Agenda item

To consider the erection of 1no. detached industrial building with flexible use classes Eg(iii) and B8 uses, and 2no. semi-detached industrial buildings with flexible use classes Eg(iii), B2 and B8 uses with ancillary offices (for a total area of 11,093m2 GIA), and supporting car/cycle parking, landscaping and service yards.

The Committee received a presentation from the Team Leader for the application of the Former Kodak Site along Bessemer Drive. The application was for the erection of industrial building with flexible uses along with office space, car/cycling parking, landscaping and service yards.

 

The officer presented the site plans, access arrangements, landscaping and biodiversity and design and policy considerations.

 

Site plans and existing photos of the area were presented to the Committee, and it was noted that the main road running through the site was subject to a right of way covenant requiring access to the Mercedes dealership. This had therefore influenced the layout of the proposed development.

 

Access from Bessemer Drive was shown and it was noted that the footpath and cycle way would be upgraded as well as improved access for HGV.

 

It was noted that the Section 106 obligations relating to Hertfordshire County Council Highways were yet to be agreed, and that authority was delegated to the Assistant Director to secure these as part of the finalised Section 106 agreement. 

 

The Committee acknowledged that the site was currently allocated for research and development/office use in the adopted Local Plan. However, as part of the Local Plan review, the policy designation for the site had been updated to include light industry and warehousing.

 

It was noted that the required 10% biodiversity net gain would not be provided on-site. However, this would be secured off-site through credits in line with national legislation, with conditions to ensure compliance.

 

An objection had been received from the Lead Local Flood Authority, requesting further information on surface water drainage. Officers confirmed that this matter was being resolved with the applicants and consultants, and that delegated powers would be used to ensure the objection was addressed before any decision was issued.

 

A question was raised regarding site access and officers confirmed rights of access would be retained.

 

Members commented on the acronyms used in the report and it was noted that officers would make sure they were explained in future reports.

 

A question was raised regarding access to the site, and officers confirmed that routes into the site would be redesigned in agreement with Hertfordshire County Council to ensure priority for pedestrians and cyclists. Caxton Way access would be gated for emergency use only and would not be in frequent use.

 

A member noted that the development would greatly improve the appearance of the site and asked about the displacement of vehicles shown. Officers explained that the buses no longer operated there, and confirmed that their displacement was not a planning consideration. A further question on swift and bat boxes was raised, and officers advised that while their installation would be secured by condition, monitoring of occupation was outside the planning process, though local groups often checked provision.

 

A member questioned contaminated land risks and officers advised no issues had been identified, but conditions would require investigation and remediation if any were found to ensure the site remained safe.

 

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 S106 Agreement to secure/provide contributions towards:

 

·         S278 Agreement (covering access works)

·         Strand 2 Highway works (TBC)

·         £6000 Travel Plan evaluation and support fee

·         Local Employment and Apprenticeships

·         Monitoring fee

·         Habitat Monitoring and Management Plan (HMMP) for on-site BNG

 

9.2The 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:

24059-HAL-PL003-O; 418.063138.00001_AT_A01; 24059-HAL-PL001-A; BEA 25-007-01; 418.063138.00001_AT_A02-REV A; BEA 25-007-02; 0527-ESS-00-ZZ-DR-E-2100 P1; BEA 25-007-04 P07; BEA 25-007-05 P02; BEA 25-007-06 P02; 24-029-IANDL-D00 P2; HAL-PL002-A; 24059-HAL-PL005-A; 24059-HAL-PL006-B; HAL-PL010-C; HAL-PL011-B; HAL-PL012-C; HAL-PL013; HAL-PL020-C; HAL-PL021-B; HAL-PL022-D; HAL-PL023-A; BEA 25-007-03 P02.

 

 

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

           

 

3.No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority, including elements of the CLOCS standards as set out in the Highway Authority’s Construction Management template. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan: The Construction Management Plan shall include details of:

·         Construction vehicle numbers, type and routing.

·         Access arrangements to the site.

·         Traffic management requirements.

·         Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas).

·         Siting and details of wheel washing facilities.

·         Cleaning of site entrances, site tracks and the adjacent public highway.

·         Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times.

·         Provision of sufficient on-site parking prior to commencement of construction activities.

·         Post construction restoration/reinstatement of the working areas and temporary access to the public highway.

