Agenda item

To consider the Section 73 amendment application to planning permission ref. 20/00643/RMM relating to changes to building heights and internal configuration of phase 2 of the approved development.

The Team Leader presented the amended application to the Committee. The changes to the application related to the building heights and the internal layout of Phase 2. Phase 1 had already been completed, providing 143 affordable rental units, while Phase 2 would deliver the remaining 383 flats, with no change to the overall total number of properties.

 

The amendments were proposed to improve the schemes’ visibility through a build to rent scheme along with the Building Safety Act 2022. As part of this, Blocks B and E had been unified in height to six storeys, which brought them below the Higher Risk Building threshold. This would also create a uniform courtyard layout. Block F had also been increased to ten stories. Block A would remain 20 stories as previously approved. All other elements of the scheme remained unchanged.

 

It was reported that the amended scheme included a reduction in car parking spaces compared to the previously approved plans. However, this remained compliant with the updated town centre parking policy, reflecting the site’s sustainable location close to public transport and cycle links.

 

Ample cycle parking would be provided, and residents would be encouraged to use sustainable travel options such as cycling, buses, and trains. This was in line with the approved Travel Plan, consistent with the Council’s approach to promoting reduced car dependency in town centre developments.

 

The cycle route would be rerouted around Blocks A and F along Lytton Way as previously approved, forming a shared pedestrian and cycle path. The design and materials of the proposed buildings were consistent with the original scheme and Phase 1, featuring similar brickwork and balconies.

 

A question was raised regarding the loss of car parking spaces, noting that the existing car park was already heavily used, and questioned whether there were plans to replace or expand parking provision elsewhere. Comments were raised that the development appeared unsuitable for families and was likely to attract commuters rather than residents.

 

In response, Officers advised that the loss of the original car park had been established through the original planning permission granted in 2017 and confirmed again through the Reserved Matters approval. The overall parking strategy for the Town Centre had already taken this into account, and the demand for spaces continued to be monitored. Officers were satisfied that the loss of parking could be accommodated with existing Town Centre car parks. It was noted that the current application related only to amendments to building heights, and did not revisit the principle of parking provision.

 

Members stated that the application did not sufficiently consider future transport developments, such as the growth of electric vehicles. Officers clarified that the current application sought only minor amendments to an already approved scheme, largely related to building height changes and internal reconfiguration to accommodate a build to rent model. These changes had resulted in a reduction in car parking spaces from 37 to 15, with no change to disabled parking and an increase in cycle parking.

 

It was confirmed that the application complied with both local and national planning policies, which supported reduced parking levels in sustainable Town Centre locations to encourage more environmentally friendly travel habits.

 

At this juncture, the Chair reminded the Committee that the application had already been approved in principle and that the Committee was asked to consider the amendments to the approved scheme.

 

Members stated that the revised building heights created a ‘uniform’ and ‘aesthetically pleasing’ design and noted that the adjustment of floor levels would allow part of the site to be built quicker, therefore allowing housing demand to be met.

 

It was acknowledged that, as a build to rent scheme, prospective tenants would be informed that no parking spaces were available, in line with similar developments in the Town Centre. Members also welcomed the inclusion of 13 three bedroom units within the revised housing mix, which recognised the need for larger properties.

 

A question was raised regarding if any of the Phase 2 properties would be Social Housing. Officers explained that Phase 1 was entirely social housing, which exceeded the policy requirements at the time. Phase 2 therefore would consist of market build to rent units, with no requirements for social housing.

 

It was noted that the developer had made financial contributions towards education, childcare, library facilities, outdoor open space, and children’s play areas. This included funding public realm improvements, such as shared pedestrian and cycle paths and new parking bays.

 

The developer had also entered into an agreement with a car club to provide shared vehicle access for residents. However, it was confirmed that no contributions had been secured specifically for public transport improvements such as bus services.

 

Members questioned whether the level of cycle storage proposed would be adequate to support and encourage active travel. In response, the Team Leader confirmed that the number and design of the cycle spaces were in accordance with the Council’s Supplementary Planning Document (SPD) on parking provision. The Officer advised arrangements were sufficient to meet anticipated demand based on likely levels of cycle ownership among future residents.

