Agenda item

25/00620/OPM - LAND SOUTH OF A602/LAND EAST OF BRAGBURY END

To consider the full planning permission for the construction of the spine road, site accesses from the A602 and ancillary works. Outline planning permission for up to 500 dwelling units (including affordable housing and self-build plots), a mixed use local centre (Use Class C3, E and F2 space, public open and amenity space (including Children's Play), associated landscaping and ecological enhancement works, internal highways, parking, footpaths, cycleways, drainage, utilities, service infrastructure and ancillary works (With some matters reserved).

Minutes:

The Committee received a presentation from the Planning Officer on the planning application and outline grant for land South of Stevenage.

 

The Team Leader presented photographs of the site and surrounding area to the Committee, and details of the proposed highway works were provided. This included a new signalised junction to serve the development, alongside improved pedestrian and cycle connections and a bus and emergency access point.

 

Officers advised that an interim three-arm junction would be delivered initially, with provision for a fourth to enable future development of the adjoining northern parcel.

 

Members were informed that the site was allocated for housing in the Local plan under Policy H04, with proposals considered acceptable in principle. The scheme included plans showing the housing layout, play areas, landscaping, and sustainable drainage features, with detailed matters to be addressed through future reserved matters applications.

 

It was noted that the development proposed 24% affordable housing, which was subject to review mechanisms to be secured through the Section 106 contributions outlined in the recommendations. Contributions towards sports provisions, infrastructure and community facilities, would also be secured through the Section 106 agreement. Officers explained that the provision of a neighbourhood centre and GP surgery would be secured through planning obligations.

 

It was further noted that the application had attracted numerous objections, including a petition, with key concerns relating to highways, infrastructure and environmental impacts, which had been considered in the Officer’s report.

 

Officers confirmed that ecological, heritage, sustainability and amenity impacts had been assessed and were considered acceptable, subject to the conditions.

 

Officers concluded by recommending that planning permission be granted, subject to the conditions and the completion of a Section 106 agreement as set out in the report and addendum.

 

The Committee considered the appraisal section of the report and questions were raised regarding the biodiversity and ecology lost due to the proposed development. Officers advised that the development would result in a loss of approximately ten habitat units on site, but the required biodiversity net gain would be achieved through off-site units in accordance with national regulations.

 

Officers also provided Members with transport data relating to the anticipated trip generation from the development during peak hours.

 

In response to questions regarding flooding and drainage, it was noted that there remained an outstanding objection from the Lead Local Flood Authority. Members were advised that, should planning permission be granted, the decision notice and Section 106 agreement would not be finalised until the drainage matters had been resolved and appropriate conditions secured.

 

In relation to the climate change and sustainability appraisal section, Officers confirmed that the development would include electric vehicle charging infrastructure in accordance with policy and building regulations, with detailed provision to be secured through conditions and future reserved matters applications.

 

Questions were raised regarding reference to unexploded ordnance on the site, and Officers advised that a preliminary risk assessment had been undertaken as part of a standard practice for developments of this scale and had identified the risk as very low.

 

The Committee discussed infrastructure provision, including healthcare and education contributions. Officers advised that, despite consultation, no formal response had been received from the NHS regarding additional healthcare requirements, although provision for a GP surgery was included in the proposals and would be secured through the Section 106 agreement.

 

Members were also informed that Hertfordshire County Council had requested contributions towards secondary education but had not identified a requirement for primary education contributions at this time. It was further noted that the development would also be liable to pay Community Infrastructure Levy (CIL) contributions, which could support wider infrastructure including education.

 

Questions were raised regarding the topography of the site and noted whether the land would be levelled or whether the natural contours of the site would be retained. Officers advised that, whilst the overall parameters of the scheme could not be altered at this stage, a condition could be imposed requiring the submission of further details on existing and proposed levels as part of the future reserved matters applications.

 

Councillor Ashley Wren proposed the addition to the condition, which was seconded by Councillor Guy and agreed by the Committee. The Committee then proceeded to the final vote on the application, incorporating the agreed condition which was:

 

As part of any reserved matters application as required under condition 4, a full site survey showing: the datum used to calibrate the site levels; levels along all site boundaries; levels across the site at regular intervals and floor levels of adjoining buildings; full details of the proposed finished floor levels of all buildings and hard landscaped surfaces. The development, as approved as part of any reserved matters application, shall be carried out in accordance with the approved details.

REASON: To ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties.

 

As part of any reserved matters application as required under condition 4, full details of the finished levels, above ordnance datum, of the ground floor(s) of the proposed building(s), in relation to existing ground levels. The development as approved as part of any reserved matters application, shall be carried out in accordance with the approved levels.

 

REASON: To ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties

 

A recorded vote* was taken on the application and it was RESOLVED that planning permission be GRANTED subject to the imposition of suitable safeguarding conditions, the detail of which would be delegated to the Director of Planning and subject to planning obligations to secure/provide contributions towards: 

  • Affordable housing - provision of affordable housing to be secured on site, with the final proportion, tenure mix, and delivery mechanism to be agreed through the S106 agreement, having regard to viability and relevant policy requirements and / or a financial contribution in lieu of £3m.  
  • Secondary education contribution 
  • Bus service provision contribution 
  • An appropriate trigger for S278 off-site highway works 
  • Travel Plan evaluation and support fee 
  • Sustainable travel vouchers  
  • Cycle hire contribution of £25,000 and relevant infrastructure as required 
  • Outdoor and indoor sports provision contribution 
  • Local Employment and Apprenticeships  
  • Management company for administration of all common and public areas, including SuDS 
  • Maintenance and management bonds  
  • Monitoring fees for SBC and HCC. 

