showed an increasing trend
            from 18% to 26%. While the majority of visitors to Southend are staying with
            friends and relatives the trend between 2002 and 2004 indicate an increased in
            the use of serviced accommodation. Although these figures point to an
            increasing trend in the number of staying visitors and use of serviced
            accommodation, it should be noted that no reference is made to occupancy
            rates of existing facilities. Thus it does not provide a clear indication as to
            whether the supply of existing accommodation catered for the increase in
            staying visitors.

  8.8.      Although the tourism reports do not refer to occupancy rates, there have been
            recent developments and planning permissions in relation to additional short
            term accommodation within the locality which would suggest there is additional
            demand. There has been a hotel built to the rear of the Halfway House
            (Premier Inn) and construction is currently underway for the hotel on the former
            gas works site (67 beds). Outline planning permission has also been granted
            for Marine Plaza which includes a 100 bedroom hotel and the Palace Hotel
            (144 beds) is currently being refurbished. Thus there has been a significant
            increase in the level of hotel development (both existing and committed) along
            the seafront. While it is recognised that not all staying visitors may want to stay
            in a hotel and there is a market for alternative forms of accommodation, it is not
            considered that the loss of a six bedroom guest house would undermine the
            viability of short term accommodation within this location, as such it is not
            considered contrary to Policy L7 of the Borough Local Plan.

            Loss of a Single Family Dwelling

  8.9.      With respect to Policy H3 of the Local Plan, this seeks to restrict the loss of
            small single family dwelling houses which are defined as having a gross floor
            area of less than 125m2 as originally constructed. A calculation has been made
            of the gross floor area of the building at no.167 which is approximately 140m 2
            and therefore the loss of this building does not conflict with Policy H3 despite
            the building being in use as a house.



9a253f70-d146-415d-8575-051a56e534b9.doc       Page 8 of 80             Report No:   DETE07/085 - FINAL
            Density

  8.10. In relation to the density of the scheme, sustainable development principles
        seek re-use of previously developed land however this should not be at the
        expense of the quality of the environment. PPS 3 (Housing) recognises that
        well designed schemes can lead to more efficient use of land without
        compromising the local environment. The scheme proposes a density of
        approximately 160 dwellings per hectare. The design quality of the scheme is
        discussed in the paragraphs below.

            Design and Impact within the Public Realm

  8.11. In terms of context the Design and Townscape Guide states that the character
        of all immediate neighbours and the wider townscape should inform the layout,
        scale and design of any new development. A design solution that is
        appropriate for one site is not necessarily appropriate in other areas. New
        development should build on the positive aspects of local character, not usually
        copy it. The general character of the area varies from two to four storeys.
        Although there is a variation in the storey heights, all buildings within this
        section of Eastern Esplanade are of a similar height due to the various
        architectural styles which range between traditional seaside vernacular,
        Victorian terraces and purpose built flat blocks. The new build flat block
        immediately to the west is four storeys with the top floor set back and to the
        east the building is a more traditional 2½ storeys with generous storey heights
        (3 storeys at the rear). The draft Seafront Area Action Plan notes that the
        character of this section of the seafront is no greater than four storeys.

  8.12. Overall the design detail is considered to be of high architectural quality and
        this is welcomed. The proposed inclusion of renewable energy sources (solar
        panelling) is also a welcome element of this hi-spec residential development.
        However previous concerns were raised with regard to the scale of the building,
        particularly with respect to the fifth storey. The applicant has amended the
        scheme setting the upper floor further back from the fronting building line and
        removed the ‘tower’ element of the stairwell from the front elevation. This has
        helped reduce the vertical scale of the building. In terms of its impact within the
        streetscene, the building will appear as a four storey building, with the top floor
        only being visible from long vistas, particularly from the east along the seafront.
        The building will therefore be of a similar scale to the adjacent building to the
        west. With respect to its relationship with development to the east, there is a
        natural break in the built form due to the site being on the corner of a road
        junction (Lifstan Way). This break coincides with a change in the vernacular
        which reverts to more traditional seaside buildings, with the exception of
        Dolphin Court. Although the vertical scale of development reduces to 2½
        storeys, on balance the building is now considered to have an acceptable
        contextual relationship in the streestcene of Eastern Esplanade. As the
        building turns the corner, the four storey element is maintained initially,
        however it then steps down to two storeys adjacent to no.7 Lifstan Way. Again,
        on balance, this is considered to be acceptable within the context of the existing
        development in Lifstan Way.




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            Impact on Neighbours

  8.13. With regard to the impact on the neighbouring properties, there are no
        particular concerns raised with respect to the relationship of the building with
        the adjoining flat block to the west. The depth of the proposed building along
        the Eastern Esplanade frontage respects the siting of the existing flat block and
        the rear of the return frontage along Lifstan Way is 19.5m from the western
        boundary. Thus there are no concerns raised with regard to loss of privacy
        through overlooking as the rear of the adjacent site is laid out for car parking.
        With regard to the rear of the section of building along the Eastern Esplanade
        frontage (which includes roof terraces), this has a separation of 30m from the
        northern boundary of the site and the internal layout is such that rooms facing
        the rear of the site are bedrooms. While the roof terraces will provide an
        outlook to the north the water views are to the south and therefore given the
        separation and orientation it is not considered that this would cause material
        harm to the neighbours to the north in terms of overlooking. There is also a
        roof terrace on the Lifstan Road frontage associated with unit no. 24. There
        are no windows in the flank wall of the adjacent property to the north and a
        separation of 16.5m from the closest point of the terrace to the rear garden.
        Furthermore there are existing terraces at the rear of the existing buildings thus
        it is not considered that the relationship is materially worse in terms of the
        potential for loss of privacy through overlooking. With regard to the neighbour
        to the east, there are some windows in the flank elevation at the rear of the site,
        however there is a separation of at least 20m and therefore it is not considered
        the proposed building will be material harmful in terms of overlooking.

  8.14. With regard to loss of daylight, the Building Research Establishment (BRE) set
        out guidelines varying in complexity in terms of methods of assessing
        daylighting and overshadowing. The BRE Guide identify adequate building
        separation to ensure good interior daylighting using the 25 degree method and
        to minimise overshadowing using the 43 degree method. The 25 degree
        method is more onerous and this has been applied to the proposed
        development. To assess the impact of a proposed building, a 25 degree angle
        is measured at 2m above ground level from the adjacent properties. The
        scheme is considered to satisfy the test with respect to the 25 degree rule. It is
        therefore considered that the proposed development will not materially impact
        on adequate daylight for the neighbouring properties.

            Impact on Potential Future Occupiers

  8.15. In relation to the impact on potential future occupiers, the size of the proposed
        flats is considered particularly generous and will have the added feature of
        private balconies and terraces which are welcomed. However there is no
        communal amenity space proposed on site, although this is a similar situation
        with the adjacent flat block. The site is within close proximity to Southchurch
        Park which is approximately 100m walk. Nevertheless given the increase in the
        number of residents proposed on the site and the likelihood of families being
        potential future occupiers, a contribution towards the improvement of
        recreational facilities in the locality is reasonable. This will be further discussed
        further with respect to planning obligations.




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            Off Street Parking

  8.16. With respect to access and off street parking, it is proposed to provide the
        access onto Lifstan Way and this is considered acceptable. The scheme
        includes one off street parking space per dwelling. This is considered
        acceptable for such a location as the site is well served by buses as there are
        stops immediately outside the site on Eastern Esplanade.

            Waste Management

  8.17. With respect to waste management, the proposed refuse storage area meets
        the Council’s waste management guidelines.

            Planning Obligations

            Affordable Housing

  8.18. The Core Strategy indicates that a minimum of two affordable units should be
        supplied for a development containing this number of dwellings. Consultation
        with Community Housing has indicated that the hi-spec nature of the scheme is
        unlikely to make the scheme ‘affordable’ and therefore has agreed to an off site
        four bed dwelling in lieu of two on site units. The applicant has agreed this
        matter.

            Public Transport

  8.19. Highways have requested £10,000 for bus stop improvements adjacent to the
        site. There is a desire to secure real time information and shelters for all bus
        stops within Southend. The applicant has not yet agreed this matter.

            Education

  8.20. A request for £17,814 has been made for a contribution towards educational
        facilities due to the limited availability of places, particularly at secondary level.
        The applicant has not yet agreed this matter.

            Leisure and Recreation

  8.21. Leisure Services have recognised that there is no space for active play on the
        site and therefore consider a financial contribution reasonable given the
        increase pressure on public facilities in the locality. The site is in close
        proximity to Southchurch Park and the beach and therefore the applicant has
        offered £10,000 towards play facilities at Jubilee Beach.




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  8.22. Despite the proposal overcome previous concerns regarding the scale and bulk
        of the building, there is a fundamental issue with the principle of development
        of the site with respect to flood risk as it does not satisfy the sequential test
        within PPS 25.

  9         Recommendation

            Members are recommended to REFUSE PLANNING PERMISSION for the
            following reason:

            01        The Borough Local Plan still has reasonably available allocated
                      sites within flood zone 1 as identified on the Proposals Map and as
                      such the proposed development which lies within flood zone 3 fails
                      to satisfy the sequential test as set out in PPS 25 (Development and
                      Flood Risk) and therefore the principle of the development is
                      contrary to Policies CS1, CS2 CS4, H3 and CC2 of the Essex and
                      Southend Replacement Structure Plan, Policies KP1 and KP2 of
                      Development Plan Document 1 (Core Strategy) and PPS 25
                      (Development and Flood Risk).




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  Chalkwell Ward

  SOS/07/00820/FULM (Application for full planning permission)

  DEMOLISH BUILDINGS; ERECT PART FIVE/PART SIX/PART SEVEN/PART
  EIGHT/PART ELEVEN STOREY BLOCK OF 36 FLATS, FORM ENCLOSED
  SWIMMING POOL TO REAR, LAY OUT BASEMENT PARKING FOR 53
  CARS, FORM GYMNASIUM, CYCLE AND REFUSE STORAGE; LAY OUT
  LANDSCAPING AND RESERVOIR POOL TO FRONT ELEVATION (AMENDED
  PROPOSAL)

  22 The Leas, Westcliff-on-Sea, SS0 8JB

  Messrs M & O Aggarwal                                           The Livemore Partnership




  1         The Proposal

  1.1.      Amended application involving the development as set out below but with the
            following amendments:
            ♦         The swimming pool at the rear has been omitted from the scheme and a
                      garden wall added on the northern boundary;
            ♦         Passive stack cooling is not practical and cooling will have to be
                      mechanical;
            ♦         Elevational changes to facilitate the structural concrete frame, since the
                      original building concept could not be followed as stability would be
                      compromised and could not be adequately justified to meet the Building
                      Regulations;




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  1.2.      The alterations to the building as a result of the concrete frame are:
            ♦         Trees removed from the front boundary and extra vent grilles added at
                      high level to vent the car park (trees were not capable of growing in the
                      space envisioned);
            ♦         Car parking layout changed to suit concrete columns;
            ♦         Store/plant room added and building thus extended at basement level in
                      its north east corner to accommodate this, and the associated retaining
                      wall adjusted to suit;
            ♦         A sunken terrace removed on the eastern part of the basement and the
                      residents gym made larger, up to the retaining wall;
            ♦         The bin store layout has been altered (enlarged) and a lift added to the
                      ground floor refuse loading area;
            ♦         The front terraces have been moved behind the concrete columns;
            ♦         Photovoltaics removed (this was not a requirement of the previous
                      permission);
            ♦         Pool between this part of the site and the adjoined development at 23
                      will not now cascade over the edge since this would have put the car
                      park at risk of flooding;
            ♦         Windows moved slightly to allow for concrete columns;
            ♦         Door heads dropped to allow for concrete beam and increased floor
                      thickness;
            ♦         Floor levels adjusted to reflect site levels and concrete frame;
            ♦         Balcony balustrade added to lower flat on east elevation;
            ♦         ‘V’ column added to front elevation at entrance.

  1.3.      Site gross area (net)                          0.33ha (0.235ha)
            Height (storeys)                               Up to 33.5m on sloping land
                                                           (5/6/7/8/9 with basement)
            Number of units                                1 bed x 0
                                                           2 bed x 30
                                                           3 bed x 6
                                                           total 36
            Parking                                        spaces 53 (increase of 3 spaces over
                                                           approved scheme) = 147% but also
                                                           providing      for     the      adjoining
                                                           development (guideline 100-150%)
            Cycle parking                                  approx 44 (increase of 8 spaces) in
                                                           basement (guideline 1/unit 1 bed,
                                                           2/unit 2 bed + 1/8 units visitors). Also
                                                           caters for adjoining development.
            Amenity space                                  703m² formal landscape garden
                                                           including pool (423m²), courtyard
                                                           60m², reservoir pool 306m², terraces
                                                           457m². 1616m² total - 45m² per unit.
                                                           Without terraces and reservoir 21m²
                                                           per unit. (guideline 25m²).
            Density                                        109/hectare gross
            Refuse storage                                 area shown in basement, with
                                                           collection area above and lift thereto
  1.4.      Full amended application for redevelopment of this vacant former home as 36
            self-contained flats with an ‘L’ shaped building turning the corner of The Leas
            and Grosvenor Road.


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  1.5.      Vehicular access will be taken from Grosvenor Road via the existing vehicular
            access which would be extended, with a ramped entrance to the basement
            parking area. The main pedestrian access is from the front.

  1.6.      The building steps up from the west, with the highest 11 storey element closer
            to the front and eastern parts of the site. The buildings have flat and sloping
            roofed elements, are ultra contemporary and the main building has terraces on
            the front and east side, together with some smaller balconies on the east and
            west elevations and at the rear within the site.

  1.7.      A gym would be located in the basement, at the eastern side of the main
            building.

  1.8.      Landscaped gardens are shown to the front, with most of the flats having either
            additional terraces or balconies of between 7m²–12.5m².

  1.9.      The previous application’s Design and Access statement has been slightly
            amended to incorporate the above changes.

  2         Location and Description

  2.1.      The site is located on the north side of The Leas, on the western junction of the
            road with Grosvenor Road. The surrounding area is mixed in character in
            terms of landuse and building form, height and age. To the north the
            predominant use is residential and the land slopes up to the north, with a block
            of flats known as Bellway Court immediately to the north of the site – three
            storey and accommodation in the roof. To the west, the former building has
            been demolished following an appeal decision and approval for flats. Beyond
            that site is Admiral’s Place, a substantial multi-storey block of flats.

  2.2.      The previous building on the site has been demolished and groundworks have
            commenced.

  3         Development Plan

  3.1.      PPS1, PPG3, PPG13.

  3.2.      ESRSP Policies CS1 - Achieving Sustainable Urban Regeneration, HC2 -
            Conservation Areas, BE1 - Urban Intensification, H1 - Distribution of Housing
            Provision, H2 - Housing Development - The Sequential Approach, H3 -
            Location of Residential Development, H4 - Development Form of New
            Residential Developments, T12 - Vehicle Parking.

