Agenda item

To consider the redevelopment of existing stables to provide 17 dwellings with access road, parking, landscaping, footpath connections, infiltration basing and pump station.

It was RESOLVED that application 23/00710/FPM be granted planning permission subject to the conditions set out in the report.

The Committee received a presentation from the Senior Planning Officer regarding the resubmission of the application for Courtlands, previously approved in 2021. Key points raised during the presentation included:

 

The Committee heard that the resubmission proposed no changes to the number of houses or overall site layout. The changes pertained solely to the size and internal configurations of the houses, which now included additional features such as utility rooms and boot rooms. These changes aligned with the expectations of rural homeowners and eliminated the need for future individual permitted development applications.

 

The Senior Planning Officer advised the Committee that the site was accessed via Old Chantry Lane through Todd’s Green. The development included a wildflower meadow and a link to Halfpenny Bridge, which connected to public rights of way into Stevenage. The development replaced former buildings of the Courtlands Riding Stables with a smaller built form.

 

Minor changes to house elevations were presented, including adjustments to dormers, garage roofs, and extensions to accommodate the new internal layouts. The footprint of the buildings had slightly increased, but their height and width remain unchanged.

 

The Senior Planning Officer advised the Committee that while the development was within the Green Belt, the built form remained 800 square metres smaller than the original riding stables. The principle of development was established under the previous application, and the visual impact of the current proposal remained comparable. The development included a biodiversity net gain through landscaping improvements, such as the wildflower meadow, enhancing the site’s visual amenities.

 

The Committee heard that the original application delivered affordable housing at Dunn Close, which had already been implemented. The current proposal continued to support social and economic benefits, including job creation during construction and housing delivery.

 

Following the presentation, Members engaged in discussions and raised questions about conditions, biodiversity measures, and planning processes. Key points from the discussion included:

 

Conditions and Compliance:

A query was raised regarding whether conditions from the original application, such as the inclusion of swift and bat boxes and hedgehog highways, had been included in the new submission. It was confirmed that all conditions from the original application were carried over. Most conditions had already been discharged and were compliant, with the exception of drainage, which was under ongoing review by the Lead Local Flood Authority (LLFA).

 

Consistency in Biodiversity Requirements:

A question was raised about why biodiversity features were included for some applications and not others. The response highlighted a reliance on external advice from specialists, including individuals associated with Herts and Middlesex Wildlife Trust, due to the council's lack of an in-house ecology officer. It was noted that the council was actively recruiting for an ecology officer to provide strategic guidance for future applications.

 

Tree Loss and Biodiversity Net Gain:

It was clarified that any tree loss had already occurred under the original application, and replacements were accounted for. The site achieved a biodiversity net gain of 97.61% in habitat units, which remains unaffected by the minor increase in house footprints proposed in the current application.

 

A recorded vote* was taken on the application and it was RESOLVED that planning permission be GRANTED subject to the following conditions:-

 

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

20258_P-11-001A PLOT 11; 20258_P-13-001A PLOT 13; 20528_P-00-001-A; 20528_P-00-002A SITE SECTIONS-A1; 20528_P-01-001A PLOT 1; 20528_P-02-001A PLOT 2; 20528_P-03-001A PLOT 3; 20528_P-04-001A PLOT 4; 20528_P-05-001A PLOT 5; 20528_P-06-001A PLOT 6; 20528_P-07-001A PLOT 7; 20528_P-08-001A PLOT 8; 20528_P-09-001A PLOT 9; 20528_P-10-001A PLOT 10; 20528_P-12-001A PLOT 12; 20528_P-14-001A PLOT 14; 20528_P-15-001A PLOT 15; 20528_P-16-001A; 20528_P-17-001A PLOT 17; Type 3 Pumping Station Layout; 20528-P-00-003;

 

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

 

3.       The materials to be used in the construction of the external surfaces of the dwellings hereby permitted shall be as per the approved plans and documents to the satisfaction of the Local Planning Authority unless otherwise agreed in writing by the Local Planning Authority.

 

4.       The development shall be carried out in accordance with the Construction Management Plan agreed under application 23/00202/COND, which includes the following additional matters:

1. Construction vehicle numbers, type, routing;

2. Access arrangements to the site;

3. Traffic management requirements;

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

5. Siting and details of wheel washing facilities;

6. Cleaning of site entrances, site tracks and the adjacent public highway;

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

8. Provision of sufficient on-site parking prior to commencement of construction activities;

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

10. 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.

11. Demolition and construction works between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0800 and 1300 on Saturdays only (These times relate to works which are audible at the boundary)

12. hours of construction operations including times of deliveries and removal of waste;

 

5.       The development shall be carried out in accordance with the Site Waste Management Plan (SWMP) agreed under application 23/00202/COND. 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 first occupation of the development hereby permitted the vehicular access shall be provided 5.0 m wide complete with a minimum 8.0 m radius kerb to the southern side of the carriageway and thereafter retained at the position shown on the approved drawing number 14043-P030-R and include a pedestrian link from the development to the existing footway network as shown on drawing 5565 / 002 revision A to the current specification of Hertfordshire County Council and to the local Planning Authority's satisfaction. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

7.       Prior to the first occupation of the development hereby permitted, the cycle parking provision and bin storage shall be implemented in accordance with the approved details under application 23/00202/COND.

