Agenda and decisions

Apologies for absence were submitted on behalf of Councillor J Fraser.

There were no declarations of interest.

To approve as a correct record the Minutes of the previous meeting held on 24 May 2018.

It was RESOLVED that the minutes of the Planning & Development Committee held on 24 May 2018 are approved as a correct record and signed by the Chair.

To consider the demolition of existing dwelling and erection of 4no. three bedroom dwellings and relocation of vehicular access.

It was RESOLVED:

That planning permission be refused for the following reason:

The proposed demolition of the cottage would result in the loss of an historic property to the detriment of the character and visual amenities of the area and the benefit of the residential development would not compensate for the loss of this property. The development is, therefore, contrary to policy TW9 of the Stevenage District Plan Second Review 1991 - 2011 (adopted 2004), Policies SP8 and GD1 of the Stevenage Borough Local Plan 2011 - 2031, Publication Draft (2016), the Council's Design Guide SPD (2009), the National Planning Policy Framework (2018) and the Planning Practice Guidance (2014).

To consider an application for the conversion of existing parking lay-bys into end on parking bays with additional footpaths adjacent to the kerbs including a small kerbed build out to be constructed to protect the existing large tree.

It was RESOLVED:

That planning permission be granted subject to the following conditions:

1.         The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed location plan, R/153/1 and R/153/3.

2.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

3.         The materials to be used in the construction of the new parking spaces and footpath areas hereby permitted shall be as specified on the drawings and application details forming part of this application.

4.         Prior to the first use of the parking spaces hereby permitted, details shall be submitted to and agreed in writing by the Local Planning Authority of the replacement trees and their locations in order to offset the loss of the existing trees at the site. The replacement planting shall be undertaken as agreed in the first available planting season following the completion of the works.

5.         If within a period of five years from the completion of the development the replacement landscaping and trees die, are removed or become seriously damaged or diseased they shall be replaced in the next planting season with ones of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

6.         No removal of trees shall be carried out on site between the 1^st March and 31^st August inclusive in any year, unless searched beforehand by a suitably qualified ornithologist.

To consider the partial demolition of existing buildings to facilitate erection of new residential building comprising 39no. studio, 54no. one bed and 1no. two bed flats with under-croft car parking; retention of existing office use (Use Class B1) on upper floors; change of use of existing retail units (Use Class A1) to a mixed use development of Use Classes A1 (Shops), A2 (Professional & Financial Services), A3 (Restaurants & Cafes), A4 (Drinking Establishments) and D2 (Gym) with associated enhancements to shop frontages; replacement canopies; public realm improvements and associated car parking and highway works.

It was RESOLVED:

That planning permission be granted subject to the applicant having first entered into and completed a Section 106 legal agreement to secure/provide financial contributions towards:

·               Libraries and Youth Facilities;

·               The improvement of outdoor sports facilities and children’s play space;

·               Contributions towards a car parking study, TROs and replacement of Pay and Display Machine Signage and Road Markings;

·               The cost of evaluating, assessing the residential Travel Plan;

·               A financial contribution towards sustainable transport infrastructure in Stevenage Town Centre;

·               To secure the on-site provision of affordable housing; and

·               To secure the provision of 1 no. CCTV System,

the detail of which be delegated to the Assistant Director of Planning and Regulation, in liaison with the Council’s appointed Solicitor, and subject to the following conditions:

1.         The development hereby permitted shall be carried out in accordance with the following approved plans:

            P1.1; P1.2; P4.1b; P4.2; P4.2.1, P4.3a; P4.4a; P4.4.1 P4.5; P5.1; P5.2; P5.3; P5.4; P5.5, P5.6; P5.7a.

2.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

3.         No development, other than works of demolition, shall commence until a schedule and sample of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.     

 4.        Notwithstanding details specified in the application submission, no public realm landscaping works shall commence until a scheme of soft and hard landscaping and details of the treatment of all hard surfaces has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of all new planting to take place including species, size and method of planting. The approved landscaping scheme shall be implemented within the first available planting season following the first occupation of the buildings or the completion of the development whichever is the sooner.

 5.        Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 6.        Prior to the first occupation of the ground floor mixed Use Class A1 (Shop) to A3 (Restaurants and Cafes) and Use Class A1 (Shop) to A4 (Bars and Public Houses) units as detailed on drawing number P4.1b, a scheme for the installation of equipment to control the emission of fumes and smell from these premises shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the first occupation of these units. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer’s instructions.

7.         No demolition or construction work relating to  ...  view the full decision text for item 5.

To consider the partial demolition of existing buildings and provision of undercroft car parking;  retention of existing office use (Use Class B1) on upper floors; change of use of existing retails units (Use Class A1) to a mixed use development of Use Classes A1 (Shops), A2 (Professional & Financial Services), A3 (Restaurants & Cafes), A4 (Drinking Establishments) and D2 (Gym) with associated enhancements to shop frontages; replacement canopies; public realm improvements and associated car parking and highway works.

It was RESOLVED:

That planning permission be granted subject to the applicant having first entered into and completed a Section 106 legal agreement to secure/provide financial contributions towards:

·               Contributions towards TROs and replacement of Pay and Display Machine Signage and Road Markings; and

·               Secure provision of a CCTV camera,

the detail of which be delegated to the Assistant Director of Planning and Regulation, in liaison with the Council’s appointed Solicitor, and subject to the following conditions:

1.        The development hereby permitted shall be carried out in accordance with the following approved plans:

            P1.1; P1.2; P4.1a; P4.2; P4.3; P5.1; P5.2; P5.3; P5.4; P5.6.