  3.3.      BLP Policies C4 (Conservation Areas), C11 (New Buildings, Extensions and
            Alterations), H1 (Housing Provision), H2 (Future Housing Needs), H5
            (Residential Design and Layout Considerations), H7 (The Formation of Self-
            Contained Flats), L7 (Retention of Hotel and Guest House Uses), EPOA
            standards. Visitor Accommodation Area. West of The Leas Conservation
            Area.

  3.4.      Design and Townscape Guide.

  3.5.      Adopted parking standards.




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  4         Planning History (recent)

  4.1.      March 2007 – permission granted for identical development description to that
            currently submitted but with 50 car parking spaces (SOS/06/00045/FUL).
            Approved following the signing of a S106 agreement dealing with affordable
            housing (off site at Palmerston Road/Station Road site), contribution towards
            an improved bus service, work to the planter outside the site, provision of
            public art, contribution towards education provision.

  4.2.      Permission granted at 23 THE LEAS on 29-3-07 for nine storey block of nine
            flats linked to and utilising parking facilities beneath the development under
            reference SOS/06/00045/FUL at no. 22 The Leas. (SOS/06/00897/FUL).

  4.3.      Current application at 23 THE LEAS Erect nine storey block of nine flats linked
            to and utilising parking facilities beneath the development under reference
            SOS/07/00820/FULM at no. 22 The Leas (amended proposal)
            (SOS/07/00850/FULM).

  5         External Consultation

  5.1.      Anglian Water – to be reported.

  5.2.      Southend Airport – to be reported.

  6         Internal Consultation

  6.1.      Highway Comment – do not appear to be any new issues from the highway
            point of view

  6.2.      Environmental Health Comment – no adverse comments but request conditions
            re: insulation between flats (not requested previously) and noise from amplified
            music and speech being inaudible in adjoining properties. Also informative re:
            permission not covering statutory nuisance.

  6.3.      ACS - Housing – no objection – Affordable housing already being developed.

  6.4.      DCL – £52,475.18 required for secondary and post 16 education places.
            (Increased by £2,000 from previous application as the costs per new pupil
            place and the regional multiplier have increased).

  6.5.      Structural engineer – full structural calculations and site investigation, including
            slope stability, are needed for submission under the Building Regulations.

  6.6.      ACS - Leisure – any existing trees should be protected in line with British
            standards. Ask for contribution towards improving facilities for public green
            open space minimum £30,000(no such contribution was applied to the previous
            S106).    Need detailed landscaping plan and questions biodiversity re:
            landscaping.

  7         Publicity

  7.1.      Press and site notice and neighbour notification – 10 objections on the
            following grounds –
            ♦         Loss of light and privacy
            ♦         Height and appearance not in keeping and higher than previous building
            ♦         Large density of flats will cause traffic and parking disruption
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            ♦         Overdevelopment
            ♦         Will tower over area and is out of proportion
            ♦         No change to previous concerns.
  8         Appraisal

  8.1.      The principle of redevelopment of this site has already been accepted and a
            detailed scheme approved. The amended details are all that the Council can
            now consider. These include the visual impact, the impact on residential
            amenities and the adjoining Conservation Area and parking and refuse storage
            implications.

  8.2.      Affordable Housing is already agreed under the previous S106 agreement to be
            provided off-site – this scheme was tied to the application site and is currently
            being developed. The provision at that site adequately caters for the Core
            strategy level of affordable housing provision. The continued provision of the
            associated site in conjunction with the development the subject of this current
            application will need to be tied to a new S106 agreement.

  8.3.      The previous education provision was approximately £2,000 lower and whilst
            there has not been a change in circumstances of the development, the way the
            contribution is calculated has changed and the amount is thus increased. It is
            considered to be reasonable to apply this new figure, having regard to the
            alteration in the calculation, which is reasonable in terms of costs increasing
            with the passage of time – this will be controlled by the new S106.

  8.4.      In terms of residential amenities, the changes now proposed will not impact
            detrimentally. Some of what is proposed involves removal of previous features.
            The remainder of the changes are in a position or of a nature that they are far
            enough away from or are such a small change that residents will not be
            impacted.

  8.5.      Regarding visual amenities, the changes made are insignificant in terms of the
            overall quality of the scheme and produce an acceptable building

  8.6.      The design of this structure is crucial to the success of the scheme. A
            satisfactory palette of materials is essential and some detail has been
            submitted but no samples (despite claims to the contrary). A condition can
            control this.

  8.7.      The proposal is still considered to preserve and even possibly enhance the
            much lower-rise Conservation Area to the east.

  8.8.      Regarding parking, the increased provision of three spaces is considered to be
            acceptable and should not encourage too much extra car-borne traffic. The
            contribution towards the bus service is still required to be part of the S106
            agreement due to the level of car parking provided and the desire to encourage
            modal shift. Cycle parking is increased and the same comments apply as for
            car parking.

  8.9.      In terms of public amenity space provision, this was not required under the
            previous application and there are no changes in circumstances that would
            warrant it now.




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  8.10. Refuse storage is shown adjacent to the vehicular entrance. This is within a
        reasonable distance of the highway. This has been amended and the
        comments of the Waste Management Group are outstanding so the
        acceptability of this arrangement has yet to be determined.

  8.11. The area in the south eastern corner of the site was previously identified as
        being the location for a piece of public art. This is unaltered and its provision
        will form part of the new S106 agreement. This is also the case for the planter
        to the south of the site.

  9         Recommendation

            Members are recommended that subject to no adverse comments
            regarding the refuse storage and collection arrangements to delegate for
            S106 for education contribution, Affordable Housing at associated site,
            bus service enhancement contribution, improvement to the planter
            outside the site and provision of public art

            and to GRANT PLANNING PERMISSION subject to the following
            conditions:
            01        commencement time limit
            02        Materials details to be submitted
            03        restriction on windows in west elevation,
            04        provision of parking spaces
            05        retention of parking,
            06        provision and retention of cycle parking
            07        refuse storage provision and retention,
            08        landscaping details submitted
            09        landscaping implemented,
            10        levels details submitted,
            11        restriction on gym and pool to residents only
            12        inaudible amplified speech or music in gym,
            13        air conditioning plant details to be submitted for gym,
            14        details of retaining wall adjacent highway
            15        full ramp details, including heating and gradient, to be submitted
                      and installed
            16        redundant crossings to be reinstated at applicant’s expense




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  Victoria Ward

  SOS/07/00752/FUL (Application for full planning permission)

  ERECT THREE STOREY BLOCK OF SIX SELF-CONTAINED FLATS, LAY
  OUT AMENITY AREA, REFUSE STORAGE, SIX CAR PARKING SPACES
  AND FORM VEHICULAR ACCESS ONTO SOUTH AVENUE (AMENDED
  PROPOSAL)

  Land and Buildings Adjacent to 9 South Avenue, Southend-on-Sea

  Colecar Holdings Ltd.                                      ACS Design Associates Ltd




  1         The Proposal

  1.1.      To erect a three storey block of six self-contained flats with six car parking
            spaces with associated access to South Avenue, cycle parking, amenity area
            and waste storage.
                      Site Area (Net)       0.0576 ha (576sqm)
                      Height                9.2 m (3 storey)
                      Number of Units       x 1 bed
                                            x 2 bed

                      Total                 6 units
                      Parking               6 spaces (100%)
                      Cycle Parking         Number not specified but shown on
                                            plans
                      Amenity Space         125 sqm (20.8 sqm per unit)
                      Density               104 dwellings/ha (net)


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  2         Location and Description

  2.1.      The site is a vacant industrial site located on the north side of South Avenue
            close to the junction with Sutton Road.

  2.2.      To the east of the site is a residential property that is owned by the same
            freeholder as the application site and has been divided into two flats.

  2.3.      To the west are the rears of residential and commercial properties that face
            Sutton Road.

  2.4.      Opposite the site is a three storey block of flats.

  2.5.      The street is generally characterised by semi-detached and terraced two storey
            dwellings.

  3         Development Plan

  3.1.      ESRSP Policies CS1 - Achieving Sustainable Urban Regeneration, BE1 -
            Urban Intensification, H2 - Housing Development - The Sequential Approach,
            H3 - Location of Residential Development, H4 - Development Form of New
            Residential Developments, BIW4 - Safeguarding Employment Land, T12 -
            Vehicle Parking.

  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), E4 (Industry and
            Warehousing), H5 (Residential Design and Layout Considerations), H6
            (Protecting Residential Character), H7 (The Formation of Self-Contained Flats),
            T11 (Parking Standards), U5 (Access and Safety in the Built Environment).

  3.3.      Core Strategy DPD Policy KP2.

  3.4.      Supplementary Planning Document: Design & Townscape Guide.

  3.5.      EPOA adopted Vehicle Parking Standards

  4         Planning History

  4.1.      2003 (SOS/03/00019/FUL) Permission was refused to demolish workshops,
            erect three storey block of six flats, lay out parking and form vehicular access
            onto South Avenue. The application was refused on grounds of loss of
            employment land, design and massing, and loss of residential amenity.

  4.2.      2004 (SOS/04/00075/FUL) Permission was refused to demolish workshops,
            erect three storey block of six flats, lay out parking and form vehicular access
            onto South Avenue (Amended Proposal). The application was refused on
            grounds of loss of employment land, design and loss of residential amenity.
            The decision was appealed and the Inspector dismissed the appeal but did not
            support the Council on the reason for refusal relating to loss of employment
            land, but supported reasons for refusal relating to the scale, appearance and
            design and impact on the neighbouring dwelling.

  5         External Consultation

  5.1.      Anglian Water – no response.

  5.2.      Environment Agency – no response.

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  6         Internal Consultation

  6.1.      Highway Comment – no perceived adverse impact; parking, waste storage and
            cycle parking all comply

  6.2.      Environmental Health Comment - there is potential for contamination at the site
            given the previous uses, two conditions requested regarding decontamination
            and waste storage.

  7         Publicity

  7.1.      Neighbours notified of application and site notice displayed – two letters
            received; one in support of the application and one stating no objection but
            raising concerns of security at the rear of the site

  8         Appraisal

  8.1.      The considerations are the principle of redevelopment, design, impact on the
            street scene, impact on neighbours, waste storage, land contamination and
            parking implications, and whether the application addresses the issues raised
            in the previous appeal decision.

  8.2.      The principle of redeveloping the site was examined at the time of the previous
            applications in 2003 and 2004. The Council refused the applications due to the
            loss of employment generating land, however at the appeal of the 2004
            decision this reason was not supported by the Planning Inspectorate. As there
            has been no change in the adopted development plans or other material
            change in circumstance, it is considered that it would not be reasonable to
            refuse the scheme on the ground of loss of employment land.

  8.3.      The Inspector objected to the scale, appearance and design of the 2004
            scheme. The proposed block has been designed to fit within the street scene
            taking reference from the houses in the immediate vicinity. The appearance is
            in keeping with those surrounding and is a modern interpretation of the
            traditional form of the nearby buildings. It is considered that the design
            approach is appropriate to the location and that overall the appearance of the
            scheme is acceptable. The design also includes the location of the building
            and this is still close to the property at 9 South Avenue and any potential impact
            on the residents will need to be considered.

  8.4.      It is considered that the impact on the street scene would not be detrimental;
            currently the site is vacant and adds little to the appearance of the area. The
            design proposed is of a similar height and bulk to the surrounding properties
            and would not appear overscaled within the street. The massing is materially
            less than the scheme that was considered at appeal.

  8.5.      The previous scheme was considered unacceptable in relation to 9 South
            Avenue to the east due to overshadowing of the flank window and the fact the
            building would be dominant and overbearing.

  8.6.      The impacts on the neighbours to the west to be considered are twofold; the
            impact on light and the visual impact of the building. The proposal will result in
            some loss of direct sunlight, between one hour and one hour and forty-five
            minutes daily depending on the time of year. However, the ground floors of
            these units are in commercial use and the area to the south of those properties
            is not proposed for developing and as such the level of ambient daylight should
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            not be significantly reduced. The side wall of the proposed building would be
            located 14m from the rear walls of the properties to the west and this combined
            with reduction in mass of the scheme means that the impact on occupiers is
            acceptable.

  8.7.      The impact on the property to the east is considered to be acceptable.
            Following representation from the agent the status of windows in the west flank
            elevation has been checked and there are no protected windows facing the
            proposed development, this situation has changed since the previous appeal.
            The development cannot therefore be refused on the grounds of loss of light or
            outlook to the residential property. It should however also be noted that the
            building has been sited further away from 9 South Avenue and the bulk
            reduced.

  8.8.      The waste storage at the site is within four metres of the adjoining residential
            property, this is not normally considered to be acceptable however no objection
            was raised to the location of the waste store at the time of the previous
            application due to the then use of the site and it would not be reasonable to
            refuse it on these grounds. The type of development requires one wheeled
            container to be provided for the storage of waste, the waste store is within 40m
            of the highway as is required.

  8.9.      The information held by Southend Borough Council relating to the historical
            uses of the site indicate that the land may be contaminated, any permission
            should include the requirement for investigative work to be carried out and a
            scheme of remediation agreed by the Council prior to any development taking
            place.

  8.10. The parking provision and layout are in accordance with the adopted EPOA
        Vehicle Parking Standards and have sufficient room for turning and room to
        wait and pass at the entrance to the site and so will not result in increased
        hazard to vehicular and pedestrian safety.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION subject to
            the following conditions:
            01        Commence within three years
            02        Materials to be agreed
            03        Parking to be set out in accordance with plans
            04        Parking to be retained
            05        Waste storage to comply with Waste Management Guide
            06        Cycle storage to be retained
            07        All windows in west elevation to be glazed in obscured glass at first
                      floor level and above
            08        Redundant vehicle crossover to be reinstated to footpath at
                      applicant’s expense
            09        Scheme of landscaping to be implemented prior to the occupation
                      of any of the units in accordance with details agreed in writing
            10        Landscaping to be retained
            11        Investigation of land for contaminants and remediate as necessary
                      and to the approval of the Local Planning Authority



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  St Laurence Ward

  SOS/07/00774/FULM (Application for full planning permission)

  DEMOLISH BUILDINGS, ERECT PART TWO/PART THREE STOREY BLOCK
  COMPRISING 14 FLATS AND TWO COMMERCIAL UNITS TO GROUND
  FLOOR, LAY OUT 14 PARKING SPACES, AMENITY AREAS AND REFUSE
  STORE (amended proposal)

  97-99 Rochford Road, Southend-on-Sea

  Tower Radio                                                Third Dimension Architectural Ltd




  1         The Proposal

  1.1.      This application is an amended scheme for a block of flats with ground floor
            commercial units, following previous refusals.