 

A recorded vote* was taken on the application and it was RESOLVED that planning permission be GRANTED subject to the following conditions:

 

1.                   The development hereby permitted shall be carried out in accordance with the following approved plans:

            A(91)E0-002; A(91)E0-003; A(91)E0-004; A(GA)E0-100; A(GA)E0-101; A(GA)E0-102; A(GA)E0-103; A(GA)E0-104; A(GA)E0-105; A(GA)E0-106; A(GA)E0-107; A(GA)E0-108; A(GA)E0-109; A(GA)E0-110; A(GA)E0-111; A(GA)E0-112; A(GA)E0-113; A(GA)E0-114; A(GA)E0-115; A(GA)E0-116; A(GA)E0-117; A(GA)E0-118; A(GA)E0-119; A(GA)E0-120; A(GA)E0-121; A(DET)E0-500; A(DET)E0-501; A(DET)E0-502; A(DET)E0-503; A(DET)E0-504; A(DET)E0-505; A(DET)E0-506; A(DET)E0-507; A(DET)E0-508; A(DET)E0-509; A(DET)E0-510; A(DET)E0-511; A(DET)E0-512; A(DET)E0-513; A(GA)E0-301; A(GA)E0-302; A(GA)E0-306; A(GA)E0-307; A(GA)E0-305; A(GA)E0-310; A(GA)E0-304; A(GA)E0-311; A(GA)E0-303; A(GA)E0-309; A(GA)E0-308; A(GA)E0-201; A(GA)E0-202 Section; A(GA)E0-203; A(GA)E0-400; A(GA)E0-402; A(GA)E0-401; A(GA)E0-403; A(DET)E0-600 and the following plans contained within the Transport Statement Rev B dated 20 October 2020: 20164-MA-XX-XX-DR-C-0010-P03; 20164-MA-XX-XX-DR-C-0014-P02; 20164-MA-XX-XX-DR-C-0015 -P01; 20164-MA-XX-XX-DR-C-0016-P01; 20164-MA-XX-XX-DR-C-0017-P01

 

 

2.         Before any above-groundwork is commenced on any phase or sub-phase of the development hereby permitted, samples of all external finishing materials shall be submitted to and approved in writing by the Local Planning Authority. This shall include:

i) Facing and roof materials

ii) Balcony treatment

iii) Window material details

iv) The boundary treatment

v) External rainwater goods where permitted

The development shall be carried out in accordance with the approved details and shall thereafter be retained.

 

 

3.         Before any above-groundwork is commenced on any phase or sub-phase of the development hereby permitted, details of the following matters in respect of the outline permission and relating to each phase of development shall be submitted and approved in writing by the Local Planning Authority:

a) surfacing materials and b) green/brown roofs.

The development shall be carried out in accordance with the approved details.

 

 

4.                   Prior to occupation of each phase or sub-phase of development within the application site, details of any associated communal telecommunications infrastructure and plant shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the details approved and maintained as such thereafter.

 

 

5.         Prior to occupation of each phase or sub-phase of development hereby permitted a detailed lighting scheme shall be undertaken and submitted to the Local Planning Authority for approval with details of all external lighting, including lighting required for pedestrian walkways, parking areas and security lighting and there shall be no external illumination erected, installed or operated on any part of the site other than in accordance with the approved details unless otherwise agreed in writing.

The following limits shall not be exceeded by the exterior light installations:

·         Sky Glow ULR (Max%) 5.0

·         Maximum light into windows Ev (lux) 07.00 to 23.00hrs 10 Lux; 23.00 to 07.00hrs 2 Lux

·         Source intensity l 07.00 to 23.00hrs 10 kcd; 23.00hrs to 07.00hrs 1 kcd

Building luminance 07.00 to 23.00hrs Average L 10 (cd/m sq)

The approved scheme for each phase shall be implemented before any occupation of that

phase of the development hereby permitted.

 

 

6.         Prior to occupation of each phase or sub-phase of development within the application site the measures detailed in the Ecological Impact Assessment (Non-EIA) prepared by Ecology by Design dated October 2020 shall be fully implemented.

 

 

7.         Prior to above ground works for each phase or sub-phase of development, a strategy for the siting and maintenance of permanent nesting and roosting boxes within the façade and roof ledges of built structure and/or trees shall be submitted to and approved in writing by the Local Planning Authority. Nesting and roosting boxes shall be provided in accordance with the approved strategy prior to occupation of the relevant building.

