Agenda item

To consider an application for approval of reserved matters (layout, landscaping, scale, and appearance) for residential development of 115 units comprising Phase 1 Parcels D pursuant to Outline permission 17/00862/OPM

 

It was RESOLVED that the application 22/00806/RMM be GRANTED planning permission subject to the conditions and reasons set out in the report.

 

The Committee considered an application for the approval of reserved matters (layout, landscaping, scale, and appearance) for residential development of 115 units comprising Phase 1 Parcels D pursuant to Outline permission 17/00862/OPM

 

The Principal Planning Officer advised that this application was for the development of Phase 1D located in the St Nicholas and Rectory Lane Conservation Area.  The proposed plans had undergone negotiations with officers and the LPA’s heritage consultants BEAMS.  The revised plans submitted included the erection of 115 dwellings, including aspirational homes, all highways matters outside of the infrastructure application within this Phase, and landscaping and boundary treatments contained within this residential parcel located due east of Phase 1B. The eastern boundary of this parcel would abut the proposed Country Park.

At this juncture, the Chair invited Anne Conche from the Friends of Forster Country to address the Committee.

Mrs Conche informed Members she was speaking on behalf of over one hundred Members of the Friends of Forster Country.  She advised that the democratic decision to build had been accepted, however, was disappointed that the Council had not considered and followed the advice from BEAMS, Historic England and the CPRE.  She was concerned that the types of housing required in the Local Plan were not reflected in the proposed development.  In the spirit of this special area, outstanding houses should be built, and she hoped that the sacrifice of the development would be worthwhile.

The Chair then invited Jamie McArthur from Bellway Homes to address the meeting.  Mr McArthur informed the Committee that this phase, situated in the St Nicholas and Rectory lane Conservation Area, included a range of larger aspirational homes encouraging higher earners to live in the Town.  The site wide infrastructure works required to support the development were well underway.

The Chair thanked both speakers for their contributions to the meeting.

The Principal Planning Officer advised that paragraph 9.3 within the Local Plan acknowledged that some harm would be caused by the introduction of housing in this area but that the social and economic benefits gained from the development would outweigh the harm caused.

Members were advised that this phase was made up predominantly of detached dwellings, with some pairs of semi-detached houses.  Being located in the Conservation Area the phase included the requirement to provide aspirational homes, which were larger dwellings with larger external garden areas.  The housing density in this area was much lower than the rest of the site at 24 dwellings per hectare which fit within the parameter density approved under the outline of 15 to 30 dwellings per hectare. 

Parking would typically be provided by way of driveways and garages, with access off shared surface roads.  Boundary treatments were made up of black three or five bar railings and hedges.  Additional planting was provided along the eastern boundary of the phase.  This phase of the development included for foot/cycleway connections with phase 1B, the southern bridleway and the proposed Country Park.  

Members were informed that vehicular access would be provided by one of the spur roads in Phase 1B, which would extend south easterly into Phase 1D, where it would split at a ‘T’ junction.  To the west of Phase 1D a green link would provide a footway with significant levels of tree planting to provide shade and several benches.  It would also provide a landscaped buffer between this phase and Phase 1B to the west.

Impact on the character and appearance of the conservation area and nearby listed buildings was fully assessed in accordance with Section 66 of the Listed Building Act 1990 in terms of considering whether to grant planning permission for development which affected the setting of the conservation area and listed buildings. As with other parcels in the development and given existing built development in the area Officers were of the opinion that it had been demonstrated that the development would cause, at the lower end of the scale, less than substantial harm to the conservation area and to a lesser degree the settings of the listed buildings.

Officers responded to a number of Members questions with the following answers/comments:

 

·         There was only one vehicular route in and out of the area of phase 1D;

·         In response to a concern regarding overdevelopment, it was advised that the density levels had been approved at a previous outline stage and that this scheme had come forward reflecting those levels;

·         If Members were minded not to vote for the application, and a new proposal would need to be developed reflecting the reasons which had been put forward for the refusal of the application;

·         Members were advised that the applicant could appeal the Council’s decision if the committee was minded to refuse.  In addition, if Members had concerns around density, this should have been dealt with at the outline permission stage as that established the principle of the overall density for this part of the development site;