  1.2.      The details are as follows:
            Site Area Gross (Net)          0.15ha (0.12ha)
            Height                         up to 11.1m
            No. of units                   12 x 2 bed
                                           2 x 1 bed
                                           14 units
            Parking                        14 spaces (100%) for residential element (guideline
                                           100-150%)
                                           No commercial parking/servicing
            Cycle parking                  none shown
            Refuse storage                 Two locations for residential/commercial storage, at
                                           sides of building
            Amenity space                  225m2 (16m2 per unit)
            Density Gross (Net)            93.3dph (116.7dph) (guideline > 30dph)
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  1.3.      The accompanying statement covers issues such as design and overlooking,
            and asserts that the design would be sympathetic and in keeping with its
            surroundings.

  2         Location and Description

  2.1.      The site is located on the west side of Rochford Road. It is currently home to an
            electrical/white goods store and a removals/storage business which has closed
            down. It is within a secondary shopping frontage as delineated on the Borough
            Local Plan proposals map, however the area is residential in character. The
            site is bordered by housing development to the south and west. To the north is
            a hardware store and beyond that on the corner of Feeches Road is a former
            warehouse building that has been converted to a retail unit and five dwellings.

  2.2.      The site at No.97, the former removals/storage business, is not identified in the
            local plan for future business, industry or warehousing use.

  3         Development Plan

  3.1.      ESRSP Policies BE1 - Urban Intensification, CS3 - Encouraging Economic
            Success, H3 - Location of Residential Development, T12 - Vehicle Parking.

  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), H7 (Formation of Self-Contained Flats), T8
            (Traffic Management and Highway Safety).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded.

  3.4.      Design and Townscape Guide (adopted June 2006).

  3.5.      EPOA adopted Vehicle Parking Standards.

  4         Planning History (recent)

  4.1.      97 Rochford Road: August 2005 – outline application deemed refused to
            demolish existing buildings and erect two storey block comprising six flats, lay
            out additional four parking spaces and amenity area (05/00834/OUT).

  4.2.      97 Rochford Road: September 2005 – outline application refused to demolish
            existing buildings and erect two storey block comprising six flats, lay out
            additional four parking spaces and amenity area (resubmission)
            (05/01128/OUT).

            Reason: Overlooking of adjacent property at 93 Rochford Road.

  4.3.      97 Rochford Road: July 2006 – outline application deemed refused to demolish
            building, erect two storey block comprising of six flats, lay out four additional
            parking spaces and amenity area (05/01561/OUT).

  4.4.      97-99 Rochford Road: September 2006 – Full application refused to demolish
            buildings, erect part two/part three storey block comprising 14 flats and two
            commercial units to ground floor, lay out 14 parking spaces, amenity areas and
            refuse store (06/00862/FUL).




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            Reasons: Design, overlooking of properties to north of site (on Feeches Road),
            insufficient manoeuvring space in car park, insufficient provision for storage of
            refuse materials and lack of contribution towards improvement of education
            facilities.

  4.5.      97-99 Rochford Road: May 2007 – application withdrawn to demolish buildings,
            erect part two/part three storey block comprising 14 flats and two commercial
            units to ground floor, layout 14 parking spaces, amenity areas and refuse store
            (07/00335/FULM).

  4.6.      However, refusal would have been recommended on the grounds of
            overlooking properties to the north, insufficient refuse storage and a lack of
            contributions towards education and affordable housing provision.

  5         External Consultation

  5.1.      Airport Director – No safeguarding objections.

  6         Internal Consultation

  6.1.      Highway Comment – The highway layout drawings are still misleading (the
            layby exists, so no improvements are actually being proposed). The refuse
            stores appear minimal with no space for recycling – this could lead to refuse
            being stored on pathways which would not be acceptable.

  6.2.      Director of Children and Learning – contribution of £10,179.94 required for
            secondary and post-16 education.

  6.3.      EH Comment – to be reported

  7         Publicity

  7.1.      Neighbour notification and site notice – three objections on the following
            grounds:
            ♦         loss of privacy to nearby property
            ♦         loss of security to surrounding properties
            ♦         lack of off-street parking – would lead to more on-street parking
            ♦         current buildings on site may contain asbestos
            ♦         a two storey building would be more appropriate
            ♦         disturbance to adjacent property from car parking
            ♦         light pollution to nearby dwellings
  7.2.      A Ward Councillor has commented that the traffic density of this section of the
            road is too great, the number of flats (high quality that they may be) are too
            many for the site and the neighbour would be overlooked.

  8         Appraisal

  8.1.      The considerations with this application are whether it overcomes the previous
            reasons for refusal, together with any new issues raised.

            Design

  8.2.      The Council previously had concern over the bland design of this proposal and
            its integration into the streetscene. Following discussions, negotiations have
            taken place which overcome the Council’s concerns in this respect. The style

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            has been altered to appear more modern, whilst still retaining a link to the
            domestic context of nearby properties, which will help the building blend into
            the streetscene to a degree that it would have a harmonious relationship with
            its surroundings. Resultantly there are no objections on design grounds.

            Impact on nearby residents

  8.3.      The previous application was refused on the grounds that it would overlook the
            properties to the north of the application site. A new window design has been
            introduced on this application, whereby angled bays would be utilised to reduce
            overlooking (the part of the bay facing the residential properties would be
            obscure glazed). The footprint of the building is broadly the same as the
            previous application, save for a slight projection further towards the driveway.
            Overall, there are no objections on neighbour impact grounds.

            Parking and traffic

  8.4.      The previous scheme had an unworkable parking layout. The parking has
            been rearranged to overcome this. It would now allow cars to enter and exit the
            car park in forward gear. There is therefore no objection on highway safety
            grounds.

            Refuse

  8.5.      Previously there was not sufficient storage for residential and commercial
            refuse. On the latest set of plans the amount of storage for refuse has been
            increased. There are four residential bins in two locations which means two
            can be for waste as per the waste management guide, with two for recycling.

  8.6.      Each commercial unit now has a compartment in which to store a bin. There
            are no guidelines for commercial refuse storage.

            Other matters

  8.7.      It is recommended that the developer make a contribution towards the
            improvement of local schools to cater for the increased demand that will be
            placed on them from the construction of this development. The exact figure
            required to offset the impact of this development is £10,179.94.

  8.8.      Since the refusal of the previous application, the Council’s Core Strategy has
            reached an advanced stage in its progression towards adoption as a
            Development Plan Document. It has been the subject of an Examination in
            Public and therefore carries more weight than when the previous applications
            were submitted. Policy CP8 requires all residential proposals of 10-24
            dwellings to make an affordable/key worker provision of not less than two
            dwelling units. As with the education contribution, the applicant should be
            required to enter into an agreement to provide two (or ideally more) units
            through a registered social landlord, to meet an identified need.




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  8.9.      The concerns regarding there being too many units for the site were not a
            reason the scheme has been refused previously at the same density.

  8.10. There are no other new issues raised by the application.

  9         Recommendation

            Members are recommended to DELEGATE to the Director to GRANT
            PLANNING PERMISSION, subject to

            ♦         completion of a Section 106 Agreement for a minimum of two
                      affordable housing units and education contribution,

            ♦         and a contribution of £10,179.94 towards secondary and post-16
                      education,

            the following conditions:
            01        Commence within three years
            02        Parking to be provided/retained
            03        Cycle storage to be provided/retained
            04        Refuse storage to be provided/retained
            05        North facing windows only to be glazed as shown on plans




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  Eastwood Park Ward

  SOS/07/00919/FULM (Application for full planning permission)

  DEMOLISH BUILDING, ERECT PART THREE/PART FOUR STOREY BLOCK
  OF 18 FLATS WITH BASEMENT PARKING AND AMENITY AREA AND
  CREATE NEW VEHICULAR ACCESSES ONTO THE RODINGS (AMENDED
  PROPOSAL)

  382 Rayleigh Road, Eastwood, Leigh-on-Sea, SS9 5PT

  Ryga Properties Ltd                                            Brian Davison Associates




  1         The Proposal

  1.1.      Permission is sought for a block of 18 apartments following previous refusals.

  1.2.      The details are as follows:
            Site Area Gross (Net)          0.16ha
            Height                         up to 4 storey
            No. of units                   18
            Parking                        18 basement spaces + 4 visitor = 122% (guideline
                                           100-150%)
            Cycle parking                  not shown
            Refuse storage                 not shown
            Amenity space                  838m2
            Density                        Gross (Net) 113dpha

  1.3.      The accompanying statement covers issues including design, concept,
            consultation, layout, form, materials and landscaping.

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  2         Location and Description

  2.1.      A semi-derelict building with a road frontage to The Rodings, last used as a
            snooker club. It is located to the north of commercial properties on Rayleigh
            Road. To the west is a church, and to the north of the site is modern housing
            development.

  3         Development Plan

  3.1.      ESRSP Policy BE1 - Urban Intensification.

  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), T8 (Traffic Management and Highway
            Safety).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded.

  3.4.      Design and Townscape Guide SPD (adopted June 2006).

  3.5.      EPOA adopted Vehicle Parking Standards.

  4         Planning History

  4.1.      April 2005 – permission refused to Demolish premises, erect part two
            storey/part two storey with roof accommodation block of 22 flats with basement
            parking, lay out parking spaces, amenity area and alter existing vehicular
            access onto The Rodings (Outline) (05/00094/OUT) - on the grounds that the
            proposal would constitute overdevelopment, evidenced by the likely position of
            windows and resultant overlooking.

  4.2.      January 2006 – permission refused to demolish premises, erect part two
            storey/part three storey block of 17 flats, lay out parking spaces, amenity area
            and alter existing vehicular access onto The Rodings (05/01518/OUT) – on
            grounds of design, unsatisfactory parking and servicing and obtrusiveness/loss
            of outlook of houses to north.

  4.3.      July 2006 – permission refused to demolish building, erect part two/part three
            storey block of 16 flats with balustrades, lay out parking spaces, cycle storage,
            amenity area and bin store and alter existing vehicular access onto The
            Rodings (amended proposal) (06/00603/FUL) – on the grounds of design,
            impact on properties to the south through unneighbourliness and perceived loss
            of privacy.

  5         External Consultation

  5.1.      Airport Director – to be reported.

  5.2.      Environment Agency – No comment.

  5.3.      Anglian Water – The existing sewer in The Rodings can deal with foul sewage
            flows from the site. Soakaways and alternative Sustainable Drainage Systems
            (SUDs) should be investigated for surface water disposal. If approved,
            recommend condition that surface water drainage details be submitted to and
            approved by local planning authority before development starts.



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  6         Internal Consultation

  6.1.      EH Comment – to be reported.

  6.2.      Highway Comment – The ramp gradient should accord with SPD1 (4% for first
            5m, the 8% for the rest) which it does not. The drawings do not appear to
            include refuse/waste/recycling facilities nor do they appear to show any bicycle
            stores. Sustainable travel contributions of £29,000 towards bus and cycle
            improvements should be sought.

  6.3.      Children And Learning – This development falls within Edwards Hall Primary
            and Eastwood Secondary catchment areas. There are sufficient primary places
            within a reachable distance. All secondary schools are full and under pressure
            due to high numbers throughout the Borough, additional pupil product from new
            builds will put pressure on this system, either in the need for new places or to
            upgrade the condition of current buildings that are oversubscribed and thus
            used to a level they were not originally designed for. A contribution of
            £6,786.62 is requested.

  6.4.      Adult and Community Services – to be reported.

  7         Publicity

  7.1.      Neighbour notification, press and site notice – representations received to date
            from eight properties:
            ♦         overlooking of residential properties from roof garden
            ♦         overlooking from north facing kitchen windows
            ♦         no objection, but concern over noise and dirt during demolition
            ♦         out of keeping with the existing housing development
            ♦         would cause additional on-street parking in The Rodings
            ♦         concern over access to properties on Rayleigh Road
            ♦         detrimental impact to immediate community
            ♦         increased waste
            ♦         underground car park would cause noise and inconvenience
            ♦         possible ground movement from excavating basement
  7.2.      A Councillor for St Laurence Ward (the adjoining ward) has commented that
            access onto The Rodings/Rayleigh Road is near a busy crossing and access to
            the church and petrol station which would be dangerous. The Rodings is
            congested at this point at all times of day and this will be opposite the church
            car park access.

  8         Appraisal

  8.1.      The main issues with this application are whether it overcomes the Council’s
            previous concerns in relation to design and impact on nearby properties,
            together with any new issues raised.

            Design

  8.2.      This site represents a transition between the commercial thoroughfare of
            Rayleigh Road and the cul-de-sac housing development to the north. The
            height has increased to four storeys, although the footprint has become
            shallower as it would not now extend so deep into the site (the previous was
            27m deep, this is 16m deep). It is also set further back from The Rodings.
            Nevertheless, it is judged that the scale and bulk of the building would appear
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            too grand and imposing on the cul-de-sac entrance, failing to recognise the
            need to respect the scale and context of the housing development to the north.
             The fact that the land rises from Rayleigh Road reinforces this.

  8.3.      The latest design, as with the earlier schemes, is of a contemporary nature.
            Whilst this is not objectionable in principle, it is considered that on this site it
            does not make for a satisfactory transition between Rayleigh Road and the
            housing development. The contrast between the design of the proposed block
            and the houses would be too stark, resulting in poor townscape. It is noted that
            the existing buildings on the site are unattractive however this argument cannot
            be used to sanction an otherwise unsuitable development. The proposal is
            therefore unacceptable on design grounds.

            Impact on nearby properties

  8.4.      There have been concerns with earlier proposals for this site relating to the
            impact on properties to the north and south, for reasons including
            obtrusiveness and (perception of) overlooking. The current proposal is largely
            designed so that the flank walls contain only secondary windows, which could
            be obscure glazed or high level if required to protect neighbouring resident’s
            privacy, without compromising living conditions within the building. The use of
            the roof as a sitting out area or garden could potentially compromise the privacy
            of nearby residents, however in this case, the roof gardens have been set away
            from the edges of the roof, thereby preventing direct ‘downward’ overlooking of
            adjoining gardens.

  8.5.      Taking into account the reduction in depth of the building compared to earlier
            schemes, and notwithstanding the previous comments, it is nevertheless
            considered that the proposed three/four storey building would appear an
            overpowering and dominant feature when viewed from nearby residential
            properties north of the application site exacerbated by the angled nature of
            those adjoining residences. The differences in size and height between the
            buildings would be too great and the nearby residents’ enjoyment of their
            properties and gardens would be compromised. A smaller development, more
            in scale with its surroundings may be more acceptable.

            Parking and traffic

  8.6.      The amount of parking proposed is numerically acceptable to serve the needs
            of occupiers. However, the ramp serving the basement has a gradient of 13%
            and would cause vehicles to emerge onto the highway too fast, causing a
            danger to pedestrians and traffic. The gradient should not exceed 8%, with a
            5m transitional zone not exceeding 4%. There is also a risk of grounding if the
            ramp entrance is too steep.

