Agenda, decisions and minutes

Planning and Development Committee - Tuesday, 3 December 2024 6.30pm

Venue: Council Chamber. View directions

Contact: Alex Marsh (01438) 242587  Email: Committees@stevenage.gov.uk

Items
No. Item

1.

APOLOGIES FOR ABSENCE AND DECLARATIONS OF INTEREST

Decision:

Apologies for absence were received from Councillor Anne Wells.

 

There were no declarations of interest.

Minutes:

Apologies for absence were received from Councillor Anne Wells.

 

There were no declarations of interest.

2.

MINUTES - 29 OCTOBER 2024

To approve as a correct record the Minutes of the previous meeting of the Planning and Development Committee held on 29 October 2024.

 

Minutes to follow.

Decision:

It was RESOLVED that the Part I Minutes – 29 October 2024 be reviewed at the next meeting.

 

Minutes:

It was RESOLVED that the Part I Minutes – 29 October 2024 be reviewed at the next meeting.

 

3.

23/00313/FP - LAND AT MAXWELL ROAD pdf icon PDF 446 KB

To consider a retrospective application for the change of use of FIRA Building from research and development (Class E(g)) to storage (Class B8) and surface car park (sui generis) to storage (Class B8). Erection of 2.4m high fence around the perimeter of the surface car park.

Additional documents:

Decision:

It was RESOLVED that application 23/00313/FP be granted planning permission subject to the draft conditions set out below (the detail of which has been delegated to the Assistant Director of Planning and Regulation in liaison with the Council’s appointed solicitor):

 

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

J0008735-23-01 (Site Location Plan); J0008735-23-01 (Security Fence Location Plan);

 

2         No external lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority.

           

3         The use hereby permitted shall be carried out in accordance with the Delivery and Service Management Plan dated 5 January 2024 unless otherwise agreed in writing by the local planning authority.

           

4         Only LGVs or service vehicles no larger than 12m as identified on the approved swept path track drawing ref. 8230496/6205 shall enter the surface car park for the lifetime of the development.

           

5         The recommended measures for the management of commercial waste, retained packaging and litter, including storage and collection as set out within the Operational Management Plan dated March 2024 shall be implemented and permanently maintained in accordance with the approved details.

           

6         No servicing or deliveries shall be taken at or despatched from the site outside the hours of 09.30 and 17.00 Monday to Friday, nor at any time on Saturday and Sunday, Bank or Public Holidays.

 

7         There shall be no use of forklift trucks outside the hours of 09.30 and 17.00 Monday to Friday, nor at any time on Saturday and Sunday, Bank or Public Holidays.

 

8         Within 3 months of the date of this permission, any vehicles operating on the site shall be fitted with broadband (white noise) reversing alarms.

           

9         Within 3 months of the date of this permission, details of the fencing enclosing the surface carpark shall be submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be erected within 3 months of the date of the condition discharge notice.

Minutes:

The Team Leader (AD) introduced the application.

 

The Committee heard that the site in question had been used for the storage and distribution of drainage products since August 2022. In April 2023, a retrospective planning application was submitted for a change of use to allow storage and distribution, alongside the enclosure of a car park with a 2.4-metre-high weld mesh fence. This application was granted in February 2024 but was quashed in October 2024 following a legal challenge from the owners of Broomin Green Farm, a Grade II listed property adjacent to the site. The challenge was based on the fact that the Council did not consider imposing conditions to control the hours of use. As a result, the application was now back before the Planning and Development Committee for a decision.

 

The Team Leader (AD) provided an overview of the site and identified the following locations within the site:

 

Location 1 - FIRA Building

Location 2 - Office Building

Location 3 - Former Vets Building

Location 4 - Former Vet / FIRA Car Park

Location 5 - Broomin Green Farm

 

The Committee heard that the site was bordered by Maxwell Road, a cul-de-sac with a public footpath running along its eastern side, and neighbouring properties, including Mozart Court (retirement flats) and Philbeck House (private dwelling).

 

The Chair invited the Objector’s representative, Emilio Miranda-Graham (Goodenough Ring Solicitors) to address the Committee.

