Agenda item

To consider the Lawful Development Certificate (Proposed) for internal alterations to dwelling and alterations to fenestration.

The Committee considered an application for a Lawful Development Certificate in respect of internal alterations and minor changes to the fenestration of a mid-terrace dwelling on Archer Road.

 

Members were advised that, although such applications were normally determined under delegated powers by the Director, the application had been brought before Committee in accordance with the Council’s Constitution due to the applicant being an employee of Stevenage Borough Council, or a family member thereof.

 

Members were further advised that the matter before them was not an assessment of the planning merits of the proposal, but solely whether the works constituted lawful development and therefore did not require planning permission.

 

The proposal included limited alterations to windows and internal reconfiguration to allow occupation by a live-in landlord and two tenants. Officers advised that, having considered the relevant planning legislation and case law, the arrangements did not amount to a material change of use or the creation of a House in Multiple Occupation (HMO), and therefore did not require planning permission.

 

It was further noted that a larger rear extension had previously been approved under prior approval procedures. Given the limited nature of the fenestration changes and the absence of a material change of use, officers recommended that a Certificate of Lawfulness be granted.

 

Members sought clarification on whether the footprint of the property would be altered as part of the current application. The presenting officer confirmed that prior approval on the extension had previously been granted in 2024 to enlarge the property. The Officer advised that the current application related solely to internal alterations and did not propose any changes to the approved footprint.

 

A recorded vote* was taken on the application and it was RESOLVED that the Lawful Development Certificate is issued subject to the following conditions:

 

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

Site Location Plan; FRONT ELEVATION; FLOOR PLANS;

 

2 Following an assessment of the proposal, it has been determined that it accords with the criteria set out in Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 (as amended). Therefore, the proposed works do not require planning permission and would be classed as permitted development.

 

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 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-explanatorybooklet

 

4 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).

 

5 Biodiversity Net Gain

Applications where Biodiversity Net Gain is not required as application is for householder permission.

 

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 which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse

which is not an application for change of use or an application to change the number of dwellings in a building.

 

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, Coleen De Freitas, Lynda Guy, Rob Henry, Claire Parris, Ellie Plater and Carolina Veres

Against – 0

Abstentions – 0

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