  8.7.      In terms of the wider traffic situation, concern has been raised over the impact
            of the proposal on traffic safety at the junction of Rayleigh Road/The Rodings,
            although as with previous cases it is not judged that the safety of this junction
            would be compromised.

            Other matters

  8.8.      The outside areas of the development are considered ample to serve as an
            amenity for residents, for the purposes of sitting out, in addition to being of
            visual amenity value. It is considered that the development would provide
            acceptable living conditions for future occupiers.
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  8.9.      No refuse and cycle storage facilities are shown but these could be provided
            near the entrance to the basement.

  8.10. The development, if permitted, would place additional pressure on the local
        secondary schools, therefore a developer contribution would be needed to
        cater for this. The figure calculated to offset the impact of this proposal is
        £6,786.62 which would need to be incorporated into a Section 106 agreement.

  8.11. The Council’s Core Strategy Development Plan Document has been the
        subject of an examination in public and now carries more weight than when
        previous applications on this site were submitted. All residential proposals of
        10-24 units are required by Core Strategy Policy CP8 to make provision for no
        fewer than two affordable housing units. Were permission to be granted, a
        Section 106 agreement should first be completed to ensure that at least two
        affordable units are provided on the site. The Director of Adult and Community
        Services’ comments on the application will be reported in due course.

  8.12. No other new issues are raised.

  9         Recommendation

            Subject to the comments of the airport, Members are recommended to
            DELEGATE to the Director to REFUSE PLANNING PERMISSION for the
            following reasons:

            01        The proposed building, due to its design and scale, would not have
                      a satisfactory relationship with the existing development to the
                      north of the site, fails to recognise the importance of creating a
                      transition between the commercial development to the south of the
                      site and the residential properties to the north and would be
                      detrimental to the streetscene and wider visual amenity. It would
                      therefore be contrary to Policy BE1 of the Essex and Southend
                      Replacement Structure Plan and Policies C11 and H5 of the
                      Borough Local Plan.

            02        The proposed building, due to its height, would be obtrusive
                      towards the residential properties to the north of the application
                      site, causing loss of amenity and loss of enjoyment of nearby
                      residential gardens. The proposal would therefore be contrary to
                      Policy BE1 of the Essex and Southend Replacement Structure Plan
                      and Policy H5 of the Borough Local Plan.

            03        The proposed vehicle access ramp serving the basement parking
                      has a gradient that is too steep and would cause vehicles to
                      emerge onto the highway too quickly, endangering the safety of
                      pedestrians and drivers. It would therefore be contrary to Policy T8
                      of the Borough Local Plan.

            Informative: Education and sustainable travel contributions and on-site
            provision of affordable housing will be sought on any revised application.




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  St Laurence Ward

  SOS/07/00680/FUL (Application for full planning permission)

  DEMOLISH GARAGES AND ERECT 2 TWO STOREY BLOCKS TOTALLING
  EIGHT AFFORDABLE HOUSING UNITS, FORM REFUSE AND CYCLE
  STORE, LAY OUT AMENITY AREAS AND PARKING

  Garage court adjacent 109 Alton Gardens, Southend-on-Sea

  Swan Housing Group                                             Matthews Serjeant Architects




  1         The Proposal

  1.1.      Erection of two blocks of flats for affordable housing.

  1.2.      The details are as follows:
            Site Area (Net)                0.0942ha
            Height                         8.3m, 2 storey
            No. of units                   8
            Parking                        10 spaces (125%) guideline 100-150%
            Cycle parking                  adjacent to driveway
            Refuse storage                 adjacent to driveway
            Amenity space                  Approx 250m2
            Density (Net)                  85dpha
  2         Location and Description

  2.1.      The site is a garage court and is on the north western side of Alton Gardens.
            Housing development surrounds it on three sides, with the road forming the
            front boundary.

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  3         Development Plan

  3.1.      ESRSP policy BE1 - Urban Intensification.

  3.2.      BLP policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), T8 (Traffic Management and Highway
            Safety).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded.

  3.4.      Design and Townscape Guide SPD (adopted June 2006).

  3.5.      Adopted EPOA Vehicle Parking Standards.

  4         Planning History

  4.1.      None.

  5         External Consultation

  5.1.      Airport Director – to be reported.

  5.2.      Anglian Water Services – not received.

  5.3.      Environment Agency – unable to provide full response due to their workload -
            suggest sustainable techniques used.

  6         Internal Consultation

  6.1.      Highway Comment – unable to provide comments at present.

  6.2.      EH comment – no adverse observations.                Waste storage should be in
            accordance with waste management guide.

  6.3.      Education Comment– As the application is for affordable housing, an education
            contribution is not requested.

  6.4.      Adult and Community Services – Housing welcomes the application and is
            pleased to see the site being developed by Swan.

  7         Publicity

  7.1.      Neighbour notification and site notice – representations received to date, from
            four properties:
            ♦         design will not blend in with surrounding area
            ♦         loss of rear access to existing properties
            ♦         parking/traffic problems
  8         Appraisal

  8.1.      The considerations with this application are the principle of an affordable
            housing development, the design, the impact on nearby residents’ living
            conditions and any parking implications.




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            Principle

  8.2.      The garages that previously stood on the site were rented out to residents in
            the area. However they have been unused for some time. There is currently a
            need for affordable housing due to a shortfall in the Borough. Whilst the loss of
            the potential to use the garages for parking for nearby residents is an issue, it is
            judged that the benefit from providing affordable housing outweighs any
            negative impact from the loss of the garages.

  8.3.      It must be considered what may happen were the site to become available to a
            developer of open market housing. The Council are prepared to accept the
            loss of these garages as parking for nearby residents, but on the basis that the
            site is used for affordable housing. Therefore a legal agreement under Section
            106 is necessary to ensure that the site is developed for affordable housing
            purposes.

            Design

  8.4.      The proposal is for a two-storey block, which would have a good visual
            relationship with the nearby two storey housing development. The original
            plans showed a valley roof, however following a community consultation
            exercise by the applicants, the view emerged that this roof design would be out
            of context with the area. Amended plans have been submitted to show a
            traditional pitched roof. There are consequently no objections on design
            grounds.

            Impact on nearby residents’ living conditions

  8.5.      The proposed building is positioned in such a way that it would not cause any
            undue light loss or privacy loss to nearby properties. There would be sufficient
            distance between the proposed building and existing buildings that existing
            residential amenities would be preserved.

            Parking, traffic and highway

  8.6.      The proposal would provide one space per dwelling with some spare capacity.
            It is considered that this would be an adequate amount of car parking for the
            development. It is unlikely that there would be any noticeable change in
            highway conditions or levels of on-street parking. Cycle storage and refuse
            storage have been provided at a suitable distance from the dwellings and the
            highway.




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            Other matters

  8.7.      The amenity areas and landscaping around the development are considered
            adequate to serve the needs of the occupiers, as well as being a visual
            amenity. There is a play area at the junction of Manners Way/Alton Gardens
            that would be available for children to use in addition to the space on-site.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION, subject
            to the following conditions:
            01        Commence within three years
            02        Materials to be submitted
            03        Parking to be provided and retained
            04        Cycle parking to be provided and retained
            05        Refuse storage to be provided and retained in accordance with
                      waste management guide
            06        Prior to the commencement of the development hereby permitted a
                      scheme for the implementation and occupancy of affordable
                      housing within the development shall be submitted to and
                      approved in writing by the Local Planning Authority. The scheme
                      shall include:
                      (a)    provision for at least 100% of the dwellings in the
                      development to be affordable housing, available to people who
                      cannot afford to buy or rent a house generally available on the open
                      market, of which 100% would take on a shared ownership form of
                      tenure;
                      (b)    the timing and conditions for any transfer of land to a
                      registered social landlord (whether by Section 106 or otherwise);
                      (c)    the means to be used to ensure that the affordable housing is
                      affordable for both initial and subsequent occupiers of it and that it
                      benefits those in housing need;
                      (d)    the occupancy criteria to be used for determining the identity
                      of prospective and successive occupiers of the affordable housing
                      and the means by which such occupancy criteria shall be enforced.




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  St Laurence Ward

  SOS/07/00681/FUL (Application for full planning permission)

  DEMOLISH GARAGES AND ERECT TWO STOREY BLOCK OF SIX
  AFFORDABLE HOUSING UNITS, FORM REFUSE AND CYCLE STORE, LAY
  OUT AMENITY AREAS AND PARKING, RE-INSTATE PUBLIC FOOTPATH
  AND FORM NEW VEHICULAR ACCESS ONTO DEREK GARDENS

  Former garage court adjacent 71 Derek Gardens, Southend-on-Sea

  Swan Housing Group                                             Matthews Serjeant Architects




  1         The Proposal

  1.1.      Erection of two storey block of six flats for affordable housing.

  1.2.      The details are as follows:
            Site Area (Net)                0.0831ha
            Height                         8.3m, 2 storey
            No. of units                   6
            Parking                        8 spaces (133%) guideline 100-150%
            Cycle parking                  at rear
            Refuse storage                 at rear
            Amenity space                  Approx 100m2
  2         Location and Description

  2.1.      The site was previously a garage court and is on the western side of Derek
            Gardens. Housing development surrounds it to the north, west and south.


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  3         Development Plan

  3.1.      ESRSP policy BE1 - Urban Intensification.

  3.2.      BLP policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), T8 (Traffic Management and Highway
            Safety).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded.

  3.4.      Design and Townscape Guide SPD (adopted June 2006).

  3.5.      Adopted EPOA Vehicle Parking Standards.

  4         Planning History

  4.1.      None.

  5         External Consultation

  5.1.      Airport Director – No safeguarding objections (re-consulted on amended plans).

  5.2.      Anglian Water Services – not received

  5.3.      Environment Agency – unable to provide full response.

  6         Internal Consultation

  6.1.      Highway Comment (on original plans) – waste storage should be further from
            dwelling, currently only 2m from a window. No cycle store shown. Parking
            generally acceptable but difficult to manoeuvre in and out of space 8.

  6.2.      EH comment – not received.

  6.3.      Education Comment– not received.

  6.4.      Adult and Community Services – Housing welcomes the application and is
            pleased to see the site being developed by Swan.

  7         Publicity

  7.1.      Neighbour notification and site notice (re-notified of amended plans) – two
            letters of objection received:
            ♦         parking/traffic problems
            ♦         loss of privacy to nearby properties
            ♦         too much development for the site
  8         Appraisal

  8.1.      The considerations with this application are the principle of an affordable
            housing development, the design, the impact on nearby residents’ living
            conditions and any parking implications.




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            Principle

  8.2.      The garages that previously stood on the site were rented out to residents in
            the area. However they have been unused for some time. There is currently a
            need for affordable housing due to a shortfall in the Borough. Whilst the loss of
            the potential to use the garages for parking for nearby residents is an issue, it is
            judged that the benefit from providing affordable housing outweighs any
            negative impact from the loss of the garages.

  8.3.      It must be considered what may happen were the site to become available to a
            developer of open market housing. The Council are prepared to accept the
            loss of these garages as parking for nearby residents, but on the basis that the
            site is used for affordable housing. Therefore a legal agreement under Section
            106 is necessary to ensure that the site is developed for affordable housing
            purposes.

            Design

  8.4.      The proposal is for a two-storey block, which would have a good visual
            relationship with the nearby two storey housing development. The original
            plans showed a valley roof, however following a community consultation
            exercise by the applicants, the view emerged that this roof design would be out
            of context with the area. Amended plans have been submitted to show a
            traditional pitched roof. There are consequently no objections on design
            grounds.

            Impact on nearby residents’ living conditions

  8.5.      The proposed building is positioned in such a way that it would not cause any
            undue light loss or privacy loss to nearby properties. There would be sufficient
            distance between the proposed building and existing buildings that existing
            residential amenities would be preserved.

            Parking, traffic and highway

  8.6.      The proposal would provide one space per dwelling with some spare capacity.
            It is considered that this would be an adequate amount of car parking for the
            development. It is unlikely that there would be any noticeable change in
            highway conditions or levels of on-street parking. Cycle storage and refuse
            storage have now been provided at a suitable distance from the dwellings.




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            Other matters

  8.7.      The amenity areas and landscaping around the development are considered
            adequate to serve the needs of the occupiers, as well as being a visual
            amenity. There is a play area at the junction of Manners Way/Alton Gardens
            that would be available for children to use in addition to the space on-site.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION, subject
            to the following conditions:
            01        Commence within three years
            02        Materials to be submitted
            03        Parking to be provided and retained
            04        Cycle parking to be provided and retained
            05        Refuse storage to be provided and retained in accordance with
                      waste management guide
            06        Prior to the commencement of the development hereby permitted a
                      scheme for the implementation and occupancy of affordable
                      housing within the development shall be submitted to and
                      approved in writing by the Local Planning Authority. The scheme
                      shall include:
                      (a)      provision for at least 100% of the dwellings in the
                      development to be affordable housing, available to people who
                      cannot afford to buy or rent a house generally available on the open
                      market, of which 100% would take on a shared ownership form of
                      tenure;
                      (b)      the timing and conditions for any transfer of land to a
                      registered social landlord (whether by Section 106 or otherwise);
                      (c)      the means to be used to ensure that the affordable housing
                      is affordable for both initial and subsequent occupiers of it and that
                      it benefits those in housing need;
                      (d)      the occupancy criteria to be used for determining the
                      identity of prospective and successive occupiers of the affordable
                      housing and the means by which such occupancy criteria shall be
                      enforced.




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  St Laurence Ward

  SOS/07/00678/FUL (Application for full planning permission)

  DEMOLISH GARAGES AND ERECT 5 TWO STOREY AFFORDABLE
  HOUSING UNITS, FORM REFUSE AND CYCLE STORES AND LAY OUT
  AMENITY AREAS AND PARKING

  Garage court adjacent 63 Alton Gardens, Southend-on-Sea

  Swan Housing Group                                             Matthews Serjeant Architects




  1         The Proposal

  1.1.      Erection of five houses for affordable housing.

  1.2.      The details are as follows:
            Site Area (Net)                0.0778ha
            Height                         7.8m, 2 storey
            No. of units                   5
            Parking                        7 spaces (140%) guideline 100-150%
            Cycle parking                  n/a
            Refuse storage                 n/a
            Amenity space                  Approx 50m2 per dwelling
            Density (Net)                  64dpha
  2         Location and Description

  2.1.      The site is a garage court and is on the north western side of Alton Gardens.
            Housing development surrounds it on three sides, with the road forming the
            front boundary. Flats are to the north east.

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  3         Development Plan

  3.1.      ESRSP policy BE1 - Urban Intensification.

  3.2.      BLP policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), T8 (Traffic Management and Highway
            Safety).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded.