·         Members were also advised that this part of the site had been considered in detail as part of the Local Plan process and whilst it was noted that the scheme would cause harm, the Inspector, and as detailed in the Local Plan, was of the view that that the benefits would outweigh any harm;

·         Officers advised that Historic England had objected at every stage relating to the site, i.e. Local Plan stage, outline stage and in relation to this application.  However their concerns had been considered by the planning Inspector when considering the sites allocations and also by Officers at both outline and reserved matters stages;

·         The Country Park would offset the development coming forward on the site.  The 38 hectare Country Park would be fully in the Conservation Area.  The application for the Country Park would come back to the Planning and Development Committee at the end of November 2023. It was proposed that the Country Park would be a managed space by the SBC Parks and Amenities Team;

·         Officers agreed to inform Members of the size comparison between Fairlands Valley Park and the proposed Country Park.  Fairlands Valley Park is approximately 48.5 hectares in size in comparison to the proposed 38 hectare Country Park;

·         Officers advised that the Country Park would be transferred then ultimately managed by Stevenage Borough Council;

·         Officers agreed to include consultation with the Vice-Chair along with the Chair for any sign-off of delegated details;

·         The provision of the Country Park would meet the Council’s required 10% of Biodiversity Net Gain across the site;

·         In relation to connections, this parcel of housing had 2 access points going into the Country Park.

 

It was RESOLVED:

 

That planning permission be granted subject to the following:

 

The imposition of suitable conditions, with authority given to the Assistant Director of Planning and Regulation in consultation with the Chair and Vice-Chair of the Planning and 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 Committee has resolved to approve. These suggested conditions are as follows:-

 