 

 

8.         Prior to the first occupation of each phase or sub-phase of the development hereby approved, a landscaping scheme including details of both hard and soft landscaping, street furniture and children's play for that relevant phase(s) shall be submitted to and approved in writing by the local planning authority. The scheme shall also include a schedule of all trees (including tree pit design), shrub, plants and other vegetation planting which shall form part of any landscaping scheme. The scheme as approved shall be implemented within the first available planting season following the completion of each relevant phase(s) of development. Any trees, shrubs or plants that die within a period of five years from the completion of each relevant phase(s) of development, or are removed and/or become seriously damaged or diseased in that period, shall be replaced (and if necessary continue to be replaced) in the first available planting season with others of similar size and species, unless the Local Planning Authority gives written permission for any variation.

 

 

9.         Prior to occupation of each phase or sub-phase of the development hereby permitted, the measures detailed in the submitted Energy and Sustainability Statement to manage adaptability to climate change along with measures to manage overheating and cooling shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

 

 

10.       Prior to the first occupation of any part of Phase 2 of the development hereby permitted, the vehicular access(es) and egresses shall be provided and thereafter retained at the position(s) shown on the approved plan(s) drawing numbers 20164-MA-XX-XX-DR-C-0016 Rev P01 and 20164-MA-XX-XX-DR-C-0017 Rev P01. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

 

 

11.       Prior to the first occupation of any part of Phase 2 of the development hereby permitted, visibility splay(s) measuring 2.4 x 43 metres shall be provided to each side of the access(es) where it meets the highway and such splays shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

 

 

12.       Prior to the first occupation of any part of Phase 2 of the development hereby permitted, the proposed access, onsite car and cycle parking, servicing / loading, unloading / turning /waiting area(s) pursuant to that phase shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan(s), and retained thereafter available for that specific use.

 

 

13.       Prior to the first occupation of Phase 2 of the development hereby permitted, vehicular and pedestrian (and cyclist) access to and egress from the adjoining highway shall be limited to the access(es) within Phase 2 as shown on 'Construction Phasing Plan' on drawing number A(91)E0-004 only. Any other access(es) or egresses within Phase 2 as shown on 'Site Phasing with Existing' on drawing number MLUK-799-A-SK-080 R04 shall be permanently closed, and the footway / highway verge shall be reinstated in accordance with the related S278 and S38 highways & Street Development Agreements with the Local Planning Authority and/or Highway Authority, concurrently with the bringing into use of the new access(es).

 

 

14.       Prior to the occupation of any part of Phase 2 of the development hereby permitted, the details of the siting, type and specification of EVCPs, the energy sources and the strategy/management plan for supply and maintenance of the EVCPs shall be submitted to and approved in writing by the Local Planning Authority. All EVCPs shall be installed in accordance with the approved details prior to occupation of any of the units in Phase 2 and permanently maintained and retained thereafter.

 

 

15.       Prior to the first occupation of each phase or sub-phase of the development hereby permitted, a scheme for the parking of cycles including details of the design, level and siting of the proposed parking shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose.

 

 

16.       No part of Phase 2 shall be occupied until a detailed scheme for the offsite highway improvement works to facilitate a pedestrian crossing from the site frontage on Danesgate into the new bus interchange as indicated on drawing number 20164-MA-XX-XX-DR-C-0017 Rev P01 have been submitted to and approved in writing by the Local Planning Authority. No development in Phase 2 shall be occupied until the detailed scheme has been implemented.

 

 

17.       The proposed new highway boundary(ies) or areas of public highway/realm under control of Stevenage Borough Council shall be marked out on site prior to commencement of construction of any part of the development fronting the highway.

 

 

18.       The proposed new highway boundary(ies) to facilitate a new public footway and cycleway on land fronting Lytton Way/Danesgate as illustrated on drawing number 20164-MA-XXXX-DR-C-0014 Rev P02 HIGHWAYS AMENDMENTS PROPOSED WORKS AND ORDERS DRAFT shall be marked out on site prior to commencement of construction of Phase 2. No part of Phase 2 of the development shall be occupied until the details have been approved in writing and an Agreement made under Section 38 of the Highways Act 1980 is in place and approval under a Street Development Agreement with the Council.