  3.4.      Design and Townscape Guide SPD (adopted June 2006).

  3.5.      Adopted EPOA Vehicle Parking Standards.

  4         Planning History

  4.1.      None.

  5         External Consultation

  5.1.      Airport Director – No safeguarding objections.

  5.2.      Anglian Water Services – not received.

  5.3.      Environment Agency – unable to provide full response due to workload -
            suggest sustainable construction techniques used.

  6         Internal Consultation

  6.1.      Highway Comment – not received.

  6.2.      EH comment – not received.

  6.3.      Education Comment– not received

  6.4.      Adult and Community Services – Housing welcomes the application and is
            pleased to see the site being developed by Swan.

  7         Publicity

  7.1.      Neighbour notification and site notice – representations received from two
            properties:
            ♦         design will not blend in with surrounding area
            ♦         overlooking nearby properties
            ♦         loss of light to nearby properties
            ♦         pleased to see houses being built on the plot, but concern over boundary
                      treatment with neighbouring properties
  8         Appraisal

  8.1.      The considerations with this application are the principle of an affordable
            housing development, the design, the impact on nearby residents’ living
            conditions and parking implications.




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            Principle

  8.2.      The garages that previously stood on the site were rented out to residents in
            the area. However they have been unused for some time. There is currently a
            need for affordable housing due to a shortfall in the Borough. Whilst the loss of
            the potential to use the garages for parking for nearby residents is an issue, it is
            judged that the benefit from providing affordable housing outweighs any
            negative impact from the loss of the garages.

  8.3.      It must be considered what may happen were the site to become available to a
            developer of open market housing. The Council are prepared to accept the
            loss of these garages as parking for nearby residents, but on the basis that the
            site is used for affordable housing. Therefore a legal agreement under Section
            106 is necessary to ensure that the site is developed for affordable housing
            purposes.

            Design

  8.4.      The proposal is for two-storey houses, which would have a good visual
            relationship with the nearby two storey housing development. There are
            consequently no objections on design grounds.

            Impact on nearby residents’ living conditions

  8.5.      The proposed building is positioned in such a way that it would not cause any
            undue light loss or privacy loss to nearby properties. There would be sufficient
            distance between the proposed building and existing buildings that existing
            residential amenities would be preserved. There is a side window in 196
            Rochford Road that faces the development. It has not been possible to
            establish what this window serves. However, the removal of the garages and
            their replacement with houses further away from no.196 would improve the
            amenity of that dwelling, therefore no objections on neighbour impact grounds.

            Parking, traffic and highway

  8.6.      The proposal would provide one space per dwelling with some spare capacity.
            It is considered that this would be an adequate amount of car parking for the
            development. It is unlikely that there would be any noticeable change in
            highway conditions or levels of on-street parking.




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            Other matters

  8.7.      The amenity areas and landscaping around the development are considered
            adequate to serve the needs of the occupiers, as well as being a visual
            amenity. There is a play area at the junction of Manners Way/Alton Gardens
            that would be available for children to use in addition to the space on-site.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION, subject
            to the following conditions:
            01        Commence within three years
            02        Materials to be submitted
            03        Parking to be provided and retained
            04        Cycle parking to be provided and retained
            05        Refuse storage to be provided and retained in accordance with
                      waste management guide
            06        Prior to the commencement of the development hereby permitted a
                      scheme for the implementation and occupancy of affordable
                      housing within the development shall be submitted to and
                      approved in writing by the Local Planning Authority. The scheme
                      shall include:
                      (a)    provision for at least 100% of the dwellings in the
                      development to be affordable housing, available to people who
                      cannot afford to buy or rent a house generally available on the open
                      market, of which 100% would take on a shared ownership form of
                      tenure;
                      (b)    the timing and conditions for any transfer of land to a
                      registered social landlord (whether by Section 106 or otherwise);
                      (c)    the means to be used to ensure that the affordable housing is
                      affordable for both initial and subsequent occupiers of it and that it
                      benefits those in housing need;
                      (d)    the occupancy criteria to be used for determining the identity
                      of prospective and successive occupiers of the affordable housing
                      and the means by which such occupancy criteria shall be enforced.




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  Leigh Ward

  SOS/07/00695/FUL (Application for planning permission)

  USE PART OF RETAIL SHOP (CLASS A1) AS CAFÉ (CLASS A3) ERECT
  SIDE AND REAR EXTENSION, ALTER SIDE ELEVATIONS AND INSTALL
  DECK TO SIDE AND LAY OUT TABLE AND CHAIRS

  42 Broadway, Leigh-on-Sea SS9 1AS

  Lizard Bars Ltd                                                            Graham Jolley




  1         The Proposal

  1.1.      The amended application is for full planning permission for a change of use for
            the rear part (only) of the ground floor into a ‘Café Lounge’ (Class A3) in
            addition to a single storey rear extension incorporating an external staircase
            with brick wall to the southern boundary. Also proposed is an alteration to the
            side (Victoria Ave) elevation to incorporate alfresco dining. The proposal will
            also see the formation of an upper floor single bedroom staff flat and office to
            the rear (a flat and workshop exist)

  1.2.      The proposal no longer includes the ground and first floor restaurant and bar
            previously envisaged in SOS/06/00548/FUL and accordingly, the applicant
            considers that the intensity is now reduced to an acceptable level.

  1.3.      Specifically, the proposal retains the ground floor A1 shop area fronting the
            Broadway with the café to the rear with access and alfresco dining on Victoria
            Road. In total, the applicant claims that the Café will cater for no more than 40
            patrons, 10 of which will be outdoors. To the rear of the Cafe is a kitchen,
            storage and toilet facility and bin store.

  1.4.      No off street parking is proposed. The applicant feels that parking provision is
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            not required given the sustainable location of the site in an established town
            centre.

  2         Location and Description

  2.1.      The application property is a part single/part two storey corner property located
            on the south side of Broadway at the junction with Victoria Road. The wider
            locality along Broadway is an established shopping area consisting of a mix of
            A1, A2, A3, A4, and A5 commercial uses on the ground floor with residential
            and/or offices above.

  2.2.      The site is currently used as an upholstery shop comprising of retail fronting the
            Broadway with storage and workshop to the rear fronting Victoria Road and
            ancillary first floor accommodation.

  2.3.      Victoria Road is a predominantly residential street made up of Victorian styled
            two storey semi-detached homes all of which contribute to an established street
            scene/character. Despite this, the application property fronting Victoria Road is
            somewhat dilapidated and does not contribute to the character of the locality.

  2.4.      The site lies within Leigh Cliff Conservation Area.

  3         Development Plan

  3.1.      ESRSP Plan Policies BE1 - Urban Intensification, HC2 - Conservation Areas,
            TCR3 - Town Centres.

  3.2.      BLP Policies C4 (Conservation Areas), C11 (New Buildings, Extensions and
            Alterations), H5 (Residential Design and Layout Considerations), S5 (Non-
            Retail Uses) and T11 (Parking Standards).

  3.3.      Southend-on-sea Design and Townscape Guide (SOSD&TG).

  3.4.      Adopted EPOA Vehicle Parking Standards.

  3.5.      Primary Shopping Frontage.

  4         Planning History

  4.1.      July 2006 SOS/06/00548/FUL – Use retail shop (Class A1) and workshop as
            restaurant/bar (class A3), erect side and rear extension, alter side and front
            elevations, erect infill extension to front and install deck to side and layout
            tables and chairs and install extract flue to rear. Refused at Committee 26th
            July 2006. Reasons for refusal related to the undesirable proportion of frontage
            in non-retail use, detrimental to the variety, vitality and viability of the primary
            shopping centre; increased parking demand; and external seating detrimental
            to residential amenity.




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  5         External Consultation

  5.1.      Leigh Town Council – Oppose on grounds of:
            ♦         Noise issues arising from the decked area,
            ♦         Inappropriate design in the Conservation Area,
            ♦         Traffic and parking,
            ♦         Proximity of the refuse store to neighbouring residents
            ♦         Already too many A3 or similar uses within the Broadway.
  5.2.      Leigh Society – Object on grounds of:
            ♦         A3 uses encroaching into A1 uses
            ♦         Overdevelopment
            ♦         Noise and disturbance from outdoor seating
            ♦         Exacerbate traffic and parking
            ♦         Unsympathetic design in conservation area.
  6         Internal Consultation

  6.1.      Environmental Health – No response received.

  6.2.      Traffic and Transport – No objection.

  7         Publicity

  7.1.      Neighbours notified of application – 27 objections received on grounds of:
            ♦         Noise issues arising from the decked area,
            ♦         Inappropriate design in the Conservation Area,
            ♦         Traffic and parking,
            ♦         Proximity of the refuse store to neighbouring residents
            ♦         Already too many A3 or similar uses within the Broadway.
            ♦         Overbearing nature of the single storey extensions
            ♦         Enforcing the restrictive conditions relating to noise and operating times
  8         Appraisal

  8.1.      The considerations are whether the amended application overcomes the
            previous reasons for refusal.

            Loss of retail frontage along the Broadway

  8.2.      In keeping with Planning Policy S5 of the BLP the amended proposal maintains
            the retail use fronting the Broadway. Moreover, the works will also revitalise the
            existing A1 premises making the site more economically viable. Accordingly,
            the proposal is considered in keeping with the aims of the policy an d this
            aspect of the refusal is considered to be overcome.

  8.3.      The proposal site is located entirely within the Primary Shopping Frontage
            including the Victoria Road Frontage.




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            Parking and Traffic intensification

  8.4.      The adopted vehicle Parking Standards states that for an A3 use, a maximum
            of one space per 5m² is required however a lower provision may be appropriate
            in town centres where there is good access to alternative forms of transport and
            existing parking facilities. The requirements for each use on site are as follows:
            ♦       A3 use of approx 130m²* @ one per 5m² = 26 spaces required;
            ♦       C3 ‘flat’ @ one per dwelling = one space required;
            ♦       B1 Office use of 14m²* @ one per 30m² = one space required.
            In total 28 spaces are theoretically required.
  8.5.      The previously refused application for only A3 use @ 281m²* required 56
            spaces.

  8.6.      The proposal is in a location where parking is a major issue for surrounding
            resident’s evident in the level of response to public notification and site visits.
            On the other hand, the location of the proposal is also in a well established
            town centre and forms part of a primary shopping frontage with good access to
            public bus stops (well within 100m however the nearest train stations
            (Chalkwell) is over 1km walk).

  8.7.      With the above in mind, the applicant states that the restaurant would not serve
            alcohol which members of the public have taken to suggest that the proposal
            would in theory facilitate, if not promote, patrons driving to and from the location
            therefore having a negative affect on local parking provision. Contrary however
            is the argument that if the locality has already reached saturation point in terms
            of parking then by virtue of the fact that there is no remaining parking
            opportunities in the locality, no additional impact will result from the proposal
            along Victoria Road. Moreover, were the site capable of accommodating the
            required number of car parks outlined in the Parking Standards, this would
            simply promote private car use which in turn would place additional stress on
            the surrounding transport infrastructure. Accordingly, as the northern section of
            the Victoria Road is captured within the Primary Shopping Frontage, the
            proposal is considered acceptable considering it would not exacerbate the
            existing parking problems within the locality.

            Impact on neighbours

  8.8.      With regard to the previous application, members concluded that the outdoor
            seating area would have a detrimental impact on surrounding residents by
            virtue of the noise generated by patrons on site as well as leaving the site.
            Moreover, it was felt that the proximity of the outdoor dining was positioned too
            close to adjoining residents.

  8.9.      The amended scheme shows that the outdoor dining area will be obscured by
            the kitchen/store area and any further noise will be further alleviated by the 9m
            side boundary isolation gap. The distance from the outdoor dining area to the
            nearest residential property over the street is in excess of 15m. The applicant
            also states that no alcohol will be served on the premises, which can be
            controlled through licensing and secondly, that the outdoor area could be
            closed at 8pm outdoors for any use and 9pm internally. Accordingly, the
            combined affect of these conditions and licence restrictions are considered
            adequate to alleviate any foreseeable issues arising from the use of the
            property as a cafe. A further condition can also be imposed restricting the use
            of amplified music or speech.

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  8.10. In response to issues raised by residents, these conditions are enforceable
        considering that future food and hygiene licences can be removed through
        enforcement at a later date should the applicant not adhere to the conditions.
        The removal of these licences would in turn result in the cessation of the cafe
        use.

  8.11. The proposal does not contain specific information on the proposed mechanical
        ventilation and filtration associated with the kitchen. Accordingly, any approval
        will be subject to the condition that ventilation and filtration systems are in
        accordance with councils requirements negating any foreseeable impacts
        arising from the cafe use.

  8.12. In view of the above the proposal in conjunction with reasonable and relevant
        conditions would have a minimal impact on the amenity of surrounding
        neighbours. Moreover, the proposal is not considered to encroach into the
        residential section of Victoria Road as the entire property, including the Victoria
        Road frontage forms part of the primary shopping frontage.

            Other matters

  8.13. Concerns have been raised in relation to the impact of the proposed use
        encouraging anti-social behaviour. It is considered that the approval of a café
        would not result in anti-social behaviour. Restricting the hours of use along with
        the restriction on the use of the outdoor dining area will minimise any possibility
        of adverse impacts from anti-social behaviour on surrounding residents. The
        proposal will also not be serving/selling alcohol on the property negating the
        possibility of alcohol induced anti-social behaviour. As stated above, the
        combined affect of the conditions imposed will largely negate all the issues
        raised in the objection letters from surrounding residents.

  8.14. The proposed alterations to the building façade and the opening up of the use
        onto Victoria Road are also considered to result in a more attractive and
        congruent building in relation to the aims of the Conservation Area than that of
        the existing building. The proposal will enhance the Conservation Area and will
        activate a currently underutilised site with an unsympathetic façade, to an
        active and attractive café which would provide greater passive surveillance for
        surrounding residents and add to the vitality and viability of the area.

  8.15. However, it is considered necessary to have the existing face brick of the rear
        of the property to be rendered white to be more in keeping with the rendered
        Victorian properties of Victoria Road.




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  8.16. The proposed side and rear extensions, due to their small scale will have no
        impact on the street scene or surrounding residents in terms of overshadowing
        or overbearing.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION subject to
            the following conditions:
            01        Start within three years
            02        Material samples to be submitted before development starts
            03        Refuse storage arrangements to be approved
            04        No activities involving amplified speech/music
            05        Details of ventilation equipment to be submitted prior to installation
            06        Opening hours to be restricted to between 11am and 9pm
            07        Outdoor dinning area not to be used as smoking shelter at any time
                      and restricted to between 11am and 8pm
            08        Unloading hours restricted to between 0700 and 2300 hrs Sunday to
                      Saturday
            09        No alcohol to be consumed on site anytime.
            10        Use not to begin prior to cycle storage being provided.




