Agenda item

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 appearance of the building, the means of access thereto and the landscaping of the site (hereinafter “the reserved matters”) shall be obtained in writing from the local planning authority before any development is commenced.

             

3.           In the case of any reserved matter, application for approval must be made to the local planning authority not later than the expiration of three years from the date of this permission.

 

4.           The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

 

5.           Unless otherwise agreed in writing by the Local Planning Authority, no demolition or construction activities audible at the site boundary shall be carried out except between the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays. For the avoidance of doubt, no such work shall be carried out on Sundays or Bank Holidays.

 

6.           Any external lighting installed at the site shall be angled so as to avoid any spillage beyond the site boundaries unless otherwise agreed in writing by the Local Planning Authority.

             

7.           In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken and where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be submitted to and approved in writing by the local planning authority.

             

8.           The development to which this permission relates shall be carried out in accordance with the mitigation measures as specified in Section 5 of “Preliminary Ecological Appraisal” authored by CSA Environmental and dated June 2023 unless otherwise agreed in writing by the Local Planning Authority.

 

              Prior to Commencement

 

9.           No development shall take place (including site clearance or demolition) until a construction management plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved construction management plan. The construction management plan shall include details of the following:

 

a)    Construction vehicle numbers, type, routing;

b)    Access arrangements to site;

c)    Traffic and pedestrian management requirements;

d)    Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

e)    Siting and details of wheel washing facilities;

f)     Cleaning of site entrances, site tracks and the adjacent public highway;

g)    Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times;

h)    Provision of sufficient on-site parking prior to commencement of construction activities;

i)     Post construction restoration/reinstatement of the working areas and temporary access to the public highway;

j)     Where works cannot be contained wholly within the site, a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements;

k)    Measures to deal with environmental impacts such as vehicle emissions, dust, noise, vibration, light, and odour.

10.         No development shall take place (including site clearance or demolition) until a tree protection plan has been submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved plan.

 

              Prior to Occupation

 

11.         Prior to the beneficial occupation of the development to which this permission relates, the car parking shall be provided as shown on the approved plans. It shall be permanently kept free from obstruction and maintained for its intended purpose thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

12.         Prior to beneficial occupation of the development to which this permission relates, details of cycle parking shall be submitted to and approved in writing by the local planning authority. The approved cycle parking shall be provided prior to beneficial occupation and shall thereafter be permanently kept free from obstruction and maintained for its intended purpose unless otherwise agreed in writing by the Local Planning Authority.

 

13.         Prior to beneficial occupation of the development to which this permission relates, details of refuse stores, including drawings of the elevations of any enclosures and the number, type, size and siting of bins, shall be submitted to and approved in writing by the Local Planning Authority. The refuse stores shall then be provided in accordance with the approved details prior to beneficial occupation and permanently retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.

             

14.         Prior to beneficial occupation of the development to which this permission relates, a scheme for low and zero carbon technologies, detailing the savings in regulated carbon dioxide emissions to be achieved versus Part L of the Building Regulations, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to beneficial occupation and permanently retained as such thereafter unless otherwise agreed in writing by the Local Planning Authority.

 

             

INFORMATIVES

 

1.           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 County Council website at:

 

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx

 

or by telephoning 0300 1234047.

 

2.           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 County Council website at:

 

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx

 

or by telephoning 0300 1234047.

 

3.           It is an offence under section 148 of the Highways Act 1980 to deposit compost, dung or other material for dressing land, or any rubbish on a made up carriageway, or any or other debris on a highway to the interruption of any highway user. 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 and use thereafter are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available by telephoning 0300 1234047.

 

4.           Building Regulations

 

To obtain advice regarding current Building Regulations please contact Hertfordshire Building Control Ltd. by emailing us at building.control@hertfordshirebc.co.uk or phoning us on 01438 879990.

 

To make a building regulations application please apply through our website portal at https://www.hertfordshirebc.co.uk/contact-us/ payment can be made online or by phoning the above number after the application has been uploaded.  Please phone Hertfordshire Building Control for fees guidance on 01438 879990.

 

Hertfordshire Building Control can also be contacted by post at Hertfordshire Building Control Ltd, 4th Floor, Campus West, Welwyn Garden City, Hertfordshire, AL8 6BX.

 

Once a building regulations application has been deposited with relevant drawings and fee building work may commence.  You will be advised in their acknowledgement letter of the work stages we need to inspect but in most instances these are usually:

 

              Excavation for foundations

              Damp proof course

              Concrete oversite

              Insulation

              Drains (when laid or tested)

              Floor and Roof construction

              Work relating to fire safety

              Work affecting access and facilities for disabled people

              Completion

 

Please phone Hertfordshire Building Control on 01438 879990 before 10.00am to ensure a same day inspection (Mon - Fri).

 

5.           Community Infrastructure Levy

 

Stevenage Borough Council adopted a Community Infrastructure Levy (CIL) Charging Schedule at Full Council on 27 January 2020 and started implementing CIL on 01 April 2020.

 

This application may be liable for CIL payments and you are advised to contact the CIL Team for clarification with regard to this. If your development is CIL liable, even if you are granted an exemption from the levy, please be advised that it is a requirement under Regulation 67 of The Community Infrastructure Levy Regulations 2010 (as amended) that CIL Form 6 (Commencement Notice) must be completed, returned and acknowledged by Stevenage Borough Council before building works start. Failure to do so will mean you risk losing the right to payment by instalments and a surcharge will be imposed. NB, please note that a Commencement Notice is not required for residential extensions if relief has been granted.

 

Stevenage's adopted CIL Charging Schedule and further details of CIL can be found on the Council's webpages at www.stevenage.gov.uk/CIL or by contacting the Council's CIL Team at CIL@Stevenage.gov.uk .