Agenda item

To consider demolition of existing semi-detached houses, sea cadets, nursery and scouts buildings to provide 57no new dwellings with associated parking, facilities and landscape. Reconfiguration of existing public car park.

 

The Committee considered an application for the demolition of existing semi-detached houses, sea cadets, nursery and scouts buildings to provide 57no new dwellings with associated parking, facilities and landscaping, and the reconfiguration of the existing public car park.

 

The Team Leader (AD) advised the Committee that the application included a revised layout following an initial proposal in July 2023, for which the Committee had resolved to grant planning permission. The drainage scheme for the previous layout was never agreed and the legal agreement was not proceeded with. The Lead Local Flood Authority had approved the drainage scheme for the new proposed layout.

 

The Committee heard that the original proposal had included a four-storey apartment block and the demolition of garages on Shephall View. The new proposal replaced the apartment block with smaller two-bedroom cluster homes and the garages would no longer be demolished.

 

The Team Leader (AD) informed the Committee that the application included a payment in lieu of off-site provision of affordable housing. The payment would be ring-fenced by the Council to fund affordable housing at Burwell Road allowing the developer more flexibility to proceed without linking the two sites.

 

The Committee were informed that the Sea Cadets and Scouts had already been relocated to new facilities in Hampson Park meeting policy requirements for their displacement due to this development.

 

The Team Leader (AD) advised the Committee that the scheme met the parking policy requirements, providing 86 allocated residential parking spaces and 11 visitor spaces, within the 75-100% required parking range. Public parking for Fairlands Valley Park would be resurfaced and formal parking bays would be marked.

 

The Committee were shown visuals of how the development would look including elevations and street scenes.

 

The Officer Recommendation was to grant planning permission.

 

Members asked a number of questions relating to traffic and road layouts, parking provision, environmental concerns, affordable housing and Fairlands Valley Park.

 

The Team Leader (AD) confirmed that Shephall View would remain a one-way road, with no vehicular access from it to the proposed development. Those who rented or owned garages in the area would still have access and beyond the garages there would be pedestrian access to the site only.

The Team Leader (AD) informed the Committee that the new layout of the development would have a negligible impact on traffic, as the number and mix of dwellings remained similar to the previous plan.

In response to questions related to the Fairlands Valley car park, the Team Leader (AD) advised that the surface area of the car park would stay the same, but the introduction of marked bays would likely lead to a more efficient use of space, although it was not confirmed whether there would be an increase in total spaces. The Committee heard that the car park would remain under the control and management of the Council. Officers believed that the provision of adequate parking for residents minimised the risk of residents using the park’s car park. The Assistant Director, Planning and Regulation added that future parking issues could be addressed through Traffic Regulation Orders (TROs) if necessary.

Responding to environmental concerns, the Head of Planning and Enforcement referred to a preliminary ecological appraisal. This appraisal recommended 4 bat boxes and 15 swift bricks, which were further formalised in Condition 9 of the committee report. This condition, suggested by the Herts and Middlesex Wildlife Trust, required the submission and approval of details for these boxes before the development could proceed. The boxes must be installed prior to occupation and retained to enhance biodiversity, in line with national planning policy.

The Team Leader (AD) clarified that the cluster houses were small, two-bedroom units with their own private entrances. While they did not have internal communal areas, they shared an external garden, similar to flats. Each house would also have its own allocated parking space, as well as a communal refuse collection point and cycle parking stands.

In response to a question related to potential delays to the delivery of the affordable housing provision, the Team Leader (AD) assured that once planning permission was granted and the legal agreement was finalised, the developer would deposit the required funds with the council. These funds would be used by the housing development team, alongside the proceeds from the sale of the development site, to support the Burwell Road housing project, without hindering the timeline.

A recorded vote* was then taken on the application and it was RESOLVED that retrospective planning permission be granted 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    verge land adopted by HCC Highway Authority)

•           £1,898,523.90 towards off site affordable housing (14 units)

•           Local apprenticeships and construction jobs

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

•           £15,000 towards delivering green space improvements in Fairlands Valley Park

•           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.