 

The Objector’s advised the Committee that his presentation supplemented their written objections dated 2 December 2024. Their concerns focused on the adverse impacts of the proposed development on their residential amenity, including noise, safety, and visual impact.

 

The Objector highlighted the proximity of HGV movements and forklift operations to their home, particularly the kitchen, which served as their main living space. Noise was generated by engines, loading and unloading of goods, and reversing sounders from forklifts. An expert noise report commissioned by the Objector concluded that the proposal would result in a "significant adverse impact."

 

The Committee heard that the Council and the applicant had not conducted their own noise assessments. It was suggested that noise during operating hours (8 am to 6 pm) could be adequately controlled by planning conditions, and no such conditions had been proposed.

 

The Objector commented that the proposed use was incompatible with nearby residential properties and that the previous use of the site for research and development (Class E) was more appropriate.

 

The Committee heard that the operator, Sky Plastics, had not adhered to conditions requiring an operational management plan. Persistent plastic waste had been observed on-site and in surrounding areas, including nearby trees and footpaths. Waste observed on 1 November 2024 remained in place for over 27 days.

 

The Objector described the open storage car park at Location 4 as untidy and an "eyesore" for nearby residents, including those at Mozart Court, particularly now that trees had shed their leaves.

 

The Committee heard that forklifts had been reported to operate unsafely on Maxwell Road, a public highway. Issues included overloaded forklifts lacking  ...  view the full minutes text for item 3.

4.

24/00490/FP - 330 - 336 RIPON ROAD pdf icon PDF 550 KB

To consider the erection of three storey side extension, two storey extensions above existing single storey rear extensions, three storey rear extension and addition of third floor to existing dwellings to facilitate creation of 3no. one-bed and 6no. two bed apartments with associated car parking and landscaping and regularisation of the change of use of the existing four dwellings as Houses of Multiple Occupation (Use Class C4).

Additional documents:

Decision:

It was RESOLVED that application 24/00490/FP be granted planning permission subject to the conditions set out in the report.

Minutes:

At this juncture the Chair withdrew from the meeting and invited the Vice-Chair, Cllr Nazmin Chowdhury, to chair Item 4.

 

The Vice-Chair invited the Senior Planning Officer to introduce the application to the Committee.

 

The Senior Planning Officer advised the Committee that the site currently consisted of four individual premises operating as Houses in Multiple Occupation (HMOs), located south of The Leys Primary School.

 

The Committee heard that the application proposed:

 

·       Three-storey extension on the current car park site.

·       Relocation of car parking to the south of the site.

·       Small rear extension to accommodate a staircase.

·       Additional floor added to the existing buildings, including a green roof to reduce the visual impact and maintain separation from neighbouring properties.

 

The Committee were shown a visual presentation which included:

 

·       Current Site Layout: Included car parking to the side, gardens, and surrounding land.

·       Proposed Layout: Highlighted the extended building footprint, new car park location, and additional floor design.

·       Elevations: Images comparing the current and proposed north and south elevations were shown, highlighting the stair core and set-back design to mitigate impact on nearby properties.

·       Aerial View and CGIs: A superimposed image and computer-generated illustrations of the proposed development were provided to offer a clearer perspective.

·       Photographs: Current photographs of the site were displayed for context.

 

The Chair invited Cllr Sandra Barr to address the Committee.

 

Cllr Barr, a Ward Councillor for St Nicholas, spoke on behalf of local residents, in opposition to the application. The Committee heard that one resident’s property was 2.7 metres from the border of the current building with their front door 5.45 metres away.

 

Cllr Barr advised the Committee that the proposed three-storey development would set a precedent in St Nicholas, which currently had no three-storey buildings. They added that the existing two-storey structures already block light to Ms. Barker’s property. Cllr Barr suggested that the addition of a third storey would severely diminish natural light further, violating the Right to Light under prescription laws for residents of 20+ years.

 

In addition to the light issues, Cllr Barr informed the Committee that the current buildings’ windows already overlooked the resident’s kitchen-diner and that an additional storey would compromise her upstairs privacy.

 

Cllr Barr highlighted that the developers had previously shown a lack of care in maintaining the site and that ,although a temporary clean-up was observed before the planning application, residents believed it will revert to neglect.

