Agenda item

To consider outline planning permission (all matters reserved) for the erection of 2no. three to four bed dwellings.

 

It was RESOLVED that outline planning permission be granted subject to the conditions as per the recommendations set out in the report.

 

The Committee considered an application for outline planning permission (all matters reserved) for the erection of 2no.three or four bed dwellings.

 

The application was before the Committee for determination as the applicant and landowner was Stevenage Borough Council and there had been more than 5 objections to the application.

 

The Senior Planning Officer gave an introduction to the Committee.  She advised that the main issues for consideration was its acceptability in land use policy terms.  Only the principle of the development was to be considered at this stage, matters pertaining to access arrangements, parking provision, layout, appearance and landscaping were to be reserved for future consideration as part of a reserved matters application.

 

An addendum report had been circulated to the Committee which included information relating to a new site survey plan received from Affinity Water which showed a different location of the water pipe.  It was noted that there was ongoing dialogue between the applicant and Affinity Water to discuss their concerns regarding easement width and to form an exact location of the pipe.

 

The Chair then invited Mr Keith Price, an objector to address the Committee.  Mr Price’s concerns related to the following objections:

·         Objection from Affinity Water that the proposed build would be within the easement (no build) area of a critically important 24 inch water main;

·         Concerns that private ownership of the land without the ability to build would lead to the land becoming derelict;

·         Loss of mature trees and the resulting impact on climate and loss of wildlife habitats;

·         Loss of amenity land and the resulting adverse changes to the appearance of the estate;

·         Increase in parking congestion and resulting potential for harm to people.

 

The Chair then invited local Councillor Tom Wren to address the Committee.  Cllr Wren also expressed concern regarding the impact on the environment and the loss of the 13 mature trees which demonstrated why the site was unsuitable for development and that there were many alternative sites across the Town more appropriate for this type of development.  Cllr Wren referred to the Council’s climate emergency pledge and that the replacement trees would be small and not able to compensate to what was being lost.  Cllr Wren also expressed concern regarding the water pipe and that there was no accurate mapping of the site.

 

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

 

The Senior Planning Officer advised that the site was considered to be a small, underused urban site and the proposed development would support the Council’s aim of delivering homes.  The Committee was also reminded of the presumption in favour of delivering sustainable development. 

 

The loss of open space with the various trees had been assessed by the Council’s Arboricultural and Conservation Manager who had raised no concerns or objections so long as a financial contribution was secured for the replacement of any tree lost, which was not to be replanted on the site, at a ratio of 3:1 to be planted along the verge of Six Hills Way.  As such, Officers considered that the loss of the open space was justified and that the development was acceptable in principle.

 

In relation to the concerns regarding the siting of the water pipe, the Committee was advised that final determination of the siting of the houses would be determined under a reserved matters application in the future should outline planning permission be granted and at which point final negotiations with Affinity Water would take place.

 

The following comments and questions were raised by Members and responded to by officers:

 

·         A suggestion was made that as there was still uncertainty regarding the location of the water pipe, the application should be deferred until further discussions between the Council and Affinity Water had taken place. Officers confirmed that the Council were working from plans provided by Affinity Water;

·         The replacement trees would be replanted on site and 24 new trees would be planted along Six Hills Way;

·         In terms of access to local facilities, officers had looked at the most used local facilities but were aware that there were alternative facilities fairly close by;

·         The water pipe runs from the original Lea Valley Water Centre to the Water Tower in Pin Green.  The Reserved Matters application would determine the location of the pipe;

·         The trees affected were not subject to any preservation orders and could be cut down at any point.

 

It was RESOLVED that outline planning permission is GRANTED subject to the applicant having first entered into a s.106 Unilateral Undertaking to secure/provide financial contributions towards:-

·         Funding for 24 new trees;

·         Securing the provision of a 10% net gain in Biodiversity off-site within Stevenage;

·         S.106 monitoring fee.

·         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, as well as the imposition of suitable safeguarding conditions, with authority given to the Assistant Director of Planning and Regulation in consultation with the Chair and Vice Chair of Planning Committee, to amend or add to the conditions set out below, 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:-

 

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

          01; 03D;

         

 2      Approval of the details of the layout, scale, appearance , the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority, prior to the commencement of any part of the development.

         

 

 3      Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

         

 4      The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

         

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 7 of “Preliminary Ecological Appraisal” authored by CSA Environmental and dated May 2023 unless otherwise agreed in writing by the Local Planning Authority.

         

 9      No development shall commence (including site clearance) until a Construction Management Statement has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority's Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Statement. The Construction Management Statement shall include details of:

a)  Construction vehicle types and numbers;

b)  Access arrangements to the site;

c)  Construction and storage compounds including areas designated for loading/unloading and turning areas;

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

e)  Provision of sufficient on-site parking for contractors/operatives prior to commencement of construction activities;

         

 10    Before any development commences, including any site clearance or demolition works, any trees on the site shall be protected by fencing or other means of enclosure in accordance with a detailed scheme submitted to and approved in writing by the Local Planning Authority.  Such protection as may be agreed shall be inspected and approved by the Local Planning Authority prior to the commencement of the work and maintained until the conclusion of all site and building operations.

         

11     No development shall take place above slab level until details of measures to address adaptation to climate change 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.

         

12     No development shall commence until full details (in the form of scaled plans and/or written specifications) have been submitted to and approved in writing by the Local Planning Authority to illustrate the following:

a)  roads, footways;

b)  cycleways;

c)  foul and surface water drainage;

d)  visibility splays;

e)  access arrangements;

f)   parking provision in accordance with adopted standard;

g)  loading areas;

h)  turning areas.

         

13     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.

         

14     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.

         

15     Prior to the occupation of the development hereby permitted, each residential dwelling shall incorporate an Electric Vehicle ready domestic charging point.

 

16     No development shall take place above slab level until details (make, model, location) of integrated (installed within the brickwork) bat boxes, integrated swift boxes and hedgehog holes in boundary fencing has been submitted to and approved in writing by the Local Planning Authority. These must be fully installed in accordance with the approved details prior to occupation and retained as such thereafter.

           

INFORMATIVE

 

 1         Public Information on Planning Applications

            Warning: all information provided on your planning application is now publicly available. Individuals and organisations offering their services may contact you. The Council does not endorse or approve any builders, surveyors, trades persons or other supplier, and advises householders to obtain quotes/references, and check the legitimacy of any contractor who contacts them before making payment.

 

 2         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 .

           

 3         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).

 

 4         Party Wall etc. Act 1996

            Any work that affects a party wall, including foundations dug within 3.0m of a neighbouring building, may be controllable under the Act and may require approval from the adjoining owner(s).  Party Wall Act matters are always civil matters and it is neither Stevenage Borough Council's nor Hertfordshire Building Control Ltd's remit to control or enforce Party Wall act matters.  Please refer to the Government's explanatory booklet The Party Wall etc. Act 1996, a copy of which is available online at

            https://www.gov.uk/government/publications/the-party-wall-etc-act-1996-revised-explanatory-booklet 

 

 5         Hertfordshire County Council as Highways Authority

            Parking and Storage of materials: The applicant is advised that all areas for parking, storage, and delivery 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/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 

 6         Hertfordshire County Council as Highways Authority

            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:

            http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

 7         Hertfordshire County Council as Highways Authority

            Debris and deposits on the highway: 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.