And to the following conditions and informatives:

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

18068SU1.01; 18068SU1.02; 18068SU1.03; 18068SU1.04; 18068SU1.05; 18068SU1.06; 18068SU1.101; K61-BRP-00-00-DR-A-0102-P08; K61-BRP-00-00-DR-A-0107-P05; K61-BRP-00-00-DR-A-0108-P03; K61-BRP-00-00-DR-A-0210-P02; K61-BRP-00-00-DR-A-0211-P02; K61-BRP-00-00-DR-A-0212-P02; K61-BRP-00-00-DR-A-0213-P02; K61-BRP-00-00-DR-A-0214-P02; K61-BRP-00-00-DR-A-0215-P02; K61-BRP-00-00-DR-A-0216-P02; K61-BRP-00-00-DR-A-0217-P02; K61-BRP-00-00-DR-A-0300-P03; K61-BRP-00-00-DR-A- 0301-P03; K61-BRP-00-00-DR-A-0302-P03; K61-BRP-00-00-DR-A-0303-P03; K61-BRP-00-00-DR-A-0304-P03; K61-BRP-00-00-DR-A-0305-P03; K61-BRP-00-00-DR-A-0306-P03; K61-BRP-00-00-DR-A-0307-P03; K61-BRP-00-00-DR-A-0308-P03; 6529.011-F; SHF.1732.005.ENZ.XX.01.DR.L.45.101-PL01; SHF.1732.005.ENZ.XX.01.DR.L.45.102-PL02; SHF.1732.005.ENZ.XX.01.DR.L.45.103-PL02; SHF.1732.005.ENZ.XX.01.L.SC.45.101-PL02.

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

3          No site clearance or construction work relating to this permission shall be carried out except between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0800 and 1300 on Saturdays, unless otherwise agreed in writing by the Local Planning Authority. These times apply to work which is audible at the site boundary.

4          Notwithstanding the details set out in the application submission, no development shall take place above slab level until details of a hard and soft landscaping strategy and boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the following:

1.         Details of all new planting to take place including species, size,                                 quantity, location and method of planting;

2.         Details of all boundary treatments including type, size, positions,                              heights and materials;

3.         Details of any street furniture;

4.         Details of tree pit designs and root protection measures (if                                         required);

5.         Details of all hardsurfacing areas to include type, size and                                         materials.

6.         A programme of implementation of hard and soft landscaping

Thereafter, all hard surfacing and all planting, seeding and turfing comprised in the approved details shall be carried out in accordance with the agreed programme.  

5          Any trees or plants comprised within the approved plans or subsequently approved landscaping scheme, 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 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.

7          Prior to development above slab level of Plot 57, the group of trees labelled          G1 in the Tree Protection Plan ref. 12106 TPP 01 within the        Arboricultural            Impact Assessment by Aspect Arboriculture dated April 2024 shall be   trimmed back appropriately to reduce encroachment onto Plot 57.

8          Development shall not commence until a biodiversity net gain management plan (BNGMP) has been submitted to, and approved in writing by, the local planning authority. The content of the BNGMP shall ensure the delivery of the agreed number of habitat units as a minimum 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 BNGMP 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 BNGMP 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.

9          No development above slab level shall be carried out until details of 15 integrated swift boxes and 4 integrated bat boxes have been submitted and approved by the LPA. These devices shall be fully installed prior to occupation and retained as such thereafter.

10        No demolition of the site of the bat roost identified in the approved survey shall commence unless the local planning authority has been provided with a copy of the licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/development to go ahead. Development shall then proceed in accordance with that licence and in accordance with the approved ecological report. All mitigation and compensation measures shall be fully installed before occupation and retained as such thereafter.

11        The recommended ecological and nature conservation enhancements set out within the Preliminary Ecological Appraisal by Tetra Tech Limited ref. 784-B066592 shall be implemented and permanently maintained in accordance with the approved details.

12        Prior to the first occupation of any dwellings hereby permitted (except on plots 1-3) the vehicular access shall be completed and thereafter retained as shown on drawing number K61-BRP-00-00-DR-A-0102-P08 in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

13        Visibility splays measuring 2.4 x 43m metres shall be provided to each side of the access where it meets the highway and kept free at all times from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

14        Prior to the first occupation of the development hereby permitted the proposed access arrangements/and an on-site car turning area shall be implemented in accordance with the approved drawing number K61-BRP-00-00-DR-A-0102-P08 and retained thereafter available for that specific use.

15        Prior to the first occupation of each dwelling, an active (ready to use) EV charging point shall be provided which shall thereafter be permanently retained.

16        Prior to development above slab level, a scheme for (short and long stay) the parking of cycles including details of the design, level and siting shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented before the development is first occupied and thereafter retained for this purpose.

17        No development shall commence, excluding demolition within the site, until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the construction of the development shall only be carried out in accordance with the approved Plan: The Construction Management Plan / Statement shall include details of:

            a. Construction vehicle numbers, type, routing

            b. Access arrangements to the site;

            c. Traffic 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. Phasing Plan.

