To consider the demolition of the existing buildings and structures and re-development to provide new homes (Use Class C3), flexible commercial floorspace (Use Class E), amenity space, landscaping, new cycle parking, and other associated works.
Minutes:
The Interim Head of Planning and Enforcement presented an application for the demolition of an existing retail building in the town centre and its redevelopment into a 21-storey block of flats. The proposal included 225 new homes, 428 square metres of flexible Class E commercial space at ground level, amenity areas, landscaping and associated works. The 0.16-hectare site, located on the Forum, was shown to the Committee.
The shift towards taller buildings was noted as a response to the limited availability of land within the town’s boundaries. The development was designed as a car-free scheme, incorporating 316 cycle parking spaces.
The Committee heard that the facade design aimed to reflect the mid-century architectural style of earlier town centre developments, contributing positively to the townscape.
The Committee reviewed multiple proposed elevations from various angles across the town, along with the external amenity space, which featured at least 30 different plant species. While the building’s roof would not serve as an amenity space, it was designed to enhance biodiversity through self-seeding plants.
At this juncture, the Committee were presented with planning permissions for other town centre sites, reinforcing that the local plan identified the town centre as a suitable location for taller buildings. The proposal aligned with ongoing regeneration efforts, which included recently approved high-rise developments such as the Life Science Quarter, Office Outlet, and SG1, with heights ranging from 6 to 21 storeys. The Committee acknowledged that the scheme supported the town centre’s growth objections.
The Interim Head of Planning and Enforcement highlighted the latest housing delivery test results, showing that Stevenage had delivered only 38% of its required housing, resulting in the most severe penalty under paragraph 11D of the National Planning Policy Framework.
Officers concluded that the scheme’s benefits, including increased footfall and economic activity, outweighed any visual impacts and recommended granting planning permission.
A question was raised regarding concerns about the flood risk assessment and whether the developer was contributing to public realm improvements in the town centre. In response, Officers confirmed that the flood risk assessment was still under review by the lead local flood authority, with final comments expected soon. If concerns could not be resolved, the application would be brought back to the Committee for further consideration. Regarding public realm contributions, officers clarified that the developer was not making any contribution towards funding improvements.
A Member commented on the development, describing it as ‘inappropriate’ and ‘unattractive’ but acknowledged that government policies might require its approval. Party wall considerations were also discussed, with it noted that these would be addressed at the building control stage if planning permission were granted. It was further emphasised as a civil matter under the Party Wall Act 1996, which would require the property owners to appoint surveyors if necessary.
A question was raised regarding the Council’s Housing Delivery Test (HDT) which officers clarified stood at 38%, which was below the 75% minimum requirement. Despite approving several housing schemes, many sites had not progressed. However, if the proposed site was granted permission and delivered, it would contribute significantly to meeting the Borough’s housing targets.
Concerns were raised about the building’s height, safety and access to lifts. The Interim Head of Planning and Enforcement confirmed that the Health and Safety Executive had reviewed the application and was satisfied that the design met all fire safety requirements, including access and escape routes.
In response to a question about contributions to public transport, it was confirmed that the developer would contribute £50 per flat towards a sustainable travel pack, as requested by the Highway Authority. In addition to the £1.2 million contribution towards off-site affordable housing, education, and sustainable travel, the development was also subject to a CIL charge of approximately £700,000. This funding would be available for organisations such as Sport England, the NHS, and others listed in the Infrastructure Delivery Plan to bid for relevant projects.
A member raised concerns regarding the loss of retail space. It was noted that while the retail space would be reduced, it would not be lost entirely. The ground floor would retain flexible commercial use (Class E floor space) to support town centre activity, and efforts were being made to assist retailers in relocating. Officers also advised the Committee that the retail store, Next, had chosen an alternative location due to shifting retail trends favouring larger format stores. Despite this, the new development aimed to retain commercial space to attract footfall.
Members sought clarification on whether rejecting the application would likely lead to an appeal or resubmission, and the associated costs. Officers confirmed that while the committee had the right to refuse the application, any decision must be based on strong planning grounds.
Members commented on the inclusion of green roofs as a positive environmental feature and sought conformation about the energy efficiency of the proposed development. Officers assured the committee that the scheme was designed to be highly sustainable, featuring air source heat pumps and photovoltaic (PV) panels on the roof. The development was described as a fossil fuel free scheme.
The Committee discussed the impact of the proposed development on both existing and unbuilt structures. A daylight and sunlight assessment had been conducted, which included considerations for overshadowing and privacy. Comments were made about potential disruptions to nearby businesses during construction. To mitigate this, the developers were required to submit a demolition management plan and a construction traffic management plan, which would be reviewed by the Highway Authority and Environmental Health. A condition would also be imposed to limit construction hours to business hours.