2.        The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

3.        No development, other than works of demolition, shall commence until a schedule and sample of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

4.       Notwithstanding details specified in the application submission, no public realm landscaping works shall commence until a scheme of soft and hard landscaping and details of the treatment of all hard surfaces has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of all new planting to take place including species, size and method of planting. The approved landscaping scheme shall be implemented within the first available planting season following the first occupation of the buildings or the completion of the development whichever is the sooner.

5.        Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

6.        Prior to the first occupation of the ground floor mixed Use Class A1 (Shop) to A3 (Restaurants and Cafes) and Use Class A1 (Shop) to A4 (Bars and Public Houses) units as detailed on drawing number P4.1a, a scheme for the installation of equipment to control the emission of fumes and smell from these premises shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the first occupation of these units. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer’s instructions.

7.        No demolition or construction work relating to this permission shall be carried out on any Sunday, Public or Bank Holiday nor at any other time, except between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0830 and 1300 on Saturdays, unless otherwise agreed in writing by the Local Planning Authority. These times apply to work  ...  view the full decision text for item 6.

To consider the erection of a two storey modular office building with associated boundary treatments, hard landscaping and services.

It was RESOLVED:

That temporary planning permission be granted subject to the following conditions:

1.         The development hereby permitted shall be carried out in accordance with the following approved plans:

919 A000 B; 919 A001 B; 919 A002 K; 919 A010 B; 919 A020 B; 919 A040; 919 CM01-01; S170283-111B; S170283-112B; S170283-311A; P2484-01-01 C; P2484-04 C; P2484-08-01 C; P2484-08-02 B; P2484-09-01 A; P2484-09-02 A.

2.      Following a period 2 years from the completion of the development, in which confirmation of completion of the development shall be submitted to the Local Planning Authority in writing, the building hereby permitted shall be removed and the land restored to its former condition in accordance with a scheme of works to be submitted to and approved in writing by the Local Planning Authority.

3.      The proposed development hereby permitted shall be constructed in accordance with the details as specified in the application submission unless otherwise agreed in writing by the Local Planning Authority.

4.      Prior to the first use of the modular offices hereby permitted, the proposed secure cycle parking area as detailed on drawing numbers 919L A 010 B and 919 L 002 J shall be erected and thereafter retained during the lifetime of the development and shall not be used for any other purpose.

5.      In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of this condition which are as follows:-

(i)     a survey of the extent, scale and nature of contamination;

(ii)    an assessment of the potential risks to:

·      human health,

·      property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·      adjoining land,

·      groundwaters and surface waters,

·      ecological systems.

Where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 6, which is subject to the approval of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 7.

6.      A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

7.      The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than  ...  view the full decision text for item 7.

To consider the retention of a timber bridge over brook.

It was RESOLVED:

1.            That an Enforcement Notice be issued and served by the Assistant Director of Planning and Regulation, and subject to an appointed solicitor by the Council being satisfied as to the evidence, requiring the removal of the timber bridge structure and to reinstate the land where necessary to its original state, and re-instate the fencing along the rear boundary of the residential curtilage. The precise terms of the Enforcement Notice, including all time periods, to be delegated to the Assistant Director of Planning and Regulation.

2.            That, subject to an appointed solicitor by the Council being satisfied as to the evidence, the Assistant Director of Planning and Regulation be authorised to take all steps necessary, including prosecution or any other litigation/works in default to secure compliance with the Enforcement Notice.

3.            That in the event of any appeal against the Enforcement Notice, the Assistant Director of Planning and Regulation be authorised to take any action required to defend the Enforcement Notice and any appeal against the refusal of planning permission.

To receive a report relating to the unauthorised refuse store outside of Brickdale House.

It was RESOLVED:

1.         That an Enforcement Notice be issued and served by the Assistant Director of Planning and Regulation, and subject to an appointed solicitor by the Council being satisfied as to the evidence, requiring the removal of the unauthorised refuse store. The precise terms of the Enforcement Notice, including all time periods, to be delegated to the Assistant Director of Planning and Regulation.

2.         That, subject to an appointed solicitor by the Council being satisfied as to the evidence, the Assistant Director of Planning and Regulation be authorised to take all steps necessary, including prosecution or any other litigation/works in default to secure compliance with the Enforcement Notice.

3.         That in the event of any appeal against the Enforcement Notice, the Assistant Director of Planning and Regulation be authorised to take any action required to defend the Enforcement Notice.

To receive a presentation updating Members on the next steps of the Community Infrastructure Levy.

The Planning Policy Manager gave a presentation updating Members on the next steps regarding the Community Infrastructure Levy (CIL).

It was RESOLVED that the update be noted.

To note a report on decisions taken by the Assistant Director Planning and Regulatory in accordance with his delegated authority.

It was RESOLVED that the report is noted.

To note a report on decisions taken by the Assistant Director Planning and Regulatory in accordance with his delegated authority.

It was RESOLVED that the report is noted.

To consider any Part I Business accepted by the Chair as urgent.

None.

To consider the following motions that:

1.    Under Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as described in paragraphs 1-7 of Part 1 of Schedule 12A of the Act as amended by Local Government (Access to information) (Variation) Order 2006.

2.    That Members consider the reasons for the following reports (if any)being in Part II and determine whether or not maintaining the exemption from disclosure of the information contained therein outweighs the public interest in disclosure.

Not required.

To consider any Part II Business accepted by the Chair as urgent.

None.