1          The development hereby permitted shall be carried out in accordance with the following approved plans: BM1-NPA-V1-0S-DR-L-7511-A-C01; BM1-NPA-V1-0S-DR-L-7512-A-C01; BM1-NPA-V1-1D-DR-L-5225-A-C03; BM1-NPA-V1-1D-DR-L-5226-A-C02; BM1-NPA-V1-1D-DR-L-5227-A-C02; BM1-NPA-V1-1D-DR-L-5228-A-C03; BM1-NPA-V1-1D-DR-L-5229-A-C02; BM1-NPA-V1-1D-DR-L-5230-A-C02; BM1-NPA-V1-1D-DR-L-5231-A-C02; BM1-NPA-V1-1D-DR-Y-3201-A-C02; M1-NPA-V1-OS-DR-L-7405-A-C01; BM1-NPA-V1-ZZ-DR-L-5203-A-C05; BM1-NPA-V1-ZZ-DR-L-5204-A-C04; BM1-NPA-V1-ZZ-SP-L-5235-A-C03; BM1-OC-RMA-1D-DR-C-5300 - R04; BM1-OC-RMA-1D-DR-C-5301 - R04; BM1-OC-RMA-1D-DR-C-5302 - R03; BM1-OC-RMA-1D-DR-C-5303 - R03; BM1-OC-RMA-1D-DR-C-5304 - R02; BM1-OC-RMA-1D-DR-C-5305 - R02; BM1-OC-RMA-1D-DR-C-5306 - R02; BM1-OC-RMA-1D-DR-C-5307 - R02; BM1-OC-RMA-1D-DR-C-5308 - R02; BM1-OC-RMA-1D-DR-C-5309 - R02; BM1-OC-RMA-1D-DR-C-5310 - R02; BM1-OC-RMA-1D-DR-C-5311 - R02; P1708.22-G; P1708.32-G; P1708.33-G; P1708.34-F; P1708.35-G; P1708.36-F; P1708.37-F; P1708.D.BN1.101; P1708.D.BN1.102; P1708.D.BN2.101; P1708.D.BN2.102 - REV A; P1708.D.BN2.103 - REV A; P1708.D.BR1.101; P1708.D.BR1.102; P1708.D.BR1.103; P1708.D.BR2.101; P1708.D.BR2.102; P1708.D.BR2.103; P1708.D.BR2.104; P1708.D.BW.101; P1708.D.BW.102; P1708.D.BW.103; P1708.D.BW1.101; P1708.D.BW1.102; P1708.D.CH1.101; P1708.D.CH1.102; P1708.D.CU.101; P1708.D.CU.102; P1708.D.CW1.101; P1708.D.CW1.102; P1708.D.CW1.103; P1708.D.CW1.104; P1708.D.DN.101; P1708.D.DN.102;  P1708.D.DR.101;   P1708.D.DR.102; P1708.D.DR.103; P1708.D.DR1.101; P1708.D.DR1.102; P1708.D.DR1.103; P1708.D.DR2.101; P1708.D.DR2.102; P1708.D.DR2.103; P1708.D.DR2.104; P1708.D.DR2.105; P1708.D.DR3.101; P1708.D.DR3.102; P1708.D.DR3.103; P1708.D.DR3.104; P1708.D.DR3.105; P1708.D.FW1.101; P1708.D.FW1.102; P1708.D.GF1.101; P1708.D.GF1.102; P1708.D.GF1.103; P1708.D.GF1.104; P1708.D.GF2.101; P1708.D.GF2.102; P1708.D.GF2.103; P1708.D.GF2.104; P1708.D.GF2.105; P1708.D.GW1.101; P1708.D.GW1.102; P1708.D.GW1.103; P1708.D.GW1.104; P1708.D.HN1.101; P1708.D.HN1.102; P1708.D.HN1.103; P1708.D.HN2.101; P1708.D.HN2.102; P1708.D.HN3.101; P1708.D.HN3.102; P1708.D.HN4.101; P1708.D.HN4.102; P1708.D.HP1.101; P1708.D.KF1.101; P1708.D.KF1.102; P1708.D.KF1.103; P1708.D.KF2.101; P1708.D.KF2.102; P1708.D.KF2.103; P1708.D.PG1.101; P1708.D.PG1.102; P1708.D.PG1.103; P1708.D.PG2.101; P1708.D.PG2.102; P1708.D.PH.101; P1708.D.PH.102; P1708.D.PH1.101; P1708.D.PH1.102; P1708.D.RE.101; P1708.D.RE.102; P1708.D.RE1.101; P1708.D.RE1.102; P1708.D.RE2.101; P1708.D.RE2.102; P1708.D.RE2.103; P1708.D.RE3.101; P1708.D.RE3.102; P1708.D.RE3.103; P1708.D.RE4.101; P1708.D.RE4.102; P1708.D.RT.101; P1708.D.SC.101; P1708.D.SC.102; P1708.D.SS.101 - REV A; P1708.D.SS.101 - REV A; P1708.D.SS.103 - REV A; P1708.D.TH.101; P1708.D.TH.102; P1708.D.TH.103; P1708.D.TH1.101; P1708.D.TH1.102 P1708.D.WA1.101; P1708.D.WA1.102; P1708.D.WA2.101; P1708.D.WA2.102; P1708.D.WA2.103; P1708.D.WA3.101; P1708.D.WA3.102; P1708.D.WE.101; P1708.D.WE.102; P1708.D.WN1.101; P1708.D.WN1.102; P1708.D.WN1.103 - REV A; P1708.GAR.101; P1708.GAR.102; P1708.GAR.104; P1708.GAR.107; P1708.GAR.108; P1708.PhaseP.02-A.

 

2          The development hereby permitted shall be carried out in accordance with the soft and hard landscaping details submitted, unless otherwise approved in writing by the Local Planning Authority. 

           

 3         All planting, seeding and turfing comprised in the approved landscaping details as agreed under condition 2 of this approval shall be carried out for each phase of the development hereby consented in the first planting and seeding seasons following the first occupation of the development hereby permitted or, the completion of the approved development whichever is the sooner.

           

 4         All hard surfacing comprised in the approved landscaping details as specified in condition 2 of this approval shall be carried out for each phase of the development hereby consented prior to first occupation of the development hereby permitted or, the completion of the approved 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         No tree shown on the approved landscaping scheme, shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped within five years of the completion of development without the written approval of the Local Planning Authority.

           

 7         No development above slab level of any building in this phase, shall take place until details of the proposed swift and bat boxes, their construction and integration into the respective buildings/dwellings has been submitted to and approved in writing by the Local Planning Authority. The boxes shall thereafter be installed/integrated on the building/dwelling elevations as identified on Drawing number BM1-NPA-V1-1ABC-DR-Y-3201-A-C02 unless otherwise agreed in writing by the Local Planning Authority. For the avoidance of doubt

             

 8         No dwelling hereby approved shall be occupied until the respective cycle parking has been provided on site by way of garage or garden shed as shown on Drawing number: P1708.22.G.