A recorded vote* was taken on the application and it was RESOLVED that planning permission be GRANTED subject to the applicant having first entered into a Legal Agreement to secure/provide contributions towards:
· £6000 for monitoring of Approved Travel Plan
· £11,250 Residential Travel Pack contribution
· £313,960 Primary and/or Secondary Education
· £924,629 off site Affordable Housing
· Local Employment and Apprenticeships
· Legal Agreement monitoring fee
9.2 The detail of which would be delegated to the Assistant Director of Planning and Regulation in liaison with the Council’s appointed solicitor, along with the recommendations of the Lead Local Flood Authority, as well as the imposition of suitable safeguarding conditions.
9.3 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:
5PA-B1-00-DR-A-021200; 5PA-B1-00-DR-A-022200; 5PA-B1-01-DR-A-021201; 5PA-B1-01-DR-A-022201; 5PA-B1-02-DR-A-022202; 5PA-B1-07-DR-A-022207 REV 01; 5PA-B1-08-DR-A-022208; 5PA-B1-11-DR-A-022211; 5PA-B1-12-DR-A-022212; 5PA-B1-15-DR-A-022215; 5PA-B1-18-DR-A-022218; 5PA-B1-19-DR-A-022219; 5PA-B1-20-DR-A-022220; 5PA-B1-B1-DR-A-021199; 5PA-B1-B1-DR-A-022199; 5PA-B1-M1-DR-A-022290; 5PA-B1-ZZ-DR-A-042201; 5PA-B1-ZZ-DR-A-042202; 5PA-B1-ZZ-DR-A-042203; 5PA-B1-ZZ-DR-A-042204; 5PA-B1-ZZ-DR-A-042205; 5PA-B1-ZZ-DR-A-042206; 5PA-B1-ZZ-DR-A-042207; 5PA-B1-ZZ-DR-A-042208; 5PA-B1-ZZ-DR-A-052201; 5PA-B1-ZZ-DR-A-052202; 5PA-B1-ZZ-DR-A-052202; XX-00-DWG-L-1000 REV P05; XX-00-DWG-L-2000 REV P05; XX-00-DWG-L-3000 REV P05; XX-00-DWG-L-7000 REV P05; XX-01-DWG-L-1000 REV P05; XX-01-DWG-L-2000 REV P05; XX-01-DWG-L-3000 REV P05; XX-01-DWG-L-7000 REV P05; XX-07-DWG-L-1000 REV P05; XX-07-DWG-L-2000 REV P05; XX-07-DWG-L-3000 REV P05; XX-07-DWG-L-7000 REV P05; XX-11-DWG-L-1000 REV P05; XX-11-DWG-L-2000 REV P05; XX-11-DWG-L-3000 REV P05; XX-11-DWG-L-7000 REV P05; XX-18-DWG-L-2000 REV P05; XX-18-DWG-L-3000 REV P05; XX-18-DWG-L-7000 REV P05; XX-20-DWG-L-1000 REV P05; XX-20-DWG-L-2000 REV P05; XX-20-DWG-L-3000 REV P05; XX-20-DWG-L-7000 REV P05; XX-M1-DWG-L-1000 REV P05; XX-M1-DWG-L-2000 REV P05; XX-M1-DWG-L-3000 REV P05; XX-M1-DWG-L-7000 REV P05; XX-ZZ-DWG-L-1000 REV P05; XX-ZZ-DWG-L-5001 REV P01; XX-18-DWG-L-1000 REV P05; XX-ZZ-DWG-L-1000 REV P05; 5PA-B1-ZZ-DR-A-104201; 5PA-B1-ZZ-DR-A-104202; 5PA-B1-ZZ-DR-A-104203; 5PA-B1-ZZ-DR-A-104204; 5PA-B1-ZZ-DR-A-104205; 5PA-B1-ZZ-DR-A-104206; 5PA-B1-ZZ-DR-A-104207; 5PA-B1-ZZ-DR-A-104208; 5PA-B1-ZZ-DR-A-104209; 5PA-MP-ST-DR-A-001100; 5PA-MP-ST-DR-A-001200; 5PA-MP-ST-DR-A-001201; 5PA-MP-ST-DR-A-001205; 5PA-MP-ZZ-DR-A-041201; 5PA-MP-ZZ-DR-A-041203; 5PA-MP-ZZ-DR-A-041204.
2. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
3. The development hereby permitted shall be carried out in accordance with the approved phasing strategy, namely phase 1 demolition of existing building drawing reference 5PA-MP-ST-DR-A-001100 and phase 2 construction of the proposed development drawing reference 5PA-MP-ST-DR-A-001200.
4. No site clearance or construction work audible from the site boundary 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.