 

The new footway and cycleway on land fronting Lytton Way/Danesgate shall be implemented prior to any occupation of Phase 2 of the development hereby permitted.

 

 

19.       Prior to the first occupation of each phase or sub-phase of the development hereby permitted any access gate(s), bollard, chain or other means of obstruction shall be hung to open inwards (permit fire tender access), set back, and thereafter retained a minimum distance of 6 metres from the edge of the highway.

 

 

20.       The development permitted by this planning permission shall be carried out in accordance with the approved surface water drainage assessment carried out by Conisbee reference MTL-CON-xx-xx-RP-C-000001 Version 3 dated 26 October 2020, the Designers Response to LLFA SuDS Review reference 200523/A Prais Version 1 dated 15 January 2021 and the following mitigation measures detailed within the FRA:

1. Limiting the surface water run-off generated by the critical storm events so that it will not exceed the surface water run-off rate of 17.5 l/s during the 1 in 100 year event plus 30% of climate change event.

2. Providing storage to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event providing a minimum of 255 m³ (or such storage volume agreed with the LLFA) of total storage volume in detention basins, rain gardens and attenuation tanks.

3. Discharge of surface water from the private drain into the Thames Water sewer network.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

 

21. No development on any part of phase 2 (other than demolition and/or site enabling works) shall take place until a detailed surface water drainage scheme for the site based on the approved drainage strategy and sustainable drainage principles shall be submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including 1 in 100 year + climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

1. Final, fully detailed drainage layout including detailed engineered drawings of the proposed SuDS features with cross section drawings, their size, volume, depth and any inlet and outlet features including all connecting pipe runs.

2. Final, detailed post-development network calculations including half drain down times up to and including the 1 in 100 year + 30% climate change event. Please note that the main site network to be modelled separately to the Highways network.

3. Evidence that any consequential flood risk to the highway up to the 1 in 100 year + climate change event can be managed without increasing flood risk to adjacent properties. If there is to be flooding, it should be managed effectively with third party agreement.

 

Upon completion of the drainage works for Phase 2 and in accordance with the timing/phasing arrangement, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

 

1. Provision of a complete set of as built drawings for site drainage.

2. Maintenance and operational activities.

3. Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

 

22.Prior to the first occupation of each phase or sub-phase of the development hereby permitted, a Delivery and Servicing Plan shall be submitted and approved in writing by the Local Planning Authority, in consultation with the Highway Authority.

 

 

23.       Prior to the first occupation of each phase or sub-phase of the development hereby permitted, details of the proposed noise mitigation measures to be implemented within that phase shall be submitted for approval to the Local Planning Authority. The noise mitigation measures shall be based upon "Stage 3+ Environmental & Intrusive Noise Assessment Report" reference L486460-SOL-XX-XX-RPT-Y-0001 P02 dated 3 November 2023 by Sol Acoustics, or any other such report that is approved in writing by the Local Planning Authority. Following approval, the measures shall be

maintained thereafter.

 

 

24.       At the nearest noise sensitive premises, the cumulative noise levels from the operation of all new plant shall comply with the plant noise limits specified in Table 5 of "Former Matalan Site, Stevenage - Plant Noise Emission Limit Variation" Report reference L486460-SOL-XX-XX-RPT-Y-0008 P01 dated 27 March 2024 by Sol Acoustics Ltd.

 

 

25.       Before the use of the buildings for Sui Generis (former Use Class A4 or A5) purposes is commenced, a scheme of sound attenuation works shall be submitted to the Local Planning Authority for written approval, installed and thereafter retained. The scheme of works shall be capable of restricting noise breakout from the Sui Generis (former Use Class A4 or A5) uses to the flat above to levels complying with the following:

 

Bedrooms. Noise Rating Curve NR20 (2300 to 0700 hrs)

Living Rooms. Noise Rating Curve NR25 (0700 to 2300 hrs)

Noise Rating Curve shall be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 Hz to 8 kHz.

 

 

26.       Deliveries and servicing by commercial vehicles shall only be made to or from the commercial premises between 0700 to 1800 hrs on any day, and at no other time without the prior agreement in writing of the Local Planning Authority.

