Agenda item

To consider the construction of 3G non-infill floodlit play zone, including hard standing area and sports fencing.

 

To consider the display of 13no. non illuminated vinyl banners to play zone.

The Committee received a presentation from the Senior Planning Officer regarding a planning application for the construction of a 3G non-infill floodlight play zone and the display of 13 non-illuminated vinyl banners.

 

The Officer clarified that the presentation covered two applications and that a separate vote would need to be taken with respect to the planning application and the advertisement consent.

 

Site design plans were presented to the Committee, including proposed traffic management during construction, cycle stands, and impact of light spillage from the floodlights.

 

It was clarified that no new parking would be provided as an existing car park was already in place next to the proposed development site. It was noted that any harm to the adjacent conservation area would be minimal and was outweighed by the public benefits of a safe and secure exercise area.

 

It was further noted that an objection had been received from Cycling UK as there was no new cycle network being proposed to the location of the site. The officer clarified that whilst the concerns were acknowledged, the site was positioned within an open space park that included two footpaths and that no additional cycle routes would be provided as part of the development proposal.

 

The Officer explained that the proposed signage would be non-illuminated, and the floodlights would have a condition imposed to make sure the majority were switched off by 10pm with one left on until 10:15pm to allow safe exit of the site.

 

Members asked multiple questions about the lighting which included if they would always be on, and if 10pm was too late to have them in use. It was clarified by the officer that they would only be activated during times that the play zone was being used, that the condition for the lighting was consistent with recent approvals and the light spillage would not reach any residential dwellings.

 

A question was raised about the access path via Ditchmore Lane and clarification was given that this pathway would be unaffected by the application.

 

Members sought clarification of the acronym BEAMS used in the report and officers explained that this was the Built Environment Advisory Management Service who provide advice on listed buildings and conservation areas.

 

A recorded vote* was taken on the application (25/00894/FP) 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:

MCA-MUK3521-01-D; MCA-MUK3521-02; MCA-MUK3521-03-A; MCA-MUK3521-04; MCA-MUK3521-05; MCA-MUK3521-06; MCA-MUK3521-07-A; MCA-MUK3521-08; MCA-MUK3521-09-A; MCA-MUK3521-10;

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

 

3. The external materials used in the development to which this permission relates shall be those detailed on the approved plans and in the accompanying planning submission documents unless otherwise agreed in writing by the local planning authority.

 

4. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be submitted to and

approved in writing by the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report must be submitted to and approved in writing by the local planning authority.

 

5. No demolition or construction work which 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.

 

6. The floodlights hereby permitted shall be shut off by 22:00 hours. One light column is permitted to remain on until 22:15 to allow the multi-use games area to be vacated safely.

 

7. The PlayZone hereby permitted shall not come into recreational use until suitable secure cycling storage facilities in accordance with the approved plans and documents have been installed.

 

8. The PlayZone hereby permitted shall not come into recreational use until a written Noise Management Plan has been submitted to and approved in writing by the Local Planning Authority. The contents of the Plan shall set out the physical and managerial measures for the control of noise associated with the facility. Thereafter, all agreed measures shall be maintained in perpetuity.

 

9. No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the highway. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Traffic Management Plan shall include details of:

a. Construction vehicle numbers, type, routing.

b. Access arrangements to the site.

c. Measure to minimise dust, noise machinery and traffic noise impacts during

construction.

d. Screening and hoarding details to protect neighbouring residents.

e. Traffic management requirements, including the location of routes and from the site, details of their signing monitoring and enforcement measures.

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

g. Siting and details of wheel washing facilities.

h. Cleaning of site entrances, site tracks and the adjacent public highway including end of day tidying procedures to ensure protection of the site out the hours of construction. The construction activities shall be designed and undertake in accordance with the code of best practice set out in BS 5228 1997 and the agreed details unless otherwise agreed in writing by the LPA and Highways.

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

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

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

l. 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,

pedestrian routes, and remaining road width for vehicle movements.

 

The Council has acted Pro-Actively for the following reason:-

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

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, Robert Boyle, Peter Clark, Lynda Guy, Rob Henry, Claire Parris, Ellie Plater and Carolina Veres

Against – 0

Abstentions – 0

Absent – Councillors Kamal Choudhury, Forhad Chowdhury, Coleen De Freitas, Akin Elekolusi and Nigel Williams

 

 

A recorded vote* was taken on the application (25/00895/AD) and it was RESOLVED that advertisement consent be GRANTED subject to the following conditions:

 

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

MCA-MUK3521-01-D; MCA-MUK3521-02; MCA-MUK3521-03-A; MCA-MUK3521-04; MCA-MUK3521-05; MCA-MUK3521-06; MCA-MUK3521-07-A; MCA-MUK3521-08; MCA-MUK3521-09-A; MCA-MUK3521-10;

 

2. A. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

B. No advertisement shall be sited or displayed so as to:-

i) endanger persons using any highway, railway, waterway, dock, harbour or

aerodrome (civil or military);

ii) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

iii) hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

C. Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

 

D. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

E. Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

 

*Recorded Vote

 For – Councillors Julie Ashley-Wren, Stephen Booth, Robert Boyle, Peter Clark, Lynda Guy, Rob Henry, Claire Parris, Ellie Plater and Carolina Veres

Against – 0

Abstentions – 0

Absent – Councillors Kamal Choudhury, Forhad Chowdhury, Coleen De Freitas, Akin Elekolusi and Nigel Williams