 

8.       Prior to the first occupation of the development hereby permitted the car parking spaces as detailed on Drawing number 14043-P030-R shall be surfaced and marked out or completed as applicable, in accordance with the approved plan and thereafter retained for the sole use of parking for the development hereby permitted.

 

9.       Electric Vehicle Charging Points (EVCPs), the energy sources and the strategy/management plan for supply and maintenance of the EVCPs shall be as per the approved details under application 23/00202/COND. All EVCPs shall be installed in accordance with the approved details prior to occupation of each of the units and permanently maintained, and retained, unless otherwise agreed in writing by the Local Planning Authority.

 

10.     Prior to the first occupation of the first dwelling hereby approved, a final design of the drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall adhere with the Drainage Strategy Addendum No. 2 (Ref: 21100-FCE-XX-XX-RP-D-0003-P01, October 2022). The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied. The scheme shall include the following:

 

·       Infiltration testing in accordance with BRE Digest 365 which should be carried out at the location and depth of any proposed infiltration measure, supported by evidence of the test, methodology and calculations.

·       detailed engineering layouts and cross section drawings of the proposed SuDS features (including deep borehole soakaways), including their, size, volume, depth and any inlet and outlet features including any connecting pipe runs;

·       updated surface water drainage calculations and modelling for all rainfall events up to and including the 1 in 100 year + 40% climate change event;

·       Confirmation that suitable treatment of surface water would be delivered by the proposed SuDS management train before discharge to the ground via deep borehole soakaway(s).

·       Demonstration that the scheme satisfies all of the criteria within Environment Agency Groundwater Protection Position Statement G9, as requested by the Environment Agency.

·       Evidence of the Environment Agency's response to the deep borehole soakaway proposals and adherence to any guidance contained in their response.

 

11.     Prior to the first occupation of the first dwelling hereby approved, a management and maintenance plan for the approved SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

·     Provision of a complete set of as built drawings, including the final drainage layout for the site drainage network;

·       details of the maintenance and operational activities for all parts of the final drainage strategy the lifetime of the development;

·       arrangements for adoption; and,

·       any other measures necessary to secure the operation of the scheme throughout its lifetime.

The approved plan shall be fully implemented from the date of approval and thereafter for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

 

12.     The development hereby approved shall be carried out in accordance with the measures to address adaptation to climate change and energy efficiency in line with Policy FP1 of the Stevenage Local Plan (2019) and which should exceed the relevant Building Control Regulations have been submitted to and approved in writing by the Local Planning Authority which were approved under application 24/00040/COND. These measures shall be implemented and permanently maintained in accordance with the approved details.

 

13.     The development hereby permitted shall be carried out in accordance with the ecological mitigation and enhancement measures as detailed in the 'Preliminary Ecological Appraisal August 2021' and as agreed under application 23/00202/COND. This document shall be adhered to at all times during construction, including site clearance works, and during occupation of the development.

 

14.     The 9 integrated swift boxes, 8 integrated bat boxes and hedgehog highways as shown on approved plan 14043-W-002-A under application 23/00202/COND must be installed and located in the most appropriate locations to ensure occupation. They shall be fully installed prior to occupation and retained as such thereafter.

 

15.     Prior to the first occupation of the first dwelling hereby approved, a scheme of soft and hard landscaping and details of the treatment of all hard surfaces and boundaries shall be submitted to and approved by the Local Planning Authority. The scheme shall include details of the following:

1. All existing trees and hedgerows on the land and details showing all trees to be removed, or retained;

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

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

4. Details of any street furniture

5. Details of tree pit designs and root protection measures;

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

7. Details of the wild flower meadow

Soft landscaping details will need to take into consideration Network Rail's acceptable and unacceptable planting (see Informative No.9).

 

16.     All planting, seeding and turfing comprised in the approved landscaping details as specified in condition 16 of this approval shall be carried out in the first planting and seeding seasons following the first use of the site or the completion of the development whichever is the sooner.

 

17.     All hard surfacing and boundary treatments comprised in the approved landscaping details as specified in condition 15 of this approval shall be carried out prior to the first use of the site or the completion of the development, whichever is the sooner.

 

18.     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.

 

19.     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.

 

20.     Prior to the first occupation of the first dwelling hereby approved, a landscape management plan, including long term objective goals, management responsibilities (other than private domestic gardens and/or amenity areas) shall be submitted to and approved in writing by the Local Planning Authority. The landscape management and maintenance plan should be fully coordinated with the ecological management requirements and should include clearly defined details for monitoring of all landscape areas by suitably trained and qualified personnel. The development shall thereafter be carried out in accordance with the approved management plan.

 

21.     No development, including site clearance, shall commence until the trees shown to be retained on the site, as identified on the approved plans, or subsequently approved landscaping scheme, have been protected by fencing or other means of enclosure in accordance with BS:5837:2012. Such protection shall be maintained until the conclusion of all site and building operations.