 

 

27.       The Sui Generis (formerly A4 and A5) uses hereby permitted shall only operate Monday to Saturday 10.00hrs to 23.00hrs and 10.00hrs to 22.00hrs on Sundays and Bank Holidays.

 

28.       Prior to occupation of any Sui Generis uses (former A4 or A5 class), details of the kitchen extract ventilation scheme to be used by those uses shall be submitted to the Local Planning Authority for approval. The extract ventilation system shall incorporate a three-stage carbon filtration or similar system based on current standards. Following approval and installation, the system shall thereafter be permanently maintained and retained in use.

 

 

29.       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 first occupation of each phase of development or the completion of the development whichever is the sooner.

 

 

30.       All hard surfacing comprised in the approved details of landscaping shall be carried out within 3 months of the first occupation of each phase of the development or the completion of the development, whichever is the sooner.

 

 

31.       Notwithstanding the requirements of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking, re-enacting or modifying that order) the non-residential units hereby permitted shall be used only for ancillary resident amenity, Use Classes E and/or Sui Generis (formerly A4 & A5) of the schedule to the Town and Country Planning (Use Classes) Order 1987 and for no other purposes (including the creation of dwellings within Use Class C3 – Residential), unless agreed in writing or approved by way of separate planning permission.

 

 

32.       No dwelling hereby permitted in any part of phase 2 shall be occupied until the parking spaces shown on the approved plans have been constructed, hard surfaced and made ready for use.  The parking facilities shall be retained in that form and thereafter be used only for the parking of vehicles. In addition, the applicant shall use best endeavours to encourage the use of a Car Club by future residents.

 

INFORMATIVES

 

HCC as Highway Authority recommends inclusion of the following Advisory Notes (AN) to ensure that any works within the highway are carried out in accordance with the provisions

of the Highway Act 1980:

 

1.    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-anddeveloper-information/development-management/highways-developmentmanagement.

Aspx.

 

2.    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: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-anddeveloperinformation/developmentmanagement/highwaysdevelopmentmanagement.aspx.

 

3.      Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and 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 are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website:

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-anddeveloper-information/development-management/highways-developmentmanagement.

aspx.

4.    Construction standards for works within the highway: 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 website:

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-anddeveloper-information/development-management/highways-developmentmanagement.

Aspx.

 

5.    Estate Road Adoption: The applicant is advised that if it is the intention to request that Hertfordshire County Council as Highway Authority adopt any of the highways included as part of this application as maintainable at the public expense then details of the specification, layout and alignment, width and levels of the said highways, together with all the necessary highway and drainage arrangements, including run off calculations must be submitted to the Highway Authority. No development shall commence until the details have been approved in writing and an Agreement made under Section 38 of the Highways Act 1980 is in place. The applicant is further advised that the County Council will only consider roads for adoption where a wider public benefit can be demonstrated. The extent of adoption as public highway must be clearly illustrated on a plan. Further information is available via the website:

https://www.hertfordshire.gov.uk/services/highways-roadsand-pavements/business-anddeveloper-information/development-management/highwaysdevelopmentmanagement.

aspx.

 

6.    Flooding

For further advice on what we expect to be contained within the FRA to support a planning application, please refer to our Developers Guide and Checklist on our surface water drainage webpage:

https://www.hertfordshire.gov.uk/services/recycling-waste-and-environment/water/surfacewater-

drainage/surface-water-drainage.aspx

 

7.         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., 4th Floor, Campus West, Welwyn Garden City, Hertfordshire, AL8 6BX. 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).

 

8. 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 Act 1996, a copy of which is available online at https://www.gov.uk/government/publications/the-party-wall-etc-act-1996-revisedexplanatory-booklet. 

 

9. Applications where Biodiversity Net Gain is not required as s.73 application (Excluding Section 73A - planning permission for development already carried out) - Made / Approved before 12 February 2024

 

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 always 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.         The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and:

a)         the original planning permission to which the section 73 planning permission relates was granted before 12 February 2024; or

b)         the application for the original planning permission to which the section 73 planning permission relates was made before 12 February 2024.

 

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, Forhad Chowdhury, Peter Clark, Coleen De Freitas, Akin Elekolusi, Lynda Guy, Claire Parris, Ellie Plater, Carolina Veres and Nigel Williams

Against - Stephen Booth

Abstentions – 0

Absent – Councillors Robert Boyle and Kamal Choudhury