Agenda item

To consider the change of use from Indoor Market, Use Class E(a) to Education Facilities for North Herts College, Engineering and Construction Campus, Use Class F1(a), with associated internal alterations and minor alterations to the building façade.

 

The Committee received a presentation from the Planning and Enforcement on an application for change of use of the existing indoor market to educational facilities for North Hertfordshire College (Use Class F1a), together with associated internal and external alterations.

 

It was explained that the proposals included workshops for construction and engineering trades, with ventilation equipment and external louvres. The relocation of the indoor market to Boston House was noted.

 

The Chair invited Jill Borcherds (Cycling UK) to address the Committee. Ms Borcherds raised concerns regarding the loss of secure public cycle parking within the market, insufficient cycle spaces for students, and poor cycle access routes due to prohibitions through the town centre. She argued that the proposals risked encouraging unsafe cycling behaviour.

 

The Chair then invited Mr. Richard Grenfell, representing the applicant North Hertfordshire College, to address the Committee. Mr Grenfell emphasised the urgent need to relocate the College’s construction and engineering curriculum to a viable site, highlighting benefits to local skills provision. He noted that cycle parking was incorporated internally and that the site was highly accessible by public transport.

 

Members commented that proposed cycle provision remained inadequate. Officers confirmed that additional details could be secured by condition requiring further information on cycle storage prior to occupation.

 

A Member also raised queries regarding existing disabled parking bays, and Officers confirmed these would remain unaffected as they fell outside the red line boundary.

 

A motion was moved by Councillor Booth to add an additional condition requiring further details of secure cycle parking provision to be submitted and approved prior to occupation. The motion was seconded by Councillor Ashley-Wren.

 

The Committee then voted on the Officer’s recommendation, subject to the inclusion of this additional condition the final wording of which to be agreed between the Assistant Director (Planning & Regulatory) and the Chair.

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:

          8935_P001; 8935_P002; 8935_P003; 8935_P004; 8935_P005;           8935_P006; 8935_P101; 8935_P201; 8935_P301; 8935_P302;           8935_P401;

         

 

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

 

3.     The use hereby permitted shall be carried on only by North Hertfordshire College. When the premises cease to be occupied by North Hertfordshire College, the use hereby permitted shall cease.

 

4.     At least 3 months prior to the first occupation of the approved development, a detailed Travel Plan for the site shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. The approved Travel Plan shall be implemented in accordance with the timetable and target contained therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority in consultation with the Highway Authority as part of the annual review.

 

5.     Unless otherwise agreed in writing by the Local Planning Authority, no demolition or construction activities audible at the site boundary shall be carried out except between the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays. For the avoidance of doubt, no such work shall be carried out on Sundays or Bank Holidays.

 

6.     Prior to first occupation of the development hereby permitted details of secure cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The secure cycle parking scheme shall be implemented in accordance with the approved details prior to the first occupation of the development. The secure cycle parking shall be maintained and remain in perpetuity during the lifetime of the development 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/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

 

 6       Hertfordshire County Council: Travel Plans

Hertfordshire County Council (HCC) hold a licence with Modeshift STARS, a travel plan accreditation platform (DfT approved). Modeshift STARS offers a platform to build a travel plan and manage it, awarding developments for their efforts to encourage sustainable modes of travel. Prior to occupation, the travel plan coordinator should attend a meeting with an HCC officer for an introduction and set up to the platform. For mor information please contact travelplans@hertfordshire.gov.uk.

 

*Recorded Vote

 

For – Councillors Julie Ashley-Wren, Stephen Booth,Forhad Chowdhury,           Peter Clark, Coleen De Freitas, Claire Parris,    Carolina Veres and           Nigel Williams.

 

Against –      Councillor Kamal Choudhury

 

Abstentions – 0

 

Absent –       Councillors Robert Boyle, Akin Elekolusi, Lynda Guy, Ellie Plater                     and Anne Wells.