Agenda, decisions and minutes

There were no apologies for absence and no declarations of interest.

There were no apologies for absence and no declarations of interest.

To approve as a correct record the Minutes of the previous meeting held on 3 October 2023.

It was RESOLVED that the minutes of the meeting of the Planning and Development Committee held on 3 October 2023 be approved as a correct record and signed by the Chair.

It was RESOLVED that the minutes of the meeting of the Planning and Development Committee held on 3 October 2023 be approved as a correct record and signed by the Chair.

To consider the change of use of parking bays to facilitate construction of outdoor seating area associated with 56-58 High street.

It was RESOLVED that application 23/00482/FP be deferred for Officers to provide to the Committee, at their next meeting, clarity on the implications for the application of and direction following the adoption into Law of the new Levelling-Up and Regeneration Act 2023.

The Committee considered a report in respect of application 23/00482/FP for the change of use of parking bays to facilitate construction of outdoor seating area associated with 56 -58 High Street, Stevenage.

The Principal Planning Officer informed the Committee that the application did not take account of the actual proposed seating arrangements but only the use of the land for this purpose more generally.

Councillor Loraine Rossati had called the application in due to the potential impact on neighbouring properties, car parking and highway safety.

The Chair invited Councillor Rossati to address the Committee. 

Councillor Rossati expressed concern regarding the current parking and traffic situation in the area.  She advised that the area was already short of parking spaces and that the traffic was often queuing to get into the spaces outside Tesco.  The reduction in spaces would force drivers to park on yellow lines and pedestrians to navigate the pavements unsafely.  The reduction in parking would also have a negative impact on the local businesses in the area.

The Chair then invited Dr. Veal from the Old Town Business and Community Partnership to address the meeting.

Dr. Veal advised that although he was keen to see the Old Town flourish, the decision on this application should be delayed until the Herts County Council (HCC) plans for the High Street along with the decisions for similar premises at the South end of the High Street were known.

Mr Linnard, Planning Agent on behalf of the applicant advised the Committee that the premises had a temporary licence since 2021.  As there had been no objections from consultations with HCC, SBC Environmental Health or BEAMS he hoped that the Committee would support the application as the hospitality sector played an important role in the Old Town.

The Chair thanked all speakers for their contributions.

Members asked a number of questions relating to the loss of the spaces and were concerned regarding the potential similar issues with premises at the south end of the High Street.

The Development Manager advised the Committee that the recent adoption of the new Levelling-Up and Regeneration Act 2023 encouraged Local Authorities to support local businesses relating to outdoor seating.  However, due to the Act being so new, the implications for the Council on this issue had yet to be fully drawn out.

Following further consideration, it was moved by Councillor Broom and seconded by Councillor Claire Parris and RESOLVED that application 23/00482/FP be deferred for Officers to provide to the Committee, at their next meeting, clarity on the implications for the application of and direction following the adoption into Law of the new Levelling-Up and Regeneration Act 2023.

To consider the grant of outline planning permission with all matters reserved for the erection of 1no. detached three bedroom dwelling with associated car parking.

It was RESOLVED that the application 23/00477/OP be GRANTED planning permission subject to the conditions and reasons set out in the report.

The Committee considered an application for outline planning permission with all matters reserved for the erection of 1 no. detached three bedroom dwelling with associated car parking.  Officers advised that since all matters were reserved, the application was principally concerned with the principle of the development whereas access, appearance, landscaping, layout and style would be considered at a later date.

The application was before the Committee for determination as the applicant was Stevenage Borough Council.

The Principal Planning Officer gave an introduction to the Committee.  He advised that the main issues for consideration were the principle of the development, standard of accommodation, character and appearance, impact on neighbouring properties, parking, highway safety, ecology, arboriculture and biodiversity, flood risk and drainage, climate change and sustainability, developer obligations and CIL.

The Committee was advised that Officers considered that the land was suitable for the provision of housing as a small underused site, with the play equipment having been removed a number of years ago, with no fundamental unacceptable impacts on the environment or surrounding properties.  The development would also make a small contribution towards meeting the Council’s housing needs.

In response to questions from members, Officers gave the following responses:

·         There would be no access to the property from Clovelly Way;

·         The position of the fence line of a property adjoining the site was down to the Council selling a small portion of land to the property owner a number of years ago;

·         If the property was sold to a developer, the reserved matters would only come back to the Committee for approval if it was called in.  If the Council retained the property, the reserved matters would be submitted to Committee;

·         The land currently had no formal use and there was a much larger green space in the vicinity which was used as a play/recreational area;

·         If a developer wished to put forward an alternative proposal for the site, for example the construction of flats, they would be required to submit a fresh application for the Council to make its decision.