           

9          Notwithstanding the provisions of Classes A, B and C of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revising, revoking or re-enactive that Order with or without modification) no internal or external alterations shall take place to any garage, which would preclude its use for housing motor vehicles and/or bicycles, no loft conversions including dormer windows / roof extensions, or roof lights and openings shall be constructed on the dwellinghouse(s) hereby permitted unless permission is granted on an application made to the Local Planning Authority.

           

10        Before any above-ground work is commenced on the development hereby permitted, samples of all external finishing materials shall be submitted to and approved in writing by the Local Planning Authority. This shall include:

            i.          Facing and roof materials;

            ii.          Juliette balcony and/or dormer window treatment;

            iii.         Window material details;

            iv.        External rainwater goods where permitted.

            The development shall be carried out in accordance with the approved details and shall thereafter be retained.

             

11        The play areas approved for the development shall be provided within each respective phase in accordance with the Phasing plan P1708.PhaseP.02-A hereby approved, unless otherwise agreed in writing by the local planning authority.

           

12        No development shall take place above slab level within this sub-phase of the development until details of the proposed renewable energy measures to address adaptation to climate change in accordance with the Sustainability Briefing Note have been submitted to and approved in writing by the Local Planning Authority. These measures shall then be implemented and permanently maintained in accordance with the approved details.

 

13        Notwithstanding the details submitted in respect of the hardstanding finishes, prior to any development within this sub-phase above slab level, details of the hardstand finishes to be used within the Conservation Area, including all shared surfaces, private shared driveways and driveways shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

             

 

INFORMATIVES

 

1          Hertfordshire Highways

 

AN1) Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx or by telephoning 0300 1234047.

 

AN2) Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx telephoning 0300 1234047.

 

AN3) Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads and-pavements.aspx or by telephoning 0300 1234047.

 

AN4) Avoidance of surface water discharge onto the highway: The applicant is advised that the Highway Authority has powers under section 163 of the Highways Act 1980, to take appropriate steps where deemed necessary (serving notice to the occupier of premises adjoining a highway) to prevent water from the roof or other part of the premises falling upon persons using the highway, or to prevent so far as is reasonably practicable, surface water from the premises flowing on to, or over the footway of the highway.

 

AN5) Construction standards for works within the highway. The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the website

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspxor by telephoning 0300 1234047.

 

AN6) Roads to remain private: The applicant is advised that the new roads marked on the submitted plan (BM1-OC-RMA-XX-DR-C-2025 Rev 06) associated with this development will remain unadopted (and shall not be maintained at public expense by the highway authority). At the entrance of the new estate the road name plate should indicate that it is a private road and the developer should put in place permanent arrangements for long-term maintenance.

 

AN7) The Public Rights of Way(s) should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. Safe passage past the site should be maintained at all times for the public using this route. The condition of the route should not deteriorate as a result of these works. Any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement or concrete) should be made good by the applicant to the satisfaction of the Highway Authority. No materials shall be stored or left on the highway including highway verges. If the above conditions cannot reasonably be achieved, then a Temporary Traffic Regulation Order (TTRO) would be required to close the affected route and divert users for any periods necessary to allow works to proceed, for which a fee would be payable to Hertfordshire County Council. Further information is available via the County Council website at https://www.hertfordshire.gov.uk/services/recycling-waste-and-environment/countryside-access/rights-of-way.aspx or by contacting Rights of Way, Hertfordshire County Council on 0300 123 4047.

 

AN8) Abnormal loads and importation of construction equipment (i.e. large loads with: a width greater than 2.9m; rigid length of more than 18.65 sqm or weight of 44,000kg – company applicable cranes, piling machines etc.): The applicant is directed to ensure that operators confirm to the provisions of The Road Vehicles (Authorisation of Special Tyres)(General) Order 2003 in ensuring that the Highways Authority is provided with notice of such movements, and that appropriate indemnity is offered to the Highway Authority. Further information is available via the Government website www.gov.uk/government/publications/abnormal-load-movements-application-and-notfication-forms or by telephoning 0300 123 4047.

 

2          Thames Water

 

With regards to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water, we would have no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.