·         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 which must be kept within the site boundary, pedestrian routes and remaining road width for vehicle movements.

·         Phasing plan.

·         Hours of working (including deliveries and waste removal).

·         All plant necessary for construction and demolition.

·         Noise and vibration mitigation measures with particular attention paid to piling, power floating, and vacuum excavation activities where these activities are to be undertaken.

·         Dust and smoke mitigation measures.

·         Site lighting and off-site mitigation measures.

 

 

4. Prior to the first occupation / use of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing number (418-063138-00001-PD02 Rev A) in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

 

 

5. Prior to the first use of the development hereby permitted, arrangement shall be made for surface water from the proposed development to be intercepted and disposed of separately so that it does not discharge onto the highway carriageway.

6. Prior to the first occupation / use of the development hereby permitted a visibility splays measuring 31metres shall be provided to each side of the access where it meets the Cycle Track on Bessemer Drive and such splays shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

 

7. Prior to first occupation / use details of the secure and covered cycle parking storage shall be submitted to and approved in writing by the local planning authority.  The cycle parking shall thereafter be constructed and laid out in accordance with the agreed details and completed prior to occupation of the development hereby approved and shall thereafter be retained, maintained, and kept available for the occupants of the development at all times.

 

 

8. Prior to the first occupation / use of the development hereby permitted the car parking layout including servicing bays shall be installed in accordance with the approved detailed technical plans and thereafter retained and maintained at all times at the position shown.

 

9. Prior to the commencement of the development to which this permission relates (excluding site clearance and demolition), the results of a phase 2 site investigation and full written details of any necessary remediation works or controls shall be submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved details.

 

 

10. In the event that any previously unidentified ground contamination is discovered on the site, no further construction work may be carried out in the affected area until full written details of any necessary remediation works or controls has been submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved remediation strategy.

                      

 

11. Where any development to which this permission relates is required to be carried out in accordance with a remediation scheme approved by the local planning authority, a verification report (setting out the remedial measures actually undertaken on the site) shall be submitted to and approved in writing by the local planning authority prior to the beneficial occupation of the development.

           

 

12. The development hereby permitted shall not come into operational use until a verification report containing evidence of compliance with the maximum off-site artificial lighting levels and temporal controls as set out in External Lighting Report by Engineering Services Consultancy Limited (reference 0527/ESS/00/ZZ/RP/Z/0016, dated 27/2/2025) has been submitted to and approved in writing by the local planning authority. The luminaires and associated lighting equipment authorised shall thereafter be retained, operated, and maintained in accordance with the above report and manufacturers’ specifications.

 

 

13. The development hereby permitted shall not come into operational use until a verification report containing evidence that noise levels do not exceed those set out in Table 3, Table 4, Table 5, Table 6, and Table 7 of the Noise Impact Assessment report by Hoare Lea Acoustics LLP (10-16004, Rev. 01, dated 30/04/2025) has been submitted to and approved in writing by the local planning authority. All external plant shall thereafter be retained, operated, and maintained in accordance with manufacturers’ specifications.

 

14. The development to which this permission relates shall be carried out in accordance with the external materials specified on drawing numbers HAL-PL012-C and HAL-PL022-D submitted as approved or any alternative to be submitted to and approved by the Local Planning Authority.

           

 

15. All soft landscaping shall be carried out in accordance with the approved details as shown in drawing number BEA 25-007-04 P07 to a reasonable standard in accordance with the relevant British Standards or other recognised Codes of Good Practice.

           

 

16. 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.

           

 

17. 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.

 

 

18. 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.

                      

 

19. The measures to address adaptation to climate change as set out within the Energy and Sustainability Strategy and BREEAM Pre-Assessment by Engineering Services Consultancy Ltd shall be implemented and permanently maintained in accordance with the approved details.

           

 

20. Prior to the first occupation / use of the approved development a Species Enhancement Plan/Report shall be submitted to and approved in writing by the local planning authority. The Plan/Report from an appropriately qualified ecologist shall confirm that all the proposed species enhancement features as identified and approved in the Ecological Appraisal and Ecological Enhancement Strategy produced by FPCR Environment and Design (specifications and locations), have been installed, together with photographic evidence, shall be submitted to and approved in writing by the local planning authority. The species enhancement features once completed shall be permanently maintained in accordance with the approved details.  

 

 

21. At least 3 months prior to the first occupation / use 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 in 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.