It was RESOLVED:

That planning permission be granted subject to the following conditions and the completion of a memorandum of understanding to provide:

·           Off-site habitat creation equal to 0.55 units

With delegated powers be given to the Assistant Director of Planning and Regulation in consultation with the Chair of the Planning and Development Committee to negotiate and secure the obligation detailed above (including triggers where appropriate), and 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 Committee has resolved to approve.

Conditions

General Conditions

1.           The development to which this permission relates shall be carried out in accordance with the following approved plans unless otherwise agreed in writing by the local planning authority:

01 Rev A

02

03 Rev A

2.           Approval of the details of the layout, scale and  ...  view the full minutes text for item 4.

To consider a Certificate of Lawfulness for (Existing Use) for the use of the property as 6-bed House of Multiple Occupation (Use Class C4).

That the Certificate of Lawfulness is approved subject to the following condition:

On the balance of probabilities the evidence that had been provided has demonstrated that No.127 Ripon Road was operating as a C4 House of Multiple Occupation prior to 20 September 2017 when the Council’s Article 4 Direction came into force, and is, therefore a lawful use that is exempt from enforcement action.

The Committee considered a report in respect of application 23/00631/CLEU for a Certificate of Lawfulness for (Existing Use) for the use of the property at 127 Ripon Road, Stevenage, as a 6-bed House of Multiple Occupation (Use Class C4).

The application was originally submitted to the Planning and Development Committee on 3 October 2023 but following debate was deferred to enable a selection of redacted evidence documents to be shared with the Committee.  The applicant had submitted evidence of rental agreements, bank statements and property management invoices and inspections which corroborated the application and in the opinion of the Officers proved that on the balance of probabilities, the property had been in continuous use as an HMO since 2015.

The Committee was reminded by the Borough Solicitor that any debate referring to the redacted evidence documents would have to be considered in Part II of the meeting once the Press and Public had been excluded.

It was RESOLVED that the Certificate of Lawfulness is approved for the following reason:

On the balance of probabilities, the evidence that had been provided has demonstrated that No.127 Ripon Road was operating as a C4 House of Multiple Occupation prior to 20 September 2017 when the Council’s Article 4 Direction came into force, and is, therefore a lawful use that is exempt from enforcement action.

To consider the grant of a certificate of lawfulness for use as a 7 bedroom HMO (Use Class Sui-Generis).

That the Certificate of Lawfulness is approved for the following reason:

On the balance of probabilities the evidence that had been provided has demonstrated that No.45 York Road has been continually operating as a Large House of Multiple Occupation for a period of at least 10 years from the date of the application and is, therefore a lawful use that is exempt from enforcement action.

The Committee considered a report in respect of application 23/00618/CLEU for a Certificate of Lawfulness for use as a 7 bedroom HMO (Use Class Sui-Generis) at 45 York Road, Stevenage.

The application was before the Planning and Development Committee as it had been called-in by local Ward Councillor Sandra Barr.

The application had originally been considered by the Committee on 3 October 2023 when it had been deferred to enable a selection of redacted evidence documents to be shared with the Committee.

The Committee was again reminded by the Borough Solicitor that, as in the previous item, any debate referring to the redacted evidence documents would have to be considered in Part II of the meeting once the Press and Public had been excluded.

Officers reminded Members that for the purposes of Section 171(b) (3) Time Limits, of the Town and Country Planning Act 1990 (as amended), which states that in the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.  Therefore, providing the applicant could demonstrate through the submission of sufficient evidence, the large HMO, the subject of this application, was operating for more than 10 years, in line with the Act, they would be immune from enforcement action.  Officers considered that the evidence submitted with the application demonstrated the continuity of the existing use in excess of this time period and the evidence was sufficiently precise and unambiguous to justify the Grant of a Certificate of Lawfulness. Officers advised that in their professional opinion, the evidence met the relevant required test of ‘on the balance of probability’ from the Statutory Declarations and other documents provided.

In response to a question Officers confirmed that in compliance with the Town and Country Planning Act, the Council could not take any enforcement action on the property after the end of the ten year period beginning with the date of the breach.

It was RESOLVED that the Certificate of Lawfulness is approved for the following reason:

On the balance of probabilities the evidence that had been provided has demonstrated that No.45 York Road has been continually operating as a Large House of Multiple Occupation for a period of at least 10 years from the date of the application and is, therefore a lawful use that is exempt from enforcement action.

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

Noted.

Noted.

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

Noted.

Noted.

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

None.

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.

It was RESOLVED:

1.          That under Section 100A of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve 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 the reasons for the following reports being in Part II were accepted, and that the exemption from disclosure of the information contained therein outweighs the public interest in disclosure.

It was RESOLVED:

1.          That under Section 100A of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve 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 the reasons for the following reports being in Part II were accepted, and that 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.

None.