Agenda item

To consider the demolition of existing Walpole Court sheltered living accommodation and associated bungalows and construction of 24no. dwellings with associated road and vehicle access, car parking, garden areas and ancillary works.

The Committee considered a report in respect of application 24/00047/FPM seeking permission for the demolition of existing Walpole Court sheltered living accommodation and associated bungalows and the construction of 24no. dwellings with associated road and vehicle access, car parking, garden areas and ancillary works.

 

Following a period of questions and answers, it was RESOLVED that planning permission be GRANTED subject to the conditions and informatives as set out in the report.

 

The Committee considered a report in respect of application 24/00047/FPM seeking permission for the demolition of existing Walpole Court sheltered living accommodation and associated bungalows and the construction of 24no. dwellings with associated road and vehicle access, car parking, garden areas and ancillary works.

 

The Principal Planning Officer advised the Committee that the application was in respect of phase two of the Kenilworth Close redevelopment. Phase one, granted planning permission in October 2019, involved mixed-use development. Phase two initially planned for flats but had changed to family housing based on community feedback.

 

The Principal Planning Officer highlighted the location of the site as being at the western end of Blenheim Way at the junction with Kenilworth Close. To the South of the site was woodland parallel to the east coast mainline railway, and to the north was the recently redeveloped Kenilworth Close neighbourhood centre. To the west and east were various residential developments. The existing buildings included a predominantly two-storey horseshoe-shaped sheltered housing block.

 

The Principal Planning Officer advised the Committee that the affordable housing requirement for the site had been met in phase one, which included a mix of unit sizes appropriate for the borough's needs at that time.

 

The Principal Planning Officer informed the Committee that the total number of parking spaces provided in proposed developments was 59no. This consisted of 54no. private residential spaces and 5no. visitor spaces.

 

The Principal Planning Officer advised the Committee that a strategy including tree replacement and a 10% biodiversity net gain had been proposed.

 

The Committee was shown photos and diagrams including the site, existing and proposed elevations, and examples of the proposed materials.

 

A Member asked a question related to affordable housing in terms of unit sizes. The Principal Planning Officer responded that the affordable housing in phase one included a mix of unit sizes which were considered appropriate for the needs of the borough at that time.

 

A Member asked a question related to disabled parking spaces. The Principal Planning Officer responded that there was no policy requirement for disabled parking spaces as these were private allocated parking spaces plus 5no visitor unallocated spaces spread across the development.

 

A Member asked a question regarding the current occupancy of the sheltered accommodation and any potential rehousing. The Principal Planning Officer confirmed that existing residents would be rehoused in the independent living block built in phase one.

 

In response to a question related to flood mitigation measures, the Principal Planning Officer advised that additional information had been submitted which addressed the local flood authority's concerns, subject to planning conditions.

 

A Member asked a question regarding social housing. The Development Manager confirmed that the policy required 25% of units to be affordable housing, which could include a mix of affordable rent, intermediate housing, and other types, but there was no statutory requirement for social housing. The affordable housing requirement for this site had already been met in phase one of the development.

 

It was RESOLVED that planning permission be GRANTED subject to the conditions and informatives as set out below subject to the applicant having first entered into a S106 legal agreement to secure/provide contributions towards:-

 

·         S278 Agreement (covering the junction alterations and public realm works on highway land to be adopted by HCC Highway Authority)

·           Local apprenticeships and construction jobs

·           Management Company to manage areas of unadopted open space, highways and SuDS.

·           £23,486 Biodiversity Financial Contribution towards delivery of 10% biodiversity net gain

·           £316,193 Secondary Education Contribution to Hertfordshire County Council

·           S106 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.

              Authority would be given to the Assistant Director of Planning and Regulation in consultation with the Chair of Planning 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 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:

 

              23042SU1.01; 23042SU1.02; 23042.02.SU1.03; 23042WD2.01A; 23042WD2.02A; 23042WD2.03; 23042WD2.04; 23042WD2.05; 23042WD2.06; 23042WD2.102; 23042WD2.103; 23042WD2.104; 23042WD2.105; 23042WD2.106; 23042WD2.107; 23042WD2.108; 23042WD2.109; 23042WD2.110; 23042WD2.111; 23042WD2.112; 23042WD2.113; 23042WD2.114; 23042WD2.201; 23042WD2.202; 23042WD2.203; 23042WD2.204; 23042WD2.205; 23042WD2.206; 23042WD2.207; 23042WD2.208; 23042WD2.209; 23042WD2.210; 23042WD2.211; 23042WD2.212; 23042WD2.213; 11897 TCP 01;

           

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

 

3.           No demolition or construction work relating to this permission shall be carried out on any Sunday, Public or Bank Holiday nor at any other time, except between the hours of 08.00; and 18.00; on Mondays to Fridays and between the hours of 08.00; and 13.00; on Saturdays.

 

4.           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.

 

5.           Prior to the commencement of the development hereby permitted, a detailed Site Waste Management Plan (SWMP) shall be submitted to and approved in writing by the Local Planning Authority. The SWMP shall detail how waste materials generated as a result of the proposed demolition and/or construction works will be disposed of, and the level and type of soil to be imported to the site as part of the development.