5. No demolition and site clearance under phase 1 shall take place until a demolition management plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter, demolition and clearance of the site shall only be carried out in accordance with the approved plan. The demolition management plan shall include details of the following:
a) 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 demolition 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 demolition/site clearance activities;
i) 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;
j) A Site Waste Management Plan including mechanisms to deal with environmental impacts such as air quality and dust control measures, noise and vibration restriction measures, light and odour and predicted and latterly actual waste arisings and how this is to be managed and where it is sent to.
k) Dust control measures during demolition and construction from plant and machinery, and vehicles.
6. No development under phase 2 shall commence until a Construction Traffic Management Plan 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 Traffic Management Plan shall include details of:
i. Phasing of the development of the site, including all highway works;
ii. Construction vehicle numbers, type, routing;
iii. Fencing, hoarding and scaffolding provision;
iv. Traffic and pedestrian management requirements;
v. Construction storage compounds (including areas designated for car parking);
vi. On site welfare facilities;
vii. Siting and details of wheel washing facilities;
viii. Cleaning of site entrances, site tracks and the adjacent public highway;
ix. Timing of construction activities to avoid school pick up/drop off times; and
x. Provision of sufficient on-site parking prior to commencement of construction activities.
7. Prior to the first occupation of the development hereby permitted, the cycle parking, servicing / loading, unloading / turning / waiting area(s) shall be laid out, demarcated, levelled, surfaced and drained in accordance with approved drawing 5PA-B1-00-DR-A-022200 and retained thereafter available for that specific use.
8. Prior to the first occupation of the development hereby permitted, all hard and soft landscaping shall be carried out in accordance with the approved details as shown in drawing numbers XX-ZZ-DWG-L-1000 REV P05, XX-M1-DWG-L-1000 REV P05, XX-07-DWG-L-1000 REV P05, XX-11-DWG-L-1000 REV P05, XX-18-DWG-L-1000 REV P05 and XX-20-DWG-L-1000 REV P05 to a reasonable standard in accordance with the relevant British Standards or other recognised Codes of Good Practice.
9. Prior to the first occupation of the dwellings located above the gymnasium at mezzanine level, details of noise mitigation measures to control noise and vibrational annoyance to the noise sensitive rooms located above the gymnasium shall be submitted to and approved by the Local Planning Authority.
10. The recommended mitigation measures set out within the Noise Impact Assessment by Cahill Design Consultants dated October 2024, shall be implemented and permanently maintained in accordance with the approved details.
11. No part of the development hereby permitted shall be occupied prior to the implementation of the approved Travel Plan, dated October 2024. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.
12. If 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.
14. 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 completion of the development.
15. Any trees or plants comprised within the scheme of landscaping, 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.
16. No tree shown retained on the 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.
17. The measures to address adaptation to climate change as set out within the Energy and Sustainability Design Statement by Consulux dated October 2024 shall be implemented and permanently maintained in accordance with the approved details.
18. No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) and piling layout plan including all Thames Water wastewater assets, the local topography and clearance between the face of the pile to the face of a pipe has been submitted to and approved in writing by the Local Planning Authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement and piling layout plan.
19. The recommended ecological enhancements set out within the Preliminary Ecological Appraisal by Ecology Partnership dated July 2024, including the peregrine falcon nesting box, shall be implemented and permanently maintained in accordance with the approved details.
20. The external lighting as shown on drawing numbers XX-ZZ-DWG-L-1000 REV P05, XX-00-DWG-L-7000 REV P05, XX-M1-DWG-L-7000 REV P05, XX-01-DWG-L-7000 REV P05, XX-07-DWG-L-7000 REV P05, XX-11-DWG-L-7000 REV P05, XX-18-DWG-L-7000 REV P05 and XX-20-DWG-L-7000 REV P05 shall be implemented and permanently maintained in accordance with the approved details.
21. Should the ground floor or mezzanine be occupied by a café or restaurant (Use Class E(b)), a scheme for the extraction and filtration of cooking fumes shall be submitted to and agreed in writing by the Local Planning Authority and implemented in accordance with the approved details. The implemented scheme shall be permanently maintained in good working order thereafter.
22. No development shall take place above slab level until written details are approved by the local planning authority of the model and location of 15 integrated Swift bricks, to be fully installed prior to occupation and retained thereafter.
INFORMATIVES
1. 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.
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. 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).
6. 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.
7. 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.
8. 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:
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.
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.
1. Development below the de minimis threshold, meaning development which:
a) 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
b) 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 adverse effect of he 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.
9.
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.
* Recorded Vote
For – Councillors Julie Ashley-Wren, Stephen Booth, Rob Broom, Kamal Choudhury, Forhad Chowdhury, Nazmin Chowdhury, Lynda Guy, Claire Parris and Carolina Veres
Against – 0
Abstentions – 0
Absent – Peter Clark, Coleen De Freitas, Akin Elekolusi, Ellie Plater and Anne Wells
Supporting documents: