Agenda item

To consider the construction of bin enclosure to house 10 no. 360 litre wheelie bins.

At this juncture, the Interim Assistant Director advised the Committee that the four applications being considered at the meeting were all for identical bin enclosures outside four different flat blocks all on Walden End. As such, the presentations would contain a lot of duplication. The Interim Assistant Director reminded the Committee that each application had to be considered on its own merits. 

The Committee received a presentation from the Interim Assistant Director (Planning and Regulation). The Committee were informed about refurbishment works which had taken place at the flats, and the proposal that each flat block would have a dedicated bin enclosure to house 10no. 360 litre wheelie bins.  

The Interim Assistant Director advised Members that the proposed bin enclosures would be constructed from Timber and would have a height of 1.45 metres. All four stores would be located at the front of the flat blocks.  

The Committee heard that the main principles were the design of the visual impact, the impact on the area of open space and the impact of residential amenity. It was also noted that officers had considered the proposals acceptable in relation to the local plan and national planning policy framework.  

The Interim Assistant Director advised the Committee that an addendum report circulated with the agenda papers, included comments from Cycle UK regarding the installation of cycle storage facilities at these flat blocks to encourage a modal shift. This however was not part of the original application but could be discussed with the applicants in the future. 

The Committee was informed of an objection from HCC Highways, which raised concerns about the potential highway safety issue with the unit’s door opening out onto public highway. The Interim Assistant Director advised the Committee that the door in question would only be used for refuse collections thus minimising the potential for any obstruction. 

In response to a question regarding access to the codes on the bin enclosures, the Interim Assistant Director advised that the refuse team would have access to this code and residents would use the back of the bin store for access.   

At this juncture, Members commented on the similarity of these four reports and questioned why they could not reference back to the first item, to which the officer responded that each submission was an individual application and therefore a statutory requirement to review each application separately. 

Members sought clarification on environmental waste and the risk of fly tipping. The Interim Assistant Director responded that it was a matter for Stevenage Direct Services and did not form part of the planning application being considered. 

At this junction the Chair of the Environment and Economy Select Committee advised Members of an upcoming session on waste and recycling which covered these policies and welcomed members to attend. 

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

  

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

Location Plan; 267/586;  

  

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

  

3.    The external materials used in the development to which this permission relates shall be those detailed on the approved plans and in the accompanying planning submission documents unless otherwise agreed in writing by the local planning authority. 

 

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/CILor 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.    Party Wall etc. Act 1996 

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

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

  

5.    Biodiversity Net Gain 

         Applications where Biodiversity Net Gain is not required as development is considered De Minimis  

           

        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: 

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

f.     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.   

           

        There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not apply. 

           

        Based on the information available this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption or transitional arrangement is considered to apply. 

3.         Development below the de minimis threshold, meaning          development which: 

e.   does not impact an onsite priority habitat (a habitat      specified in a list published under section 41 of the Natural    Environment and Rural Communities Act 2006); and 

f.    impacts less than 25 square metres of onsite habitat that       has biodiversity value greater than zero and less than 5       metres in length of onsite linear habitat (as defined in the          statutory metric). 

 

        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. 

           

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, Stephen Booth, Rob Broom, Forhad Chowdhury, Nazmin Chowdhury, Peter Clark, Lynda Guy, Coleen Houlihan, Claire Parris, Ellie Plater and Carolina Veres 

Against – 0 

Abstentions – 0 

Absent – Councillors Kamal Choudhury, Akin Elekolusi and Anne Wells