 

 

INFORMATIVES

 

1.    Extent of Highway: Information on obtaining the extent of public highway around the site can be obtained from the HCC website:

www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/extent-of-highways.aspx

 

2.    Storage of materials: The applicant is advised that the storage 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/highwaysdevelopment-management.aspx

 

3.    Obstruction of highway: 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 County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

 

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.    Avoidance of surface water discharge onto the highway: The applicant is advised that the Highway Authority has powers under section 163 of the Highways Act 1980, to take appropriate steps where deemed necessary (serving notice to the occupier of premises adjoining a highway) to prevent water from the roof or other part of the premises falling upon persons using the highway, or to prevent so far as is reasonably practicable, surface water from the premises flowing on to, or over the footway of the highway.

 

6.    Works within the highway (section 278): The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-i nformation/development-management/highways-development-management.aspx or by telephoning 0300 1234047.

 

7.    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-i nformation/development-management/highways-development-management.aspx

 

8.    Abnormal loads and importation of construction equipment (i.e. large loads with: a width greater than 2.9m; rigid length of more than 18.65m or weight of 44,000kg - commonly applicable to cranes, piling machines etc.): The applicant is directed to ensure that operators conform to the provisions of The Road Vehicles (Authorisation of Special Types) (General) Order 2003 in ensuring that the Highway Authority is provided with notice of such movements, and that appropriate indemnity is offered to the Highway Authority. Further information is available via the Government website www.gov.uk/government/publications/abnormal-load-movements-application-and-notification-forms or by telephoning 0300 1234047.

 

9.    Travel Plan (TP): A TP, in accordance with the provisions as laid out in Hertfordshire County Council’s Travel Plan Guidance, would be required to be in place from the first occupation/use until 5 years post occupation/use. A £1,200 per annum (overall sum of £6000 and index-linked RPI March 2014) Evaluation and Support Fee would need to be secured via a Section 106 agreement towards supporting the implementation, processing and monitoring of the full travel plan including any engagement that may be needed. Further information is available via the County Council’s website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-anagement/highways-development-management.aspx OR by emailing travelplans@hertfordshire.gov.uk

 

10.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.

 

11.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.

 

12.The proposed development is located within 15 metres of Thames Waters underground assets and as such, the development could cause the assets to fail if appropriate measures are not taken. Please read our guide ‘working near our assets’ to ensure your workings are in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures. https://www.thameswater.co.uk/developers/larger-scale-developments/planning-your-development/working-near-our-pipes. Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk Phone: 0800 009 3921 (Monday to Friday, 8am to 5pm) Write to: Thames Water Developer Services, Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB

 

13.The applicant is advised of the Council’s powers under Part III of the Environmental Protection Act 1990 to probit nuisances arising from noise, artificial light, and a range of other pollutants that may arise from commercial premises.

 

14.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).

 

15.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. 

 

Based on the information available, this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.

 

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 (Phase Plans).

 

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.  

 

16.If European Protected Species (EPS), including bats and great crested newts, or evidence of them, are discovered during the course of works, work must stop immediately, and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England to avoid an offence being committed.

 

To avoid the killing or injuring of wildlife during development, best practice should keep any areas of grass as short as possible and any longer, ruderal vegetation should be cleared by hand. To avoid creating refugia that may be utilised by wildlife, materials should be carefully stored on-site on raised pallets and away from the boundary habitats. Any trenches on site should be covered at night or have ramps to ensure that any animals that enter can safely escape, and this is particularly important if excavations fill with water. Any open pipework with an outside diameter greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped.

 

In order to protect breeding birds, their nests, eggs and young, demolition or vegetation clearance should only be carried out during the period October to February inclusive. If this is not possible then a pre-development (i.e. no greater than 48 hours before clearance begins) search of the area should be made by a suitably experienced ecologist. If active nests are found, then works must be delayed until the birds have left the nest or professional ecological advice taken on how best to proceed.

 

 

*Recorded Vote

 

For – Councillors Julie Ashley-Wren, Stephen Booth, Robert Boyle, Kamal Choudhury, Forhad Chowdhury, Peter Clark, Coleen De Freitas, Akin Elekolusi, Lynda Guy, Claire Parris, Carolina Veres.

Against – 0 

Abstentions – 0 

Absent –Ellie Plater, Anne Wells and Nigel Williams