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  Milton Ward

  SOS/07/00739/FUL (APPLICATION FOR FULL PLANNING PERMISSION)

  ERECT PART SINGLE/PART TWO STOREY REAR EXTENSION FORM
  BALCONIES AT FIRST AND SECOND FLOORS AND FORM ADDITIONAL
  TWO SELF-CONTAINED FLATS AND LAY OUT PARKING ON FORECOURT

  10 Preston Road, Westcliff-on-Sea

  Central Builders Merchants Ltd                               Stone Me Designs Consultants




  1         The Proposal

  1.1.      The proposal is to erect part single part two storey extensions at the rear of the
            property and form balconies at first and second floors replacing what was a fire
            escape. Balconies would be formed on proposed flat roof areas. Two
            additional flats are also proposed in addition to the three existing flats with two
            parking spaces on the forecourt.

  2         Location and Description

  2.1.      The application site is a two storey detached property with rooms in the roof
            purpose built as flats in 1923.

  2.2.      The character of the area is mainly residential with many flat conversions which
            form the dominant housing type in the street.

  2.3.      The street suffers from parking stress due to the number of flats and location
            near the train station however the application property does not currently have
            any off street parking spaces.




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  3         Development Plan

  3.1.      ESRSP Policies BE1 - Urban Intensification, CS4 – Sustainable New
            Development, H2 – Housing Development – The Sequential Approach, H3 –
            Location of Residential Development, H4 – Development Form of New
            Residential Development, T6 – Cycling and Walking, T12 – Vehicle Parking

  3.2.      BLP Policies C11 (New Buildings, Extension and Alterations), H1 (Housing
            Provision), H2 (Future Housing Needs), H3 (Retention of Small Family
            Houses), H5 (Residential Design and Layout Considerations), H6 (Protecting
            Residential Character), H7 (The Formation of Self Contained Flats), T11
            (Parking Standards), T13 (Cycling and Walking), U2 (Pollution Control), U5
            (Access and Safety in the Built Environment).

  3.3.      EPOA Vehicle Parking Standards (2001).

  3.4.      Design and Townscape Guide (2006).

  3.5.      Waste Management Guide (2006).

  4         Planning History

  4.1.      2006 - 39 Preston Road Application to convert a dwelling house into four self-
            contained flats was refused. This application was dismissed at appeal due to
            the visual impact of hardsurfacing the whole front garden combined with loss of
            street trees and consequent impact on the character of the area. The Inspector
            was not convinced of a proven need for additional flats (SOS/06/00592/FUL).

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      Traffic Comment – No provision has been shown for waste storage at the site
            and due to the number of flats container collection is required for the site and
            also a recycling bag storage area. No cycle storage has been proposed.

  7         Publicity

  7.1.      Neighbours notified and site notice posted, eight responses received objecting
            to the proposal on the following grounds:
            ♦         There is an excessive number of these type of properties in the area with
                      any additional flats put more pressure on local resources
            ♦         The street suffers from parking stress and this will only make the
                      situation worse as a total of 10 parking spaces should be required for the
                      five flats
            ♦         The extension will detract from the character of the building
            ♦         The extra refuse will mean more rubbish on the street
            ♦         Loss of light
            ♦         Loss of security
            ♦         Loss of larger sized flats for families
            ♦         Loss of forecourt garden area to parking



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            ♦         The fire escape to the rear is used as a means of accessing the garden
                      and because it is metal this makes a lot of noise which disturbs the
                      neighbours
  7.2.      A Ward Councillor has vetoed the application on the grounds that two more
            flats in an already overpopulated road will cause additional parking stress
            contributed by commuter parking.

  8         Appraisal

  8.1.      The main considerations with the application is the principle of the
            development, impacts upon the neighbours, design and impact on the
            streetscene, parking implications, private amenity space, standard of internal
            living accommodation and refuse collection.

  8.2.      The property is already purpose built flats and therefore the principle of
            additional flats on the site is acceptable.

  8.3.      The design of the proposed extensions are considered to be on balance,
            acceptable.

  8.4.      Although the neighbours may experience a slight increase in activity this is not
            considered to materially harm the amenities of neighbouring residential
            properties.

  8.5.      The room sizes for the flats are considered to be acceptable and the amenity in
            terms of outlook and light is appropriate. The bedroom of the first floor one
            bedroom flat is located directly below the kitchen of the second floor flat which
            may result in some disturbance between units. However, this is not considered
            in itself to warrant refusal.

  8.6.      Turning to the impact on neighbours. In relation to 12 Preston Road it is
            proposed to extend at ground floor level an additional 1.7m top the rear which
            in total will be 5.2m beyond the main rear wall of the neighbour set in 1m from
            the boundary. It is proposed to have a balcony on top of this which will mean
            that the extension will increase the impact of the extension. It is considered on
            balance that the depth and height of the extension is excessive in relation to 12
            Preston Road which is further exacerbated by the location of the property to the
            north of the application site causing loss of light.

  8.7.      In relation to 8 Preston Road the extension will project 3.2m at first floor and
            4.7m at ground floor in relation to the main rear wall of this neighbour directly
            on the boundary. The depth of both the ground and first floor extensions are
            considered to be excessive in relation to the neighbour and will be an obtrusive
            and overpowering feature.

  8.8.      The proposed balconies at first and second floor are set in 1m from the
            boundary and with obscure glazing it is considered that an unacceptable
            degree of overlooking would result. Whilst this could be addressed by the use
            of screens, the screens would increase the physical impact of the extension so
            this is not an acceptable solution.

  8.9.      The new windows at first and second floor facing the rear will be a minimum of
            16m from the boundary which is considered sufficient to prevent overlooking.
            No new windows are proposed to the side elevations.


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  8.10. Preston Road does suffer from severe parking stress due to the number of flats
        in the street and the location near to Hamlet Court Road shops and Chalkwell
        Station. Two parking spaces have been proposed on the forecourt for the two
        additional flats. An application at 39 Preston Road for flats was refused and
        supported at appeal. That proposal was to use the whole of the forecourt as
        hard standing which was in streetscene terms unacceptable. This proposal is
        to convert a portion of the forecourt to hardstanding and with some additional
        soft landscaping it is not considered that this will detract from the street. The
        existing property has no provision for off street parking and therefore the two
        parking spaces proposed to serve the additional two flats is considered
        acceptable.

  8.11. Cycle parking should be provided for all new development (regardless of type
        or size) that is safe, secure, weatherproof and convenient. There is no cycle
        parking provision for the proposed flats however with the accessibility to the
        area at the rear of the property it is considered that this could be conditioned.

  8.12. No refuse storage area has been shown however there is sufficient room in the
        amenity area at the rear for this that is within 30m of the highway and 5m from
        the dwelling in accordance with the Waste Management Strategy.

  8.13. The rear garden area will only be directly accessible from the ground floor flats
        however the other flats can access this area by the side of the property, and
        there are also roof terraces. The rear garden area measures 200m2 which is
        considered sufficient to meet the need of the flats.

  9         Recommendation

            Members are recommended to REFUSE PLANNING PERMISSION for the
            following reasons:

            01        The proposed extensions by reason of their height, rearward
                      projection and proximity to the boundary would result in an
                      unacceptable loss of light and appear dominant and obtrusive in
                      relation to neighbouring dwellings to the detriment of residential
                      amenity. Furthermore the wealth of balconies would lead to an
                      unacceptable degree of overlooking. The proposals are therefore
                      contrary to Policies C11 and H5 of the BLP and BE1 of the ESRSP.




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  Westborough Ward

  SOS/07/00841/FUL (Application for planning permission)

  DEMOLISH BUNGALOW AND ERECT PAIR OF SEMI-DETACHED CHALET
  BUNGALOWS, LAY OUT HARDSTANDING AND FORM VEHICULAR
  ACCESSES ONTO GLENWOOD AVENUE

  83 Glenwood Avenue Westcliff-on-Sea

  R Malanga                                                        D K Building Design




  1         The Proposal

  1.1.      The proposal is to demolish the existing two bedroom bungalow to be replaced
            with a pair of semi-detached bungalows with accommodation in the roof served
            by a dormer window to the front and box dormer to the rear. Onsite parking is
            proposed and a turning facility to front for a car each.

  2         Location and Description

  2.1.      The property is a dilapidated bungalow which suffers from significant neglect
            both internally and externally and currently detrimental to the street scene for
            this reason. The rear of the property is completely overgrown and inaccessible.

  2.2.      The property is located on Glenwood Avenue which is a Grade II classified
            road.

  2.3.      The wider locality is predominantly residential made up of varying housing
            designs and sizes.



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  3         Development Plan

  3.1.      ESRSP policy BE1 - Urban Intensification.

  3.2.      BLP policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), T8 (Traffic Management and Highway
            Safety) T11 (Parking Standards).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded

  3.4.      Design and Townscape Guide SPD (adopted June 2006)

  3.5.      Adopted EPOA Vehicle Parking Standards

  4         Planning History

  4.1.      None

  5         External Consultation

  5.1.      None undertaken

  6         Internal Consultation

  6.1.      Highway Comment – concern that parking limited to two spaces. Cars need to
            park in positions shown. Needs to be barrier to ensure footpath is not driven
            over.

  6.2.      Environmental Health – No comment.

  7         Publicity

  7.1.      Neighbour notification and site notice – representations received from two
            properties:
            ♦         Glenwood Avenue is a classified road and there should be the ability to
                      turn the vehicle around within the confines of the property.
            ♦         Only one vehicle per site proposed which is below the standard
                      requirement of 1.5 cars per dwelling (EPOA Standard).
            ♦         If the application is approved this would set a precedent for other
                      properties to be purchased and left empty and be allowed to fall into
                      disrepair in the hope of getting planning permission to build more homes
                      on the site.
            ♦         A Councillor is concerned about Glenwood Avenue being a classified
                      road, a bus route or a blue light route - parking arrangements must not
                      be ambiguous and there should not be reversing - welcomes the
                      development otherwise.
  8         Appraisal

  8.1.      The considerations with this application are the principle, the design and impact
            on street scene, the impact on neighbours, and any parking implications.




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            Principle, Design and impact on street scene

  8.2.      The proposal is to replace the existing bungalow with a pair of semidetached
            dormer bungalows. The footprint of the pair appears to be largely similar to the
            existing structure with a frontage of 10m and as such is considered acceptable
            in comparison to surrounding housing size.

  8.3.      The proposed façade incorporates bay windows with recessed doors which is a
            common design feature within the locality. Moreover, the upper floor dormers
            are modest in scale, set in from the side walls, above the eaves and below the
            roof hip with matching window design to that of the ground floor. The rear box
            dormers are also of modest size and relate to features of the ground floor. As
            such and by virtue of the fact that the proposal replicates some of the design
            features of the existing bungalow, the proposal is considered to be in keeping
            with the design of the locality and of a size conducive to the urban grain of the
            residential street.

  8.4.      The proposed rear amenity space of 64m² per dwelling is relatively small in
            comparison to surrounding properties however the amenity areas and
            landscaping around the development are considered adequate to serve the
            needs of the occupiers of a two bedroomed house.

            Impact on neighbours

  8.5.      The proposed building is positioned in such a way that it would not cause any
            undue light loss or privacy loss to nearby properties. There would be sufficient
            distance between the proposed building and neighbouring ones that existing
            residential amenities would be preserved. There are no side windows
            proposed.

  8.6.      In order to incorporate the amended forecourt parking and turning area the
            proposal extends beyond neighbouring properties by approximately 0.8m.
            Considering the size of neighbouring properties and the small proportion of the
            rear projection, the proposal will not have a significant detrimental effect of
            neighbouring properties.

  8.7.      There are side facing windows within number 85 however the proposal will not
            result in any net loss of light or outlook over the existing situation.

            Parking, traffic and highway

  8.8.      The original scheme did not incorporate a vehicle manoeuvring area which is
            required as Glenwood Avenue is a classified road. An amended scheme was
            subsequently submitted with manoeuvring area which is accepted by Highways.

  8.9.      The proposal provides one space per dwelling. It is considered that this would
            be an adequate amount of car parking for the development of a two bedroomed
            dwellings. As the existing property has no off street parking provision there
            would be no theoretical change in highway conditions or levels of on-street
            parking as a result of this development.

  8.10. It is recommended that boundary treatment to the front of the property be
        conditioned in order to reflect the concerns raised by Highways. Moreover, the
        future boundary treatment would also assist in hiding some of the forecourt
        parking area to the benefit of the street scene.

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            Other matters

  8.11. The accusation that this development would set precedent for other developers
        to deliberately allow similar properties to become dilapidated in order to
        facilitate development, or that the application has been recommended for
        approval simply because it is an improvement over the existing situation are
        unfounded. The fact that the property is in a state of disrepair is not a material
        consideration and the application has been assessed on its own merits against
        the relevant planning policies outlined above.

  9         Recommendation

            Members are recommended to DELEGATE to the Director to GRANT
            PLANNING PERMISSION, subject to the expiry of neighbour re-notification
            and the following conditions:
            01        Commence within three years
            02        Materials to be submitted
            03        Boundary treatment details to be submitted.    Agreed details
                      implemented and retained.
            04        Parking to be provided and retained
            05        Refuse storage to be provided and retained in accordance with
                      waste management guide
            06        Permitted Development restrictions




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  Milton Ward

  SOS/06/00992/FUL (Application for Full Planning Permission)

  CHANGE USE OF GROUND FLOOR SHOP (CLASS A1) TO SELF-
  CONTAINED FLAT (CLASS C3) USE FIRST FLOOR AS SELF-CONTAINED
  FLAT AND ALTER ELEVATIONS

  49 Queens Road, Southend on Sea

  Mr Mohammed                                                                         G MCCarthy




  1         The Proposal

  1.1.      Planning permission is sought to change the use of the ground floor shop
            (Class A1) into one 2 bedroom self-contained flat (Class C3) and use the first
            floor as one 2 bedroom self-contained flat. This application varies from that
            approved in April 2006 (SOS/06/00270/FUL) in that it is no longer proposed to
            erect a single storey rear extension.

  1.2.      A new entrance door would be formed on the front elevation of the building with
            a lobby area and two separate internal entrance doors, one to the ground floor
            flat and one to the first floor flat.

  1.3.      Alterations to the front elevation would comprise of the removal of the shopfront
            and formation of a new bay window to match to the first floor level.

  2         Location and Description

  2.1.      The application site comprises a two storey mid-terraced property located along
            the south side of Queens Road within a mixed use area. The building forms
            one planning unit and was formerly used as a shop/residential on the ground
            floor and residential at first floor - the unit is currently vacant. The building has
            a bay window at first floor level and a two storey outrigger projecting from the

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            rear elevation. This part of Queens Road had double yellow lines prohibiting on
            street parking and the site has no off street parking provision.

