Agenda item

To consider the provision of a single storey modular building to create 3 additional classrooms and an office, with hard landscaping to and around the building; Site C.

 

The Committee considered the application for Barnwell School (Site C) that proposed the same single-story design in a different location on the southern side of the site. Sport England raised no objections, and the proposal did not impact any existing trees.

 

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:

            BMS-MB 05; BMS-MB 06;

           

 

 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 proposed development hereby permitted shall  as per the submitted plans and associated documents to the satisfaction of the Local Planning Authority.

           

 

 4         If the implementation of this planning permission would result in the Published Admissions Number (PAN) exceeding 270 students then a further planning application shall be submitted to the Local Planning Authority to assess any potential impacts.

           

 

 5         No demolition or construction work, including site clearance and demolition, that is audible at the site boundary, relating to this permission shall be carried out on any Sunday, Public or Bank Holiday nor at any other time, except between the hours of 07:30 and 18:00 on Mondays to Fridays and between the hours of 08:00 and 13:00 on Saturdays.  These restrictions also apply to deliveries arriving at, and leaving, the site.

           

 

 6         Any installation of air-conditioning units, air-handling units or any plant and machinery, shall be subject to the following:

            For areas above WHO Guideline levels, where the existing external ambient noise level exceeds WHO Guideline levels of either LAeq, 16hrs 55dB daytime (07.00-23.00 hrs) or LAeq, 8hrs 45dB night-time (23.00-07.00hrs).

           

            (1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved in writing by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation.

            The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

           

            (2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved in writing by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum.

           

 

 7         No additional external lighting shall be installed on site unless details of such lighting, including the intensity of illumination and predicted light contours, have first been submitted to, and approved in writing the Local Planning Authority prior to operation. Any external lighting shall accord with the details so approved.

           

 

 8         The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Net Gain Assessment dated 17 September 2024 and prepared by ELMAW Consulting.

           

 

 9         The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including:

            (a) a non-technical summary;

            (b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;

            (c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

            (d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

            (e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority

           

            has been submitted to, and approved in writing by, the local planning authority. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.

           

 

10        Notice in writing shall be given to the Council when the:

            (a)  HMMP has been implemented; and

            (b)  Habitat creation and enhancement works as set out in the HMMP have been completed.

           

 

 

 

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         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:

            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 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, Kamal Choudhury, Forhad Chowdhury, Nazmin Chowdhury, Lynda Guy, Claire Parris and Carolina Veres 

Against – 0 

Abstentions – 0 

Absent – Councillors Peter Clark, Coleen De Freitas, Akin Elekolusi, Ellie Plater and Anne Wells