             

6.           Prior to the commencement of the development hereby permitted, a preliminary intrusive ground investigation shall be carried out to establish if the site is contaminated, to assess the degree and nature of the contamination present, and to determine its potential for harm to human health and pollution of the water environment. The method and extent of this investigation shall be agreed in writing by Local Planning Authority before the development commences. The development shall then proceed in strict accordance with the measures approved.

             

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 external materials specified on drawings 23042WD2.201, 23042WD2.202, 23042WD2.203, 23042WD2.204, 23042WD2.205, 23042WD2.206, 23042WD2.207, 23042WD2.208, 23042WD2.209, 23042WD2.210, 23042WD2.211, 23042WD2.212 and 23042WD2.213 unless otherwise agreed and approved in writing by the Local Planning Authority.

             

9.           The proposed car parking spaces, cycle parking storage sheds and turning areas as shown on the proposed detailed site plan (Ref- 23042wd2.02A) shall be laid out, demarcated, levelled, surfaced, and drained in accordance with the approved plan and retained thereafter available for that specific use prior to the occupation of the dwellings that they will serve.

 

10.         The proposed footways and Vehicle Cross Overs (VXOs) as indicated on the detailed site plan (Ref-23042wd2.02A) along Blenheim Way (frontage of proposed plots 24 to 14 and side frontage of plot 1) shall be constructed to the specification of the Highway Authority and Local Planning Authority's satisfaction prior to the occupation of the dwellings that they will serve.

 

11.         Notwithstanding the details shown in this application, the treatment of all boundaries including any walls, fences, gates or other means of enclosure and details of acoustic screening around gardens as recommended by the Noise and Vibration report by Cass Allen ref. RP01-23592-R0 shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The approved boundary treatments shall be completed and permanently maintained as such before the dwellings are occupied.

             

12.         The development to which this permission relates shall be carried out in accordance with the recommendations within the Noise and Vibration report by Cass Allen ref. RP01-23592-R0 or any alternative to be submitted to and approved by the Local Planning Authority.

 

13.         The development to which this permission relates shall be carried out in accordance with the mitigation measures, including a preliminary bat roost assessment and bat roost emergence survey on building 2 as specified in the Preliminary Ecological Appraisal authored by Geosphere Environmental reference 7993,EC,PEA,AG,SJ,KL,24-01-24,V2 unless otherwise agreed in writing by the Local Planning Authority.

 

14.         All areas of hedges, scrub or similar vegetation where birds may nest which are to be removed as part of the development, are to be cleared outside the bird-nesting season (March - August inclusive) or if clearance during the bird nesting season cannot be reasonably be avoided, a suitably qualified ecologist will check the areas to be removed immediately prior to clearance and advise whether nesting birds are present. If active nests are recorded, no vegetation clearance or other works that may disturb active nests shall proceed until all young have fledged the nest.

 

15.         No dwelling shall be occupied until details of the siting of 24 integrated swift bricks (one per dwelling) have been submitted to and approved by the Local Planning Authority. These bricks shall be fully installed prior to occupation and retained as such thereafter.

 

16.         Before any development commences, including any site clearance or demolition works, any trees on the site to be retained shall be protected by fencing or other means of enclosure in accordance with BS5837:2012 and the approved Tree Protection Plan ref. 11897 TPP 01.

 

17.         No tree shown retained on the approved plans, or subsequently 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.

 

18.         If any retained tree referred to in condition 17; is removed, uprooted or destroyed or dies within 5 years of the completion of development, a replacement tree should be planted in the same place and that tree shall be of such a size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

19.         No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of soft and hard landscaping and details of the treatment of all hard surfaces.  The scheme shall include details of all existing trees and hedgerows on the land and details showing all trees to be removed, or retained, together with details of all new planting to take place including species, size and method of planting.

 

20.         All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of the development whichever is the sooner.

 

21.         All hard surfacing comprised in the approved details of landscaping shall be carried out within 3 months of the first occupation of the building(s) or the completion of the development, whichever is the sooner.

 

22.       Development shall not commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to, and approved in writing by, the local planning authority. The content of the LEMP shall ensure the delivery of the agreed number of habitat units as a minimum (1.88 habitat units, 0.15 hedgerow units) to achieve a net gain in biodiversity and include the following.

 

a)        Description and evaluation of habitat parcels to be managed, cross referenced to individual lines in the metric.

b)        Maps of all habitat parcels, cross referenced to corresponding lines in the metric.

c)         Appropriate management options for achieving target condition for habitats as described in the approved metric.

d)        Preparation of an annual work schedule for each habitat parcel (to be applied as a 30-year work plan capable of being rolled forward in perpetuity).

e)        Details of the body or organisation responsible for implementation of the plan.

f)          Details of species selected to achieve target habitat conditions as identified in approved metric, definitively stated and marked on plans.

g)        Ongoing monitoring plan and remedial measures to ensure habitat condition targets are met.

h)        Reporting plan and schedule for informing LPA of condition of habitat parcels for 30 years.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

 

The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

 

The approved plan will be implemented in accordance with the approved details.