  2.2.      A vacant site is opposite the application site and was formerly used as one of
            the South East Essex College buildings but the buildings have since been
            demolished, the site used as an unmade car park. To the east and west of the
            site forms the adjoining terrace which is mainly residential in use apart from one
            unit at the western end of the terrace which is commercial. To the south of the
            site are residential properties.

  3         Development Plan

  3.1.      ESRSP Policies CS1 – Achieving Sustainable Urban Regeneration, BE1 –
            Urban Intensification, H4 – Development Form of New Residential
            Development, T11 – Traffic Management, T12 – Vehicle Parking.

  3.2.      BLP Policies C7 (Shop and Commercial Frontages and Fascias), C11 (New
            Buildings, Extension and Alterations), H5 (Residential Design and Layout
            Considerations), H6 (Protecting Residential Character), H7 (Formation of Self-
            Contained Flats), H13 (Queens Road Area), S4 (Retail Markets), T8 (Traffic
            Management and Highway Safety), T11 (Parking Standards), U5 (Access and
            Safety in the Built Environment).

  3.3.      Design and Townscape Guide.

  3.4.      EPOA Vehicle Parking Standards (2001).

  4         Planning History

  4.1.      2006 – Planning permission approved to change the use of the ground floor
            shop to a self contained flat and use the first floor as a self contained flat with
            alterations to the front elevation and a single storey rear extension
            (SOS/06/00270/FUL).

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      Traffic Comment – No comment.

  6.2.      Environmental Health Comment – No comment.

  7         Publicity

  7.1.      A Councillor has raised concerns regarding the need to ensure decent living
            accommodation is provided, together with off street parking or provision of a
            parking permit for street or car park parking.

  7.2.      Site Notice and Neighbourhood Notification – No responses received at the
            time of writing. Any responses will be reported.




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  8         Appraisal

  8.1.      The principle of the conversion to flats and loss of the commercial use, design
            implications and impact upon the streetscene, access and parking constraints,
            amenity space provision, and refuse storage were accepted as part of the 2006
            application (SOS/06/00270/FUL), and therefore the main issues to be
            considered are the quality of the revised living accommodation and impacts on
            the neighbouring properties.

  8.2.      The loss of the extension results principally in the loss of an internal courtyard
            and the standard of internal living accommodation remains satisfactory and
            raises no objections.

  8.3.      The site has no off street parking but is located to close to the town centre
            where there are sustainable transport links.          The additional unit of
            accommodation is not considered to give rise to a significant increase in
            parking demand and in fact a residential use would result in less parking
            demand than the existing commercial use. It was for this reason that no
            objections are raised to the application in terms of access and parking. In
            terms of a condition to require the occupants to have a parking pass, in view of
            the scale and type of development it is not considered reasonable to require
            such a condition.

  8.4.      For the reasons above it is considered that the proposed changes are
            acceptable subject to imposition of the same conditions as the previous
            permission.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION subject to
            the following conditions:
            01        Start within three years
            02        Materials to match existing
            03        No meter boxes to be installed on front elevation
            04        Refuse storage arrangements to be approved




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  West Leigh Ward

  SOS/07/00875/FUL (Application for full planning permission)

  ERECT TWO STOREY REAR EXTENSION

  4 Canvey Road, Leigh-on-Sea, SS9 2NN

  Mr & Mrs D Redman                                                                Mr D Booth




  1         The Proposal

  1.1.      Two storey extension to the rear to enlarge the kitchen and first floor bedrooms.

  1.2.      The accompanying design statement mentions that the approach chosen is to
            replicate the existing form and that the existing rooms are too small to allow
            them to be adequately utilised.

  2         Location and Description

  2.1.      A semi-detached property located in Chapmanslord Conservation Area. The
            adjacent property, no.6, has only secondary light source windows in its flank
            wall.

  3         Development Plan

  3.1.      ESRSP Policy BE1 - Urban Intensification.

  3.2.      BLP Policies C4 (Conservation Areas), C11 (New Buildings, Extensions and
            Alterations), H5 (Residential Design and Layout Considerations).

  3.3.      Core Strategy DPD (submitted August 2006) EiP concluded.

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  3.4.      Design and Townscape Guide SPD (adopted June 2006).

  3.5.      EPOA adopted Vehicle Parking Standards.

  4         Planning History

  4.1.      1968 – permission for garage

  5         External Consultation

  5.1.      Leigh Society – Object: Detriment to amenity of neighbouring property, daylight
            and sunlight. Occupiers may wish to use front garden for parking following
            removal of garage.

  5.2.      Leigh Town Council – Oppose: Damages symmetry of buildings,

  5.3.      Chapmanslord Residents Association – not received.

  6         Internal Consultation

  6.1.      None.

  7         Publicity

  7.1.      Neighbour notification – two objections received:
            ♦         contrary to Conservation Area appraisal
            ♦         detrimental impact on the architectural and historical layout and area as
                      a whole
            ♦         loss of parking given over to the enlargement of a current four bedroom
                      property
  7.2.      A Ward Councillor has commented that this will have an impact on the
            streetscene, be out of character with the Garden City concept, be seen from
            the street and be overdevelopment.

  8         Appraisal

  8.1.      The main issues with this application are the design, impact on the character of
            the Chapmanslord Conservation Area and the impact on residents’ living
            conditions.

  8.2.      The Character Appraisal for Chapmanslord Conservation Area identifies the
            importance of maintaining and improving the appearance of the front aspect of
            properties and the gaps between houses that are important to the streetscene.
            It does not imply any preclusion of rear extensions to properties. The extension
            of this property rearward, using the same roof design and increasing in terms of
            design and scale, would not have a detrimental impact on the appearance of
            this property or the character of the wider Conservation Area. The plan shows
            materials to match the existing building. As such, there are no design
            objections to this proposal.

  8.3.      Turning to the impact on neighbours’ living conditions, the extension of this
            property would be sited sufficiently distant from neighbouring properties that it
            would not unduly restrict light to or outlook from those properties. There are no
            objections to this proposal on neighbour impact grounds.


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  8.4.      On the issue of parking that objectors mention, it is not considered that the
            modest enlargement of the dwelling would materially alter the demand for
            parking in the area.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION subject to
            the following condition:
            01        Commence within three years



  Thorpe Ward

  SOS/07/00976/FUL (APPLICATION FOR FULL PLANNING PERMISSION)

  ERECT PART SINGLE/PART TWO STOREY/PART FIRST FLOOR SIDE AND
  REAR EXTENSION WITH BALCONY AT REAR (AMENDED PROPOSAL)

  26 Parkanaur Avenue, Southend-on-Sea, SS1 3HY

  Mr and Mrs G Plant                                                  Architecture BDA




  1         The Proposal

  1.1.      This is an amended application to erect a part single/part two storey/part first
            floor side and rear extension with a balcony at the rear. The previous
            application was for a two storey side extension and was refused on the grounds
            of design and impact on the neighbouring property number 28 Parkanaur
            Avenue.




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  2         Location and Description

  2.1.      The application property is a two storey detached property on the eastern side
            of Parkanaur Avenue.

  2.2.      The neighbouring property adjacent to the extension does not have any
            protected windows in the flanking wall.

  2.3.      The street is not characterised by two storey extensions directly on the
            boundary however there is one example of this which is at number 17 which is
            at the end of the road adjacent to the rear yard of 87 Burges Road and
            therefore terracing will not occur. The other properties in the street have
            generous gaps.

  2.4.      There is only one other example within the streetscene of a two storey side
            extension which sits directly on the boundary, that being no. 17. However it is
            adjacent to the rear garden of no 87 Burges Road and so terracing has not
            occurred.

  3         Development Plan

  3.1.      ESRSP Policy BE1 - Urban Intensification.

  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), Design and Townscape Guide.

  4         Planning History

  4.1.      16th November 2006 plans sent in with a two storey side extension without a
            separation to the boundary and it was suggested in a letter dated the 2nd
            January 2007 that this was unacceptable in principle given that this was not a
            character of the street.

  4.2.      March 2007 application to erect a two storey side extension subject of this
            amendment was refused on the grounds of design and the impact on number
            28 Parkanaur in terms of being obtrusiveness and overbearing.

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      None undertaken.

  7         Publicity

  7.1.      A Ward Councillor has concerns about whether this is overdevelopment.

  7.2.      No response received at the time of writing. Any additional responses will be
            reported.

  8         Appraisal

  8.1.      The considerations are design and impact on street scene and impact on the
            neighbours.

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  8.2.      Parkanaur Avenue is typified by large detached properties with generous gaps
            between the dwellings. In terms of the impact in the streetscene the proposed
            extensions will not be excessive in size in relation to the other properties and at
            first floor level the building has been set in one metre from the boundary. From
            the front the design is considered appropriate drawing reference from existing
            features and is subservient to the original property. From the rear a more
            contemporary approach has been taken which is considered to integrate
            effectively with the property.

  8.3.      The proposed extension will project directly on the boundary at ground floor
            level from the front of the property and extends 2m beyond the main rear wall
            of number 28 Parkanaur. At first floor level this will project 5.5m beyond the
            neighbour set in 1m from the boundary. The neighbouring property 28
            Parkanaur does not have any habitable windows in the wall flanking the
            proposed extension however there are protected windows at ground and first
            floor levels at the rear. The proposed extension will compromise the 45º angle
            and therefore the depth and proximity to the boundary of the extension is
            considered to be detrimental to the amenities of the neighbour. Furthermore,
            the application property is located to the south of the neighbour and therefore in
            addition to the obtrusiveness of the extension there will also be considerable
            loss of light.

  8.4.      The applicant has been requested to reduce the depth of the first floor
            extension by 2m to resolve these concerns and if this is done prior to
            committee then there would be no reason to object to the scheme.

  8.5.      The proposed balcony is sited to the side of the two storey projection and would
            be located 6m from the side boundary of number 24 Parkanaur Avenue,
            obscured by the proposed extensions from number 28 Parkanaur Avenue and
            sited 27m from the rear boundary. Provided a screen is erected on the
            southern side of the balcony this is considered to be sufficient to prevent
            against overlooking of the neighbouring properties.

  8.6.      The glass bricks in the side elevation located directly on the boundary would
            not allow overlooking. The windows at first floor are set in 1m from the
            boundary and can be obscure glazed.

  9         Recommendation

            Subject to receipt of revised plans reducing the depth of the extension by
            2m at first floor level Members are recommended to GRANT PLANNING
            PERMISSION subject to the following conditions:
            01        Start within three years
            02        Submission of materials
            03        Erection of obscure glazed screen on south side of balcony
            04        No additional window sin side elevations.




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  Thorpe Ward

  SOS/07/00994/FUL (Application for full planning permission)

  ERECT PART FIRST FLOOR/PART TWO STOREY REAR EXTENSION

  31 Colbert Avenue, Southend-on-Sea, SS1 3BH

  Dr V K George                                              Welton Bremner Partnership




  1         The Proposal

  1.1.      To erect a two storey extension and first floor extension above an existing
            single storey projection.

  1.2.      The two storey extension is 4.4m in depth but only projects 0.6m beyond the
            existing rear building line.

  1.3.      The proposed extensions have hipped roof at a pitch to match the original
            dwellinghouse.

  2         Location and Description

  2.1.      The application site is a detached dwellinghouse that has previously been
            extended. The house has a large rear garden to the north and the front
            elevation faces south to Colbert Avenue.

  2.2.      To the east is number 29 Colbert Avenue, this is a detached dwellinghouse that
            projects approximately 3m beyond the rear building line of number 31.

  2.3.      To the west number 33 projects in excess of 3m beyond the existing rear
            building line of number 31, there are windows in the flank wall but they do not
            serve habitable rooms and are not protected.
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  3         Development Plan

  3.1.      ESRSP Policy BE1 - Urban Intensification.

  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations).

  3.3.      Core Strategy DPD Policy KP2.

  3.4.      Supplementary Planning Document: Design & Townscape Guide.

  3.5.      EPOA adopted Vehicle Parking Standards.

  4         Planning History

  4.1.      1983 - planning permission granted to erect two storey rear extension and
            single storey side extension.

  5         External Consultation

  5.1.      Environment Agency – property is in Flood Zone 3 and the Agency’s standing
            advice applies, a simple flood risk assessment should be submitted as part of
            the application

  6         Internal Consultation

  6.1.      None undertaken.

  7         Publicity

  7.1.      Neighbours notified of application, no responses at the time of writing. Any
            response will be reported to Members.

  7.2.      A Ward Councillor has expressed concerns about possible overdevelopment at
            the site.

  8         Appraisal

  8.1.      The main issues to be considered are design and impact on neighbours.

  8.2.      The scale of the proposed extensions is such that they will not project beyond
            the rear building lines of either of the adjoining properties and so will not be
            dominant or intrusive. The use of matching materials and roof pitches ensures
            that visually the extensions will complement the original house. The extensions
            will not be visible from the street and due to the mature boundary planting at
            the rear will also not be clearly visible from the golf course. It is considered that
            the design and visual impact of the extensions are acceptable. The adjacent
            property, no 33, has a side window at first floor, however, this is not a
            secondary and habitable window.




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  8.3.      With regard to overdevelopment the extensions would provide an additional
            bedroom at first floor and additional living area at ground floor, this would not
            result in a significant increase in the level of activity at the site. The amount of
            land being used for the extension in comparison to the amount of land available
            at the site is negligible and the modest increase in the footprint of the building is
            not considered to be overdevelopment.

  9         Recommendation

            Members are recommended to DELEGATE TO GRANT PLANNING
            PERMISSION subject to the receipt of an acceptable flood risk
            assessment and the following conditions:
            01        Commence within three years
            02        Materials to match existing




  Southchurch Ward

  SOS/07/00903/LBC (Application for Listed Building Consent)

  REPLACE WOODEN                           SHINGLE   WITH      CLAY TILES   (LISTED         BUILDING
  CONSENT)

  3 and 4 Fox Hall Cottages, Fox Hall, Lane, Southend-on-Sea

  The Garon Trust                                                           Mr P Richards IHBC

  This application should be read in conjunction with SOS/07/00901/FUL




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  1         The Proposal

  1.1.      To replace the existing cedar shingles with pain clay tiles.

  1.2.      The applicant has also submitted an application for full planning permission.

  2         Location and Description

  2.1.      The site is a Grade II listed timber framed building dating from C14 with
            alterations and additions carried out throughout the C15 and C16. The
            property was previously two houses but has been converted back into one
            residential unit.

  2.2.      The site is located in close proximity for the Essex Golf Complex headquarters
            and clubhouse, the property is surrounded by the golf course.

  3         Development Plan

  3.1.      Planning Policy Guidance 15: Planning and the Historic environment

  3.2.      ESRSP Policies HC3 - Protection of Listed Buildings, BE1 - Urban
            Intensification.

  3.3.      BLP Policies C2 (Historic Buildings), C11 (New Buildings, Extensions and
            Alterations).

  3.4.      Core Strategy DPD Policy KP2 (Development Principles), CP4 (The
            Environment and Urban Renaissance).

