Agenda item

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

It was RESOLVED that application 23/00482/FP be GRANTED planning permission subject to the conditions set out in the report, and with the addition of the words ‘located within a conservation area’ in the reason for Condition 4, after the word development.

The Committee considered an application for the change of use of parking bays to facilitate construction of an outdoor seating area associated with 56 – 58 High Street, Stevenage

The application was before the Committee for determination as the application had been called in by Councillor Loraine Rossati due to the potential impact on neighbouring properties, car parking and highway safety.

The Senior Planning Officer gave an introduction to the Committee.  She reminded Members that the application had been deferred previously to seek amended plans to remove the proposed highways works to the front of the building.

The Chair then invited Mr Edward Veale, Chair of the Stevenage Old Town Business and Community Partnership to address the Committee.  Mr Veale advised that he was concerned by the proposal, and expressed worries about both the loss of parking, and the precedent that could be set for changing the space from public to commercial use.

The Chair then invited Russell Linnard, on behalf of the applicant to address the Committee.  Mr Linnard advised that amended plans had now been submitted which had removed the previously sought works to the front of the property.  The existing dropped kerb to the west of the proposed works would also be reinstated resulting in a net loss of 3no. parking spaces.  Mr Linnard also advised that no objections had been raised by Herts County Council as Highways Authority, SBC Engineers Department or BEAMS.

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

The Senior Planning Officer confirmed that the applicant had provided an amended plan which no longer included the works to the front of the premises and also made clear with annotations that the existing dropped kerb to the west of the proposed works on the southern side of the property would be removed and made good.  As a result of the removal of the dropped kerb, a parking space would be generated on the highway confirming the net loss of only 3no. spaces.

In response to a number of questions/comments from Members, the Senior Panning Officer advised:

·         The change of use of the land would be covered by a pavement licence, the issuing of which is a separate function of the Council and not a Planning matter;

·         This application was only concerned with the proposed engineering works, comprising the removal of parking bays, a widened public footpath and associated kerbs and ancillary works;

·         Additional disabled spaces would be considered as part of the County Council’s forthcoming Plan for the Old Town;

·         The Reason for Condition 4 would be amended to refer to the application site being within a Conservation Area.

It was RESOLVED that application 23/00482/FP be GRANTED planning permission subject to the conditions

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

RL3883-02; 457-09-Rev B

2          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

3          Prior to the first use of the seating area hereby approved, the removable bollards and removable banners shall be installed, the existing crossover to the west of the site shall be closed and double yellow lines shall be implemented as shown on approved plan 457-09-Rev C.  No other furniture other than that shown on the attached plan shall be installed or erected unless an application for planning permission is first sought from the Local Planning Authority.

4          The materials to be used in the construction of the built out seating area and the built out area to the eastern frontage of the application site shall be as per approved plan 457-09-Rev C to the satisfaction of the Local Planning Authority.

5          Unless otherwise agreed in writing by the Local Planning Authority, the outdoor seating area hereby approved shall not be in operation before 08:00 hours or after 23:00 hours on any day. Outside of these times, all tables and chairs shall be removed to leave a clear and unobstructed area to the front and side of the building.

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 . - 10 -

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

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/businessanddeveloper-information/development-management/highways-developmentmanagement.aspx or by telephoning 0300 1234047