Agenda item

This report before members concerned the service of a Purchase Notice on the Council dated 24 March 2014 by the owners of land adjacent to 151 Avon Road, Upminster RM14 1RQ, following the refusal of planning permissions to develop the site the owners claim that the land has become incapable of beneficial use in its existing state and cannot be rendered capable of a reasonably beneficial use and therefore, in accordance with Section 137 of the Town and Country Planning Act, the Council should purchase the land. The Council contested the Notice and the Secretary of State will issue a preliminary decision on the Purchase Notice should the Secretary of state in their preliminary decision reject the Purchase Notice, if the claimant so chose, the claimant can request that their claim be heard by way of public inquiry.

The Committee noted the report and without debate RESOLVED that

(1)       The Purchase Notice be contested at any forthcoming public inquiry;

(2)       The site, in its existing state is capable of a beneficial use as general open amenity land;

(3)       As part of any Purchase Notice Inquiry, an undertaking to grant planning permission be given to use part of the site within Classes A1 for the stationing of a kiosk or other similar structure:

• No buildings other than a kiosk or kiosk like structure to be erected

• Site not to be used and no deliveries to the site shall take place outside the hours of 0800 to 2200 Monday to Friday and 0800 to 2200 Saturdays
• Maximum height of any structure stationed on the site not to exceed 2.5 metres above ground level
• No Structure to be stationed within 2 metres of the existing rear-access external flight of steps serving as access to the adjacent residential block or blocking access to the use of the external flight of steps serving as access to the adjacent residential block
• Use not to commence until details of parking layout submitted and approved by Local Planning Authority
• Use not to commence until details of layout of open storage areas to be submitted and approved by Local Planning Authority
• Use not to commence until details of method of waste storage and disposal submitted to and approved in writing by the Local Planning Authority
• Space to be laid out within the site and any structures stationed on the site, in accordance with details submitted and approved in writing by the Local Planning Authority, to enable vehicles to enter from Front Lane  and exit onto Front Lane in forward gear and to ensure that the use of the rear-access flight of steps serving the residence at first floor of the adjacent block is not obstructed.
• Use not to commence until details of external lighting submitted to and approved in writing by the Local Planning Authority
• Use not to commence until details of boundary treatment submitted to and approved in writing by the Local Planning Authority
• Noise levels, expressed as the equivalent continuous sound level LAeq (1 hour), calculated at the boundary with the nearest noise sensitive premises shall not exceed LA90 -5dB.

(4)       As part of any Purchase Notice Inquiry, an undertaking to grant planning permission be given to use the site for the parking of vehicles subject to the following conditions:

• Maximum of 2 vehicles no greater in size than a transit van to be kept on the site at any time
• No buildings to be erected on the site including temporary buildings and demountable buildings.
• Space to be laid out within the site, in accordance with details submitted to and approved in writing by the Local Planning Authority, to enable vehicles to enter from Front Lane  and exit onto Front Lane in forward gear and ensure that the use of the rear-access flight of steps serving the residence at first floor of the adjacent block is not obstructed.
• Use not to commence until details of external lighting submitted to and approved in writing by the Local Planning Authority
• Use not to commence until details of boundary treatment submitted to and approved in writing by the Local Planning Authority

(5)       As part of any Purchase Notice Inquiry, an undertaking to grant planning permission be given to use part of the site within Classes A5 for the stationing of tables and chairs ancillary to the use of the ground floor of 151 Avon Road as a takeaway (use class A5):

• No buildings including temporary or demountable buildings to be erected

• Site not to be used and no deliveries to the site shall take place outside the hours of 0800 to 2200 Monday to Friday and 0800 to 2200 Saturdays
• No tables and chairs to be stationed within 2 metres of the existing rear-access external flight of steps serving as access to the adjacent residential block or blocking access to the use of the external flight of steps serving as access to the adjacent residential block
• Use not to commence until details of parking layout submitted and approved by Local Planning Authority
• Use not to commence until details of layout of the area/s for tables and chairs to be submitted and approved by Local Planning Authority
• Use not to commence until details of method of waste storage and disposal submitted to and approved in writing by the Local Planning Authority
• Parking space to be laid out within the site and tables and chairs to be stationed on site, in accordance with details submitted and approved in writing by the Local Planning Authority, to enable vehicles to enter from Front Lane  and exit onto Front Lane in forward gear and to ensure that the use of the rear-access flight of steps serving the residence at first floor of the adjacent block is not obstructed.
• Use not to commence until details of external lighting submitted to and approved in writing by the Local Planning Authority
• Use not to commence until details of boundary treatment submitted to and approved in writing by the Local Planning Authority
• Noise levels, expressed as the equivalent continuous sound level LAeq (1 hour), calculated at the boundary with the nearest noise sensitive premises shall not exceed LA90 -5dB.