 

The Committee heard concerns regarding the relocation of the car park as Cllr Barr highlighted that the proposed new car park location would be directly under children’s bedroom windows in the flats behind the development, raising concerns about vehicle fumes impacting on residents, particularly children.

 

Cllr Barr spoke of the transient nature of HMO occupants and a subsequent lack of contribution to the local community arising by the presence of such dwellings. They concluded by acknowledging the need for new housing but suggesting a preference for two-storey developments rather than three-storey.

 

The Vice-Chair thanked Cllr Barr for their contribution and invited the  ...  view the full minutes text for item 4.

5.

INFORMATION REPORT - DELEGATED DECISIONS pdf icon PDF 257 KB

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

Decision:

It was RESOLVED that the Information Report – Delegated Decision be noted.

Minutes:

At this juncture, the Vice-Chair handed back to the Chair to chair the remainder of the meeting.

 

It was RESOLVED that the Information Report – Delegated Decision be noted.

6.

INFORMATION REPORT - APPEALS/CALLED IN APPLICATIONS pdf icon PDF 74 KB

To note a report on appeal decisions, appeals lodged and called-in applications.

Decision:

It was RESOLVED that the Information Report – Appeals/Called in Applications be noted.

Minutes:

The Head of Planning and Enforcement provided the Committee with a brief verbal update to accompany the information report:

 

·       ICON Site

A recent site visit was conducted by the inspector. A decision was expected imminently, with full details to be shared with the Committee once the decision was received.

 

·       40A Vinters Avenue

An appeal related to enforcement and a Lawful Development Certificate was likely to go to a public inquiry in February. Legal advice was being sought, and further updates would be provided closer to the date.

 

·       Boxfield Green

There had been no further communication from the Planning Inspectorate. The case was still waiting for an inspector to be assigned.

 

·       10 Aintree Way

A site visit with the inspector was scheduled for Friday, 13 December 2024. A decision was expected a few weeks after the visit.

 

It was RESOLVED that the Information Report – Appeals/Called in Applications be noted.

7.

URGENT PART I BUSINESS

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

Decision:

There was no Urgent Part I Business.

Minutes:

There was no Urgent Part I Business.

 

At this juncture, the Chair paid tribute to Cllr Graham Snell, a long-standing and integral member of the committee, who passed away. The Chair added that his contributions were highly valued, his loss was deeply felt by the committee, his Liberal Democrat colleagues, and the council as a whole. The Committee sent their condolences to his family.

 

The Chair advised the Committee that Zayd Al-Jawad, Assistant Director (Planning and Regulation) was leaving the Council was attending his final Planning and Development Committee meeting. The Chair expressed gratitude for the Assistant Director (Planning and Regulation)’s advice and guidance, particularly during their time together on the committee.

 

The Assistant Director (Planning and Regulation), responded, saying it had been a privilege to work with the committee.

8.

EXCLUSION OF THE PRESS AND PUBLIC

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.

 

Decision:

It was RESOLVED:

1.         That under Section 100(A) 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 paragraphs1 – 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 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.

Minutes:

It was RESOLVED:

1.         That under Section 100(A) 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 paragraphs1 – 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 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.

9.

PART II MINUTES - 29 OCTOBER 2024

To approve as a correct record the Part II Minutes of the previous meeting of the Planning and Development Committee held on 29 October 2024.

 

Minutes to follow.

 

Decision:

It was RESOLVED that the Part II Minutes – 29 October 2024 be reviewed at the next meeting.

 

Minutes:

It was RESOLVED that the Part II Minutes – 29 October 2024 be reviewed at the next meeting.

 

10.

HMO ENFORCEMENT INVESTIGATION Q2 AND Q3 UPDATE

To receive the HMO Enforcement Investigation Q2 and Q3 update.

Decision:

It was RESOLVED that the HMO Enforcement Investigation Q2 & Q3 Update be noted.

Minutes:

The committee discussed a report on Houses in Multiple Occupation (HMOs), which was for noting.

 

It was RESOLVED that the HMO Enforcement Investigation Q2 & Q3 Update be noted.

11.

URGENT PART II BUSINESS

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

Decision:

There was no Urgent Part II Business.

Minutes:

There was no Urgent Part II Business.