 

22.     Within the areas to be fenced off in accordance with condition 21, there shall be no stockpiling of any materials or soil, no machinery or other equipment parked or operated, no traffic over the root system, no changes to the soil level, no excavation of trenches, no site huts, no fires lit and no dumping of toxic chemicals will be permitted and no retained trees shall be used for winching purposes.

 

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.     The development hereby approved shall be carried out in accordance with the approved details of the treatment of all boundaries including walls, fences, gates or other means of enclosure as approved under application 23/00372/COND. The approved boundary treatments shall be completed before the dwellings are occupied.

 

25.     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 prepared in accordance with the requirements of condition 26 which is subject to the approval of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 27.

 

26.     In the event that contamination is found at any time when carrying out the approved development that was not previously identified, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

27.     In the event that contamination is found at any time when carrying out the approved development that was not previously identified, as required under condition 25, the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

 

28.     External lighting on the development hereby approved shall be as per the plans and details approved under application 23/00372/COND. There shall be no other sources of external illumination.

 

29.     On completion, the dwellings shall meet the following criteria, either:

i. with windows open for ventilation or

ii. with windows closed and with mechanical purge and background ventilation, sufficient to comply with the current Building Regulations.

Noise Level (dB)

Daytime Noise

(07:00 - 23:00) Inside living areas < 35 LAeq, (16 hours)

Night-time Noise

(23:00 - 07:00) Inside bedrooms < 30 LAeq,(8 hours) < 45 LAmax,Fast

Where mechanical purge ventilation is required to achieve the above standards with windows closed, this shall be designed so as to ensure that the ventilation system itself does not produce unacceptable levels of noise within each dwelling. All schemes for ventilation shall comply with the current edition of Approved Document F to the Building Regulations.

 

30.     Prior to the first use of the development hereby approved, the acoustic fencing, including the sound insulation values, shall be as per the approved details under application 23/00202/COND and in accordance with the "Noise and Vibration Impact Assessment, Land at Courtlands Riding Stables", Report reference J04467R1, dated 7th September 2021 by Sound Planning Ltd. The development shall thereafter be implemented in accordance with the approved details, and shown to be effective, and shall be retained in accordance with those details thereafter.

 

31.     All windows within the dwellings hereby approved shall be glazed with triple glazing as shown on drawings 14043-P034-D and 14043-P035-C and shall be retained in that form thereafter.

 

32.     The water supplies and fire hydrants, necessary for firefighting purposes at the site, shall be installed as per the approved details under application 23/00202/COND. The development shall not be occupied until the scheme has been implemented in accordance with the approved details.

 

33.     The development hereby approved shall be carried out in accordance with the Intrusive Ground Investigation, Risk Assessments and Method Statements as approved under application 23/00202/COND in conjunction with Affinity Water to prevent and/or minimise any potential migration of pollutants to public water supply. Any excavations must be undertaken in accordance with the terms of the approved method statement.

 

34.     The development hereby approved shall be carried out in accordance with the construction methodology approved under application 23/00372/COND in consultation with the Asset Protection Project Manager at Network Rail. The development shall thereafter be carried out in accordance with the approved construction methodology unless otherwise agreed in writing by the Local Planning Authority.

 

35.     The dwellings hereby permitted shall not be occupied until the proposed accesses for vehicles, pedestrians and cyclists have been constructed as detailed on the approved drawings, the existing footway/verge has been reinstated and the new footway link from the site access south, to Stevenage Road has been completed to the current specification of Hertfordshire County Council and to the Local Planning Authority's satisfaction.

 

36.     At least 50% of the residential units are Category 2: Accessible and Adaptable dwellings.

 

 

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, 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).

 

4 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.

 

5 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.

 

6 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.

 

7 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.

 

8 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 on line via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section.

 

9 Network Rail

It is imperative that planting and landscaping schemes near the railway boundary do not impact on operational railway safety. Where trees and shrubs are to be planted adjacent to boundary, they should be position at a minimum distance greater than their height at maturity from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. Any hedge planted adjacent to the railway boundary fencing for screening purposes should be placed so that when fully grown it does not damage the fencing, provide a means of scaling it, or prevent Network Rail from maintaining its boundary fencing. Below is a list of species that are acceptable and unacceptable for planting in proximity to the railway boundary;

 

Acceptable:

Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorn (Cretaegus), Mountain Ash -Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina".

 

Not Acceptable:

Acer (Acer pseudoplantanus), Aspen - Poplar (Populus), Small-leaved Lime (Tilia Cordata), Sycamore -Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), Ash (Fraxinus excelsior), Black poplar (Populus nigra var, betulifolia), Lombardy Poplar (Populus nigravar, italica), Large-leaved lime (Tilia platyphyllos), Common lime (Tilia x europea).

 

10 Herts Police Crime Prevention Design Advisor

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".

 

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, Forhad Chowdhury, Nazmin Chowdhury, Peter Clark, Akin Elekolusi, Coleen Houlihan, Claire Parris, Graham Snell, Carolina Veres and Anne Wells.

 

Against – 0

 

Abstentions – 0

 

Absent – Councillors Kamal Choudhury, Lynda Guy and Ellie Plater.