Agenda and decisions

Apologies for absence were submitted on behalf of Councillor Teresa Callaghan.  Councillor Myla Arceno was substituting for Councillor Callaghan.

The following declarations were made in respect of Item 4 on the agenda – 22/00902/ENF: Tranquil Turtle:

Councillor Michael Downing (Chair) advised that he had met with residents objecting to the unauthorised structure on various occasions, including at Member surgeries for the Ward he represented (Symonds Green).  He announced that he had listened to the views expressed, but had not offered any opinions on the matter, and that he would be considering the issue with an open mind.

Councillor Maureen McKay and Myla Arceno stated that there were also Members of the Licensing Panel which would be meeting in March 2023 to consider an application for a variation of the premises licence relating to the Tranquil Turtle.  They advised that they would only be considering the Planning aspects of the matter at this Planning & Development Committee meeting.

Councillor Graham Lawrence wished it to be noted that the Tranquil Turtle was located in the Division (Old Stevenage) he represented on Hertfordshire County Council.

To consider the demolition of existing retail units (use Class E) and erection of proposed mixed-use development comprising biopharma manufacturing laboratories and workspace facilities (use class E(g)) together with flexible active ground floor uses including cafes, retail, collaboration spaces (use class E), Cinema (Sui Generis) and drinking establishments (Sui Generis), new multi-storey public car park, service road, public realm improvement works and ancillary works.

It was RESOLVED:

(1)       That application 22/00923/FP be GRANTED planning permission, subject to the conditions set out in the report, and subject also to the applicant having first entered into a S106 Legal Agreement to secure/provide contributions towards:

·         S278 Agreement (covering the junction improvements, surface level crossing and public realm works on highway verge land to be adopted by HCC Highway Authority)

·         £6000 Travel Plan evaluation and support fee

·         £116,600 ‘Strand 2’ HCC Highway Authority contribution

·         Local Employment and Apprenticeships

·         Retail phasing planning obligations

·         Management Company to manage areas of un-adopted public realm

·         S106 monitoring fee,

the detail of which would be delegated to the Assistant Director of Planning and Regulation, in liaison with the Council’s appointed solicitor, along with the recommendations of Highways England following cessation of their holding direction and the Council’s Drainage Consultant, as well as the imposition of suitable safeguarding conditions.

(2)        That authority be given to the Assistant Director of Planning and Regulation, in consultation with the Chair of the Planning & Development Committee, to amend or add to the suggested draft conditions set out in this report, prior to the decision notice being issued, where such amendments or additions would be legally sound and most effectively deliver the development that the Planning & Development Committee has resolved to approve.

To consider the variation of Condition 1 (Approved Plans) attached to planning permission 18/00398/FPM to subdivide the approved retail units.

It was RESOLVED that application 22/01075/FPM be GRANTED planning permission, subject to the imposition of suitable conditions, as set out in the report, and that authority be given to the Assistant Director of Planning and Regulation, in consultation with the Chair of Planning & Development Committee, to amend or add to the suggested draft conditions set out in the report, prior to the decision notice being issued, where such amendments or additions would be legally sound and most effectively deliver the development that the Planning & Development Committee has resolved to approve.

To consider the erection of large outdoor structure without planning permission.

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 existing structure in the outdoor seating area of the Tranquil Turtle.  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.

(4)        That, within three months of the date of any Enforcement Notice served, the entirety of the scaffolded structure which forms a cover for the outdoor seating area shall be removed in its entirety and the land made good where required.

To consider the variation of condition 4 (Boundary Treatments) attached to planning permission reference number 19/00287/FP

It was RESOLVED that application 22/00952/FP be GRANTED planning permission, subject to appropriate conditions.

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

Noted.

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

Noted.

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

22/00423/FP – Town Square (Event Island) - Cycling on the road in front of Daneshill House

With the Chair’s permission, a Member referred to the planning permission relating to the Event Island space in the Town Centre, and the condition prohibiting cycling on the road in front of Daneshill House (known informally as the “Yellow Brick Road”).  She was concerned that cyclists were still using the road in contravention of this condition.

In response, the Assistant Director (Planning & Regulation) advised that cycling was banned in the area up to 6.00pm as part of the Town Centre wide cycling prohibition.  The extension of the ban beyond 6.00pm for the “Yellow Brick Road” had required the drawing up of a Traffic Regulation Order (TRO), which officers had included as part of the wider TRO relating to the adjacent Matalan site development.  Objections had been received to the element of the TRO relating to the prohibition of cycling on the “Yellow Brick Road”.  If such objections were not overcome, then a Public Inquiry would be required.  In the circumstances, and to avoid the need for a Public Inquiry, officers had separated the cycling element from the Matalan site element, which would enable the TRO relating to that element to be progressed.  Officers were working on a solution to the remaining cycling prohibition issue, but if necessary would report back to the Committee should changes be required to the planning permission for the Town Square/Event Island space.

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.