Agenda and decisions

Apologies for absence were submitted on behalf of Councillor Lizzy Kelly.

There were no declarations of interest.

To approve as a correct record the Minutes of the previous meeting held on 14 August 2018.

It was RESOLVED that the minutes of the Planning and Development Committee held on 14 August 2018 are approved as a correct record and signed by the Chair.

To consider retrospective change of use from D1 (Training Centre) to D2 (Gymnasium).

That the planning application be REFUSED subject to the following reasons:

1.         The benefits that the existing use generates do not outweigh the loss of this premises which is considered to have a lawful B1(a) office use. This combined with the fact that there is likely to be demand for office and commercial floorspace over the emerging local plan period would put increasing pressure on a limited supply of employment space to accommodate any future growth for the town over the local plan period. Therefore, the existing development fails to accord with Policies E2 and E4 of the Stevenage District Plan Second Review 1991 – 2011 (2004), Policies EC6 of the Stevenage Borough Local Plan 2011 – 2031 Publication Draft – January 2016, the National Planning Policy Framework (2018) and the Planning Practice Guidance (2014).

2.         The existing gym is contrary to paragraphs 86, 87 and 90 of the National Planning Policy Framework July 2018, the Planning Practice Guidance (2014) and Policy TC13 of the Stevenage Borough Local Plan 2011 – 2031 publication draft, 2016 in that it has not been demonstrated through the sequential test that the existing use could not be accommodated in available premises within the town centre sites, edge of centre sites or other sequentially preferable sites.

3.         That an Enforcement Notice be issued and served by the Assistant Direct of Planning and Regulation, subject to the Council’s appointed solicitor being satisfied as to the evidence requiring the cessation of the use of 18b Boulton Road as a gymnasium. The precise terms of the Enforcement Notice, including all time periods, to be delegated to the Assistant Director of Planning and Regulation.

4.         That subject to the Council’s appointed solicitor being satisfied with 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.

5.         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 consider the erection of a four storey office building (Use Class B1a), petrol filling station with ancillary convenience store and coffee drive-thru outlet with associated access, parking and circulation arrangements, landscaping and associated works.

It was RESOLVED that planning permission be granted subject to the conditions as per the recommendations in the report.

To consider the installation of new extract ductwork on the rear elevation and flat roof area.

It was RESOLVED that planning permission be granted subject to the conditions as per the recommendations in the report and the following additional condition:

No construction works relating to this permission shall be carried out on any Sunday or Bank Holiday, nor before 07.30 hours or after 18.00 hours on any weekdays, nor on any Saturday before 09.00 hours or after 13.00 hours. These times apply to work which is audible at the site boundary.

To consider an application for a two storey infill extension, internal alterations and remodelling of main entrance to facilitate the creation of 5no. one bed flats.

It was RESOLVED that planning permission be granted subject to the conditions as per the recommendations in the report.

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 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 be noted.

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

The Chair invited Councillor Fraser to address the Committee in respect of the application at 4 Fishers Green which had been considered at the last meeting.

Councillor Fraser informed the Committee that he had been advised that the Council could use Part II, Section B1(a) of Schedule 2 of the Town and Country Planning (General Permitted Development) ( England) Order 2015 as a potential vehicle to protect the building at 4 Fishers Green and requested that officers be asked to investigate this possibility.

The Chair advised that the Council had already received legal advice relating to the site but that he would ask Officers to take further legal advice on the points raised by Councillor Fraser and come back with a detailed response to him and report back to the next meeting on the outcome.

It was RESOLVED that:

1.    The Interim Assistant Director Planning and Regeneration take further legal advice on the implications of Section B1a of the Town and Country Planning General Permitted Development Order 2015 for the application at 4 Fishers Green and in consultation with the Chair of the Committee advise Councillor Fraser of the outcome.

2.    That the outcome of the investigations be reported to the next meeting of the Planning and Development Committee.

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.

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

None.