 

23.       The measures to address adaptation to climate change as set out within the Design and Access Statement by Kyle Smart Associates dated January 2024 shall be implemented and permanently maintained in accordance with the approved details.

 

24.       Prior to first occupation of the development hereby permitted details of external lighting to the site shall be submitted to the Local Planning Authority and approved in writing.  There shall be no other sources of external illumination.

 

25.      The refuse and recycling stores for each dwelling as shown on drawing number 23042WD2.02A   shall be provided and made ready for use prior to first occupation of the dwellings they will serve and shall be retained in that form and kept available for those purposes thereafter.

 

26.      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.

 

27.       Following demolition, and prior to the commencement of construction of the proposed development, BRE 365 infiltration testing shall be provided at the depth and location of the proposed soakaways to demonstrate and confirm the detailed design of the drainage strategy (based on FRA & Drainage Strategy (6682-DR001 Revision 4, March 2024) and Drawings (6682-1910 Revision P3, March 2024))., If these results show that infiltration is not a viable option, the scheme shall follow ‘Plan B’ as set out in the FRA and Drainage Strategy, A set of construction drawings of the final surface water drainage network, associated sustainable drainage components, flow control mechanisms and a construction method statement shall be submitted and agreed in writing by the local planning authority. The approved scheme shall then be constructed as per the agreed drawings, method statement, and remaining in perpetuity for the lifetime of the development unless agreed in writing by the Local Planning Authority. No alteration to the agreed drainage scheme shall occur without prior written approval from the Local Planning Authority.

 

28.       The development hereby approved shall not be occupied until details of the maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall be implemented prior to the first occupation of the development hereby approved and thereafter managed and maintained in accordance with the approved details in perpetuity. The Local Planning Authority shall be granted access to inspect the sustainable drainage scheme for the lifetime of the development. The details of the scheme to be submitted for approval shall include:

            1. A timetable for its implementation.

            2. Details of SuDS feature and connecting drainage structures and maintenance requirement for each aspect including a drawing showing where they are located.

            3. A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime. This will include the name and contact details of any appointed management company.

            4. Information on how each individual property owner will manage the shared responsibility of soakaways crossing multiple property boundaries.

 

29.       Upon completion of the surface water drainage system, including any SuDS features, and prior to the first use of the development; a survey and verification report from an independent surveyor shall be submitted to and approved in writing by the Local Planning Authority. The survey and report shall demonstrate that the surface water drainage system has been constructed in accordance with the details approved pursuant to condition 1. Where necessary, details of corrective works to be carried out along with a timetable for their completion, shall be included for approval in writing by the Local Planning Authority. Any corrective works required shall be carried out in accordance with the approved timetable and subsequently re-surveyed with the findings submitted to and approved in writing by the Local Planning Authority.

 

30.       Development shall not commence until details and a method statement for interim and temporary drainage measures during the demolition and construction phases have been submitted to and approved in writing by the Local Planning Authority. This information shall provide full details of who will be responsible for maintaining such temporary systems and demonstrate how the site will be drained to ensure there is no increase in the off-site flows, nor any pollution, debris and sediment to any receiving watercourse or sewer system. The site works and construction phase shall thereafter be carried out in accordance with approved method statement, unless alternative measures have been subsequently approved by the Planning Authority

 

31.      No above ground works shall take place until a scheme for the provision of adequate water supplies and fire hydrants, necessary for firefighting purposes at the site has been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the scheme has been implemented in accordance with the approved details.

 

INFORMATIVES

 

1.           A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team by telephoning 020 3577 9483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be completed online viawww.thameswater.co.uk. Please refer to the Wholsesale; Business customers; Groundwater discharges section.

 

2.           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.

 

3.           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.

 

4.           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.

 

5.           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.

 

6.           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.

 

7.           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, Campus East, Welwyn Garden City, Hertfordshire, AL8 6AE.

 

              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).

 

8.         Prior to construction the developer is advised to contact the Hertfordshire Constabulary CPDS with a view to seeking to achieve accreditation to the Police preferred minimum security standard that is Secured by Design.  The reason for this is to ensure that the development is compliant with both National and Local Planning Policies, in addition, this will also demonstrate the discharge of obligations under Approved Document 'Q' - Security of Building Regulations".

 

9.         Construction Management Plan (CMP): The purpose of the CMP is to help developers minimise construction impacts and relates to all construction activity both on and off site that impacts on the wider environment. It is intended to be a live document whereby different stages will be completed and submitted for application as the development progresses. A completed and signed CMP must address the way in which any impacts associated with the proposed works, and any cumulative impacts of other nearby construction sites will be mitigated and managed. The level of detail required in a CMP will depend on the scale and nature of development.  The CMP would need to include elements of the Construction Logistics and Community Safety (CLOCS) standards as set out in our Construction Management template, a copy of which is available on the County Council's website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx.