Agenda item

To consider the installation of public art outside main entrance to Bus Interchange.

The Committee received a presentation from the Planning and Development Team Leader on the proposed installation of public artwork outside Stevenage Interchange Bus Station. The location of the sculpture’s footprint was shown. It was noted that the sculpture would be 2.5 metres high and consist of three stacked stones made from a metal armature and polystyrene carved rocks, coated with glass reinforced cement and decorated with hand-cut mosaic designs.

The Chair welcomed Jill Borcherds from Cycling UK to address the Committee. It was noted that the concerns raised were related to the location of the artwork, not the design or content.

The Committee was informed that the artwork would be positioned at the Junction where the North Road Cycleway meets the East-West route to the station. Cyclists would approach from three different directions, while pedestrians would arrive from four. 

It was proposed that the decision be deferred until further analysis of pedestrian and cyclist flow around the area had been undertaken. 

The Chair thanked Jill for her contributions and welcomed the Planning and Development Team leader to respond.

It was explained to the Committee that the Highway authority and Stevenage Borough’s Engineering department had been contacted for any objections to the application due to pedestrian and cyclist flows. Reference was made to the Local Transport Note (LTN120), which stated that the width of the sculpture and the rear edge of the footpath would be 4.6 metres and 6.2 metres from the landscaped area to the north, exceeding the 4-metre minimum requirement and therefore complying with guidance.

Members acknowledged that public sculptures across the town were well received. A question was raised about relocating the sculpture, however officers explained that the planning authority must assess the sculpture in its submitted location and had no authority in changing the location.

The Committee queried whether other street furniture had been considered in the application. The Planning and Development Team Leader confirmed that it had. 

In response to concerns about spectators of the artwork narrowing the pathway to below 4 metres, the Planning and Development Team Leader noted it was a shared space and would be the responsibility of the users of the area to manage it safety.

Members sought clarification on why the proposal referred to the area as a pedestrianised highway rather than acknowledging it as a shared space with cyclists and felt this should have been explicitly stated for transparency. The Planning and Development Team Leader noted the comments and agreed that it was not mentioned in the report but explained that relevant departments would have been aware of the shared use and would have taken it into account in their assessments.

Members stated that users should exercise caution in shared spaces and, while acknowledging concerns, expressed that public art should be placed in visible, frequented locations rather than hidden from view.

A question was raised whether impact assessments had been conducted regarding potential congestion at the proposed location, and whether a decision should be delayed until this was assessed. It was noted that the decision rested on whether members believed the proposal posed an unacceptable safety risk. No objections had been received regarding the proposed location.

The Assistant Director of Planning thanked members for their contributions and noted that similar installations had been approved across the country, with examples of mixed users navigating spaces. It was reiterated that members decision should focus on whether the proposal presented an unacceptable safety risk.

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:

            Site Location Plan; HDM-311224_01 P5; STV-CON-Z0-ZZ-DR-985001 C7; STV-CON-Z1-ZZ-DR-D-985100 C4.

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

INFORMATIVES

1          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 - 43 - 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).

2          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, Robert Boyle, Kamal Choudhury, Forhad Chowdhury, Coleen De Freitas, Claire Parris, Ellie Plater, Carolina Veres and Nigel Williams

Against – Councillors Stephen Booth, Peter Clark and Lynda Guy

Abstentions – 0

Absent – Councillors Akin Elekolusi and Anne Wells