18        Following the removal of all subbase from the existing pavement construction and completion of site preparation works and prior to the commencement of construction works testing of Boreholes WS101 and WS105, referenced in the Geo-Environmental Report ref. CRM.757.001.GE.R.001.A, shall be carried out to confirm that soil concentrations of lead and Polycyclic Aromatic Hydrocarbons at these locations do not exceed the General Acceptance Criteria values referenced in the said report, and the results from the analysis of the soil samples shall be provided to the local planning authority.

If, following the further testing of boreholes or during the course of development any unforeseen contamination is found or suspected, works shall cease and the local planning authority shall be informed immediately. The local planning authority may request the nature and extent of any contamination to be investigated in order that a suitable remediation strategy can be proposed. The development shall not continue until any required remediation as agreed in writing by the local planning authority has been undertaken, and the local planning authority has confirmed it has been undertaken to its satisfaction.

19        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.

20        The measures to address adaptation to climate change as set out within the Design and Access Statement by BRP Architects dated May 2024 shall be implemented and permanently maintained in accordance with the approved details.

21        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.

22        Upon completion of the drainage works for the site and in accordance with the timing/phasing arrangement, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

            1.         Provision of a complete set of as built drawings for site drainage.

            2.         Maintenance and operational activities.

3.         Arrangements for future management, including adoption by the Highways Authority or and any alternative other measures to secure the long term operation and management of the drainage scheme throughout its lifetime.

23        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.

24        A new highway directional sign for Fairlands Valley Park shall be erected adjacent to the approved vehicular access on Bedwell Crescent and the existing sign on Shephall View removed.

25        No above ground works shall take place until a scheme for the provision of adequate water supplies and fire hydrants, within 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.

26        The car parking spaces shown on drawing number K61-BRP-00-00-DR-A-0108-P03 shall be provided, marked out and hard surfaced for each dwelling ready for use prior to their occupation and shall thereafter be retained in that form and kept available for those purposes thereafter.

27        The communal refuse and recycling stores as shown on drawing number K61-BRP-00-00-DR-A-0102-P08 shall be provided and made ready for use for each block of Cluster Homes (plots 29 to 49) prior to occupation of any dwelling in the corresponding block and shall thereafter be retained in that form and kept available for those purposes thereafter.

28        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 any dwellinghouse hereby permitted unless permission is granted on an application made to the Local Planning Authority.

29        No development above slab level on plots 1 to 4 shall proceed until detailed technical plans are submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Authority, which show no more than two side by side parking bays fronting Bedwell Crescent along Plots 1 to 4 in accordance with the hereby approved plans. These works shall be constructed to the specification of the Highway Authority and Local Planning Authority's satisfaction and completed before occupation of the dwellings in plots 1 to 4.

 

 

 

INFORMATIVES

1          Thames Water

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          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          Police Crime Prevention Design Service

Prior to construction the applicant will 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”.

5          HCC Highway Works s.278

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          Storage of Construction Materials

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.

7          HCC Construction Management Plan

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

11        Biodiversity Net Gain

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is             that planning permission granted for the development of land in England is deemed to have   been granted subject to the condition "(the biodiversity gain condition") that development may    not begin unless:

a)         a Biodiversity Gain Plan has been submitted to the planning authority, and

            b)         the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Stevenage Borough Council. 

Based on the information available, this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

Where the local planning authority considers that the permission falls within paragraph 19 of Schedule 7A to the Town and Country Planning Act 1990, the permission which has been granted has the effect of requiring or permitting the development to proceed in phases. The modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply.

Biodiversity gain plans are required to be submitted to, and approved by, the planning authority before development may be begun, and, if subject to phased development, before             each phase of development may be begun (Phase Plans).

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements             for the content and approval of Biodiversity Gain Plans.  The Biodiversity Gain Plan must         include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for           any impact the development has on the biodiversity of the irreplaceable habitat.

The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.

More information can be found in the Planning Practice Guidance online at https://www.gov.uk/guidance/biodiversity-net-gain

 

* Recorded Vote

 

For - Councillors Julie Ashley-Wren, Rob Broom, Kamal Choudhury, Forhad Chowdhury, Nazmin Chowdhury, Peter Clark, Akin Elekolusi, Lynda Guy, Coleen Houlihan, Claire Parris, Ellie Plater, Graham Snell, Carolina Veres and Anne Wells.

 

Against - 0

 

Abstentions - 0

 

Absent – 0