  3.5.      Supplementary Planning Document: Design & Townscape Guide.

  4         Planning History

  4.1.      There is a full planning application being considered in conjunction with this
            application.

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      None undertaken.

  7         Publicity

  7.1.      Neighbours notified of application, site notice displayed and press notice
            published. At the time of writing no responses have been received but the
            publicity period has not expired, any responses will be reported to Members.

  8         Appraisal

  8.1.      The consideration is the impact on the character and appearance of the Listed
            Building.




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  8.2.      PPG15 advises that all Listed Building Consent applications should be
            considered in terms of the importance of the building, the features that justified
            the building’s inclusion on the list, the building’s setting and whether any
            community value would accrue from the works.

  8.3.      The building is one of three original timber framed buildings within the Borough
            and while not of national importance is of significant local importance as so few
            of the original buildings in this area remain. This is the reason for the inclusion
            on the list as well as there being some very specific medieval features within
            the building such as vaulted ceilings and circular bracing, the roof while
            mentioned within the listing documents is not of specific importance, although
            the beams supporting it have been dated to C14. The application does not
            interfere with any of the internal timber structures and will not alter the specific
            character of the building.

  8.4.      The building’s setting is not one that bears much consideration, the grounds
            and buildings that would have been associated with a dwelling of high status
            are no longer in evidence and the construction of the clubhouse for the Essex
            Golf Complex means that there is no specific historic setting to preserve. As
            the development is in private use no community benefits would accrue.

  8.5.      The suitability of the materials proposed has been questioned in terms of their
            historic context and the loss of the only shingle roof in the Borough. The
            character of this building is not defined by its roof and the use of tiles would not
            detract from the overall appearance or historical and architectural significance
            of the structure. Clay tiles can be manufactured in a number of shades and
            should it be considered that a muted or darker shade of tile would be more
            suitable to this structure then this can be achieved through the use of
            conditions. The age of the building and the architectural history of buildings in
            this area makes it unlikely that wooden shingle would have been the traditional
            material to be used as these were generally confined to specific ecclesiastical
            buildings and were not used on domestic dwellings, even high status ones. It is
            considered that the proposed materials will not detract from the character and
            appearance of this Grade II Listed Building and will reinstate materials that are
            more contextually correct to the age and style of the building.

  9         Recommendation

            Members are recommended to GRANT LISTED BUILDING CONSENT
            subject to the following conditions:
            01        Commence within three years
            02        Material samples to be submitted to and approved by the Local
                      Planning Authority




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  Southchurch Ward

  SOS/07/00901/FUL (Application for full planning permission)

  REPLACE WOODEN SHINGLE WITH CLAY TILES

  3 and 4 Fox Hall Cottages, Fox Hall Lane, Southend-on-Sea

  The Garon Trust                                                      Mr P Richards IHBC

  This application should be read in conjunction with SOS/07/00903/LBC




  1         The Proposal

  1.1.      To replace the existing cedar shingles with pain clay tiles.

  1.2.      The applicant has stated that the roof is in a poor state of repair and that this is
            contributing to water damage at the premises.

  2         Location and Description

  2.1.      The site is a Grade II listed timber framed building dating from C14 with
            alterations and additions carried out throughout the C15 and C16. The
            property was previously two houses but has been combined back into one
            residential unit.

  2.2.      The site is located in close proximity for the Essex Golf Complex headquarters
            and clubhouse, the property is surrounded by the golf course.

  3         Development Plan

  3.1.      Planning Policy Guidance 15: Planning and the Historic environment

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  3.2.      ESRSP Policies                 HC3   (Protection     of    Listed   Buildings),      BE1       (Urban
            Intensification).

  3.3.      BLP Policies C2 (Historic Buildings), C11 (New Buildings, Extensions and
            Alterations).

  3.4.      Core Strategy DPD Policy KP2 (Development Principles), CP4 (The
            Environment and Urban Renaissance).

  3.5.      Supplementary Planning Document: Design & Townscape Guide.

  4         Planning History

  4.1.      There is a Listed Building Consent application that is being considered in
            parallel with this full application.

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      None undertaken

  7         Publicity

  7.1.      Neighbours notified of application and site notice displayed, at the time of
            writing the publicity period had not expired, Members will be informed of any
            responses.

  7.2.      A Ward Councillor expresses concerns regarding loss of the only example of
            wooden shingle roofing in the Borough and requests that the application be
            determined at development Control Committee.

  8         Appraisal

  8.1.      The considerations are the suitability of the materials, impact on the listed
            building and consideration of protected species.

  8.2.      The suitability of the materials proposed is a matter of some debate. The
            original listing in the 1970s and the revised description of 1992 both refer to
            plain clay tiles. An application in 1996 refers to cedar shingles on the roof but it
            is uncertain when they were installed. It is unclear whether the listing
            description is inaccurate or whether the property has been re-roofed without
            consent having been granted. The roof is currently cedar shingle but there is
            no evidence that this would have been the case historically, originally the roof
            would possibly have been constructed of thatch and this would have replaced
            by clay tiles being as they are the dominant roofing material historically found in
            this area of the country. The agent has submitted a detailed statement that
            supports the view that the use of cedar shingles is not historically accurate to
            the style or age of the building. Given this it is considered that the proposed
            material is appropriate to the building.

  8.3.      The loss of the only cedar shingle roof in the Borough has been raised as a
            concern; however there is evidence that this type of roofing was used only for
            churches past the C14 and so retention of cedar shingles on a large domestic
            dwelling would not be historically accurate.
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  8.4.      The proposed tiles would be significantly heavier than the existing shingles.
            This has been raised with the agent who carried out a survey of the property
            prior to submitting the application and is confident that there are no structural
            issues arising from the change in materials. Due to the change in the roof
            weighting it is likely that Building Regulations approval will be necessary for the
            work and an informative to this effect should be attached to any permission in
            order to further protect the property.

  8.5.      A survey has been submitted as part of the planning application that confirms
            that there is no presence of bats at the property and so no issue of impact on
            protected species.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION subject to
            the following conditions:
            01        Commence within three years
            02        Material samples to be submitted to and approved by the Local
                      Planning Authority

            Informative – Works may require Building Regulations consent




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  Milton Ward

  SOS/07/00969/FUL (Application for full planning permission)

  DEMOLISH  REAR    EXTENSION, ERECT SINGLE  STOREY   REAR
  EXTENSION CONVERT PREMISES INTO TWO SELF-CONTAINED FLATS
  AND ALTER ELEVATIONS

  70 Park Street, Westcliff-on-Sea, SS0 7PA

  L G Building Contractors Ltd.                                                    G Horrigan




  1         The Proposal

  1.1.      To convert a vacant retail unit and its associated first floor to form two self-
            contained flats.

  1.2.      The proposal includes one parking space at the rear accessed from Queens
            Road. There is waste storage proposed adjacent to the highway.

  1.3.      Each of the flats would have separate accesses, the ground floor flat being
            accessed from Queens Road and the first floor flat from Park Street.

  2         Location and Description

  2.1.      The site comprises a vacant retail unit with associated office and workshop at
            first floor, there is a parking area at the rear. There are two entrances to the
            site, on the corner of Park Street and Queens Road is the main entrance to the
            retail unit and there is a separate entrance on Queens Road. The site is within
            the Queens Road Policy Area.


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  2.2.      At the rear (east) of the site is an electricity substation.        Beyond this are
            residential properties.

  2.3.      To the south of the site is a converted shop for which permission was granted
            in 1986.

  2.4.      To the north of the site is Queens Road; on the northern corner of Queens
            Road and Park Street are two other conversions from retail to residential.

  3         Development Plan

  3.1.      ESRSP Policies CS1 - Achieving Sustainable Urban Regeneration, BE1 -
            Urban Intensification, H2 - Housing Development - The Sequential Approach,
            H3 - Location of Residential Development, T12 - Vehicle Parking.

  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations), H6 (Protecting Residential Character), H7
            (Formation of Self-Contained Flats), H13 (Queens Road Area, Southend-on-
            Sea), T11 (Parking Standards).

  3.3.      Core Strategy DPD Policy KP2.

  3.4.      Supplementary Planning Document: Design & Townscape Guide

  3.5.      EPOA adopted Vehicle Parking Standards.

  4         Planning History

  4.1.      In 1987 permission was granted to form a vehicular access to Queens Road.

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      Highways Comment – parking area not sufficient to accommodate two cars.

  6.2.      Environmental Health Comment – no comment.

  7         Publicity

  7.1.      Neighbours notified of application, at the time of writing the publicity period had
            not expired, any responses will be reported to Members.

  7.2.      A Ward Councillor has expressed concerns regarding the parking provision and
            the number of property conversions within the area. Another Councillor has
            expressed concerns over parking and waste storage.

  8         Appraisal

  8.1.      The considerations are the principle of the conversion, amenity space, design,
            impact on the street scene, impact on neighbours and parking implications.

  8.2.      The proposed conversion complies with Policy H13 that deals solely with this
            area of Southend; it states that “Proposals to provide residential
            accommodation either by redevelopment or conversion of existing commercial

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            properties will normally be supported by the Borough Council...” The proposal
            does not conflict with Policy H6 as the property was not previously a
            dwellinghouse but in commercial use. It is therefore considered that there are
            no policy objections to the principle of conversion of the commercial property to
            a residential use.

  8.3.      There is no amenity space provided as part of the application despite there
            being an area 36m2 at the rear of the site. When the area of the single parking
            space is deducted from that there is 19m 2 remaining but the inclusion of an
            extension at ground floor has resulted in no useable amenity space being
            provided at the site. The lack of amenity space is considered to be
            unacceptable especially when viewed in conjunction with limited access to
            public open space from this location.

  8.4.      The only external alterations to the property are the construction of a single
            storey rear extension to house the bathroom of the ground floor unit and the
            alteration to the shop front to form solid construction walls with domestic style
            windows to match the first floor. The new frontage to Park Street has been
            designed to continue with the pitched roof from the adjoining property and to
            use the same style windows as the first floor. It is considered that the proposal
            will be visually acceptable and will complement development immediately
            adjacent. The single storey rear extension although minimal in size results in a
            loss of amenity space and its inclusion as part of the scheme is indicative of
            overdevelopment as the proposal cannot be contained within the existing
            building envelope.

  8.5.      The impact on the street scene will be minimal, the site is currently vacant and
            is the only remaining retail unit on the junction of Queens Road and Park
            Street. The proposal includes the installation of a low boundary fence to the
            front of the property that will strengthen the residential look of the property and
            link it visually with the residential properties within the street. It is considered
            that the site as it is adds little to the street scene and the proposal respects the
            style and character of the building and will not detract from the overall street
            scene if approved.

  8.6.      It is not proposed for there to be any windows in the south facing flank wall and
            so no overlooking to the adjoining property will be created. There is a single
            storey rear extension but this is of a small scale and is set away from the
            boundary, it is considered that this will not have a detrimental effect on the
            amenity of the adjoining property to the south. The windows in the rear wall at
            first floor level will be obscure glazed as it serves a bathroom and so there will
            be no overlooking created to the east. It is considered that the impact on
            neighbours will acceptable.




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  8.7.      The parking area at the rear is only sufficient in size for one car to be parked;
            this does however mean that there is sufficient space for bicycles to be stored
            here. The parking at 50% is not ideal as there is a high level of parking stress
            within the area, however the site is also in walking distance of bus and train
            services as it is approximately 0.75 km (0.46 miles) from Southend Central
            Station and significantly closer to bus services along London Road. It is
            considered that the site is a sustainable location and that the parking provision
            of 50% can be justified.

  9         Recommendation

            Members are recommended to REFUSE PLANNING PERMISSION for the
            following reason:
            01        The proposed development, due to its cramped nature and lack of
                      amenity space, would result in an unacceptable standard of
                      environment for future occupants and is contrary to Policy BE1 of
                      the Essex and Southend Replacement Structure Plan and Policies
                      H5 and H7 of the Borough Local Plan.



  Southchurch Ward

  SOS/07/00965/FUL (Application for full planning permission)

  INSTALL WINDOW TO EAST ELEVATION AT FIRST FLOOR LEVEL

  158 Southchurch Boulevard, Southend-on-Sea, SS2 4UY

  The Abbeyfield Southend Society Ltd                          Sorrell Chartered Surveyors




  1         The Proposal

  1.1.      To install a window measuring 1.2m in width and 1.2m in height in the east
            elevation of the building facing Fortescue Chase.

  1.2.      The proposed window is a secondary window to a bedroom, the original
            window faces south.

  2         Location and Description

  2.1.      The site is a residential care facility for elderly people located on the corner of
            Fortescue Chase and Southchurch Boulevard.

  2.2.      The area is predominantly residential comprising detached dwellings of varying
            sizes.

  3         Development Plan

  3.1.      ESRSP Policy BE1 - Urban Intensification.
9a253f70-d146-415d-8575-051a56e534b9.doc       Page 78 of 80            Report No:   DETE07/085 - FINAL
  3.2.      BLP Policies C11 (New Buildings, Extensions and Alterations), H5 (Residential
            Design and Layout Considerations)

  3.3.      Core Strategy DPD Policy KP2.

  3.4.      Supplementary Planning Document: Design & Townscape Guide

  4         Planning History

  4.1.      Various applications at the site, none directly relevant.

  5         External Consultation

  5.1.      None undertaken.

  6         Internal Consultation

  6.1.      None undertaken.

  7         Publicity

  7.1.      Neighbours notified of application, no responses had been received at the time
            of writing. Any responses will be reported to Members.

  7.2.      A Ward Councillor has vetoed the application as the window is not obscure
            glazed.

  8         Appraisal

  8.1.      The considerations are design and impact on neighbours.

  8.2.      The size and design of the window are in keeping with the overall character and
            appearance of the property and its installation would not be detrimental to the
            building.

  8.3.      The window looks out over Fortescue Chase, it is normally the case that
            windows in the front elevations of properties do not have the same level of
            privacy and protection as windows at the rear as they are already within the
            public realm. In this case the proposed window will be 21m from the nearest
            wall of the closest residential property. It is considered that there is no loss of
            privacy to neighbours or any overlooking created by the window and that it
            would therefore be unreasonable and unnecessary to require it to be obscure
            glazed.

  9         Recommendation

            Members are recommended to GRANT PLANNING PERMISSION subject to
            the following condition:

            01        Commence within three years

  º




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            Background Papers

            (i)       Planning applications and supporting documents and plans
            (ii)      Application worksheets and supporting papers
            (iii)     Non-exempt contents of property files
            (iv)      Consultation and publicity responses
            (v)       Borough Local Plan
            (vi)      Relevant PPGs, DCPNs and Circulars

            NB        Other letters and papers not taken into account in preparing this report
                      but received subsequently will be reported to the Committee either orally
                      or in a supplementary report.




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