Showroom and one flat at 141 Broadway, Leigh-on-Sea

“In association with the intended showroom use, internal changes are proposed at ground and first floors to remove the former restaurant’s kitchen/bar/toilets/storage areas etc. Externally, it is proposed to fully enclose the rear of the existing building with new built form to facilitate an internal stair and allowing separate stepped access and egress between the first and second floors of the commercial unit.”

“The second-floor roof extension would facilitate one 1-bed, 2-person unit of some 57sqm, finished with a flat roof. The extension would retain a setback of some 2.6m from the existing front elevation enabling formation of a front terrace to serve as the unit’s external amenity area. The front terrace is proposed to be enclosed by a 1.8m high privacy screen to its south side, with balustrading to its northern and eastern elevations.”

“The building is immediately adjacent to both the District Centre and Secondary Shopping Frontage along the Broadway. It is at a point of transition between the district centre shopping area and the residential area to the north. There is a garden centre adjacent the site, to the north, and the site abuts residential gardens to the rear.”

“The surrounding main streets are characterised by shops, services including dentistry and dry cleaners, and leisure uses such as takeaways, cafes and drinking establishments. There are a number of flats including purpose-built apartment buildings and flats above shops in the area. There is a three-to-five storey mixed-use building to the immediate south of the application site, comprising commercial units at ground floor and 20 flats to the upper floors.”

“This extant permission is considered to carry significant weight in the determination of the application. This 2023 permission is extant until 16th November 2026.”

“- 23/01508/FUL - Erect first floor rear extension and second floor extension to form additional restaurant and ancillary storage space, and roof terrace to front, relocate associated roof- mounted equipment including installation of extract flue to roof, and erect replacement external staircase and associated elevation alterations – Approved. Extant until 16th November 2026.”

“This proposal would retain a commercial unit on the site and, notwithstanding that it is described so in the application description, would not represent a material change of use of the existing building given the existing and proposed commercial operations are both within use Class E (Commercial, Business and Service). This would be in general accordance with the above-noted policy requirements.”

“The principle of a roof extension has previously been established through earlier permissions at the site for similar development, including the extant ‘2023’ permission (Ref. 23/01508/FUL). Whilst this proposal would introduce a new, mixed-use nature to the building, the housing figures and national planning policy promote the enlargement of existing commercial buildings, including through additional storeys as a means to facilitate additional housing in existing urban centres such as this.”

“Environmental Health 5.3 No objections. Conditions are recommended to control construction hours, for details of compliant waste and recycling to be agreed, for a post completion noise survey to be provided to demonstrate an ambient living environment for future occupiers can be achieved and to control noise and vibration from the proposed roof plant and equipment in the interests of neighbour amenity.”

“Essex County Fire and Rescue Service 5.4 No objections. Access for fire service purposes is considered satisfactory. More detailed observations on access and facilities for the Fire Service will be considered at Building Regulation consultation stage. Informative relating to sprinkler systems recommended.”

“Public Consultation 5.1 Twenty-nine (29) neighbouring properties were notified of the application by letter and a site notice was posted. A further round of consultation was undertaken due to a change in the description of the development. Three (3) representations from two (2) addresses were received which are summarised below.. Summary of comments: • Residential amenity concerns. • Overlooking and loss of privacy concerns. Privacy screens do not overcome these concerns.”

“[Officer Comment]: The concerns in the above representations are noted and where they refer to material planning considerations they have been taken into account in the assessment of the application. They have not been found to represent reasons justifying refusal of planning permission on those grounds in the circumstances of this case.”

“Resolved:- That PLANNING PERMISISON be GRANTED subject to the following conditions:”