 

 9.2      Authority would be given to the 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:

 

Conditions 

1          Approved Parameter Plans 

The development hereby permitted shall be carried out in accordance with the following approved Masterplan and parameter plans unless otherwise agreed in writing:  

23057su1.01C; 23057su1.02C; 23057wd2.01J; 23057wd2.02D; 23057wd2.03A; 23057wd2.04A; 23057wd2.05B; 23057wd2.06B; 23057wd2.07A; 23057wd2.08A; 23057wd2.10; 23057wd2.11; 23057wd2.12; 23057wd2.13; 23057wd2.14; 23057wd2.15; 23057wd2.16; 23057wd2.17; 2835-LLA-ZZ-OO-DR-L-001;  

 

 2         Approved Plans for Access junction and spine road 

The development hereby permitted for the access junction and main spine road serving the development shall be carried out in accordance with the plans/drawings listed below unless otherwise agreed in writing: 

23057su1.04A; 2835-LLA-ZZ-OO-DR-0001; 2835-LLA-ZZ-OO-DR-L-0201 P04; 2835-LLA-ZZ-OO-DR-L-0202 P04; 2835-LLA-ZZ-OO-DR-L-0203 P04; 2835-LLA-ZZ-OO-DR-L-0204 P04; 2835-LLA-ZZ-OO-DR-L-0205 P02; 2835-LLA-ZZ-OO-DR-L-0301 P01; P24892-PL-01 SHEET 1; P24892-PL-01 SHEET 2; ST-3600-700 D; ST-3600-704 I; ST-3600-730 A; ST-3600-740 C; ST-3600-750 A; 2835-LLA-ZZ-OO-DR-L-0200 P04 

 

3          Three Year Time Limit - Detailed (Spine Road and site accesses from the A602) 

The part of the development for which full planning permission (Construction of the spine road, site accesses from the A602 and ancillary works) has been granted shall be begun within a period of three years, failing which the permission shall be of no effect.  

 

4          Details of Reserved Matters - Outline  

Outline permission is granted as outlined in the application submission, no development in relation to delivery of up to 500 dwelling units (including affordable housing and self-build plots), a mixed use local centre (Use Class C3, E and F2 space, public open and amenity space (including Children's Play), associated landscaping and ecological enhancement works, internal highways, parking, footpaths, cycleways, drainage, utilities, service infrastructure and ancillary works shall commence until detailed plans for those phase(s) have been submitted to and approved in writing by the Local Planning Authority. These plans will show the layout (including car parking provision, access and servicing arrangements, and waste management), scale (including existing and proposed levels), design and external appearance of the phase to be constructed and the landscaping (including, hard and soft landscape, street furniture etc), to be implemented (hereinafter referred to as "the Reserved Matters"). The development shall only be carried out as approved.  

 

As part of any reserved matters application as required under condition 4, a full site survey showing: the datum used to calibrate the site levels; levels along all site boundaries; levels across the site at regular intervals and floor levels of adjoining buildings; full details of the proposed finished floor levels of all buildings and hard landscaped surfaces. The development, as approved as part of any reserved matters application, shall be carried out in accordance with the approved details.

 

REASON: To ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties.

 

As part of any reserved matters application as required under condition 4, full details of the finished levels, above ordnance datum, of the ground floor(s) of the proposed building(s), in relation to existing ground levels. The development as approved as part of any reserved matters application, shall be carried out in accordance with the approved levels.

 

REASON: To ensure a satisfactory relationship between the various components of the development and between the site and adjoining land. To ensure that construction is carried out at a suitable level having regard to drainage, access, the appearance of the development, any trees or hedgerows and the amenities of neighbouring properties

 

5          Time Limit for Reserved Matters - Outline 

All applications for the approval of the Reserved Matters for each phase or combination of phases (Construction of the spine road, site accesses from the A602 and ancillary works) shall be made to the Local Planning Authority not later than three (3) years from the date of this Outline permission. The commencement of development shall be begun not later than the expiration of two (2) years from the date of approval of the last reserved matters to be approved, whichever is the later. 

 

6          Maximum number of residential units  

The maximum number of residential units on the site shall be restricted to 500 units, unless otherwise agreed in writing by the Local Planning Authority. 

 

7          Neighbourhood centre  

The neighbourhood centre hereby permitted, shall be up to no more than 500sq.m Use Class E space, unless otherwise agreed through the reserved matters process. 

 

8          Housing 

All reserved matters applications relating to residential development shall be accompanied by an updated accommodation schedule, setting out the type, size, tenure, accessibility and adaptability, as well as a cumulative total based on previous permissions. Plot numbers shall be consistent from over version to the next to ensure each plot can be individually identified across the lifetime of the development. The housing mix as detailed in each subsequent reserved matters application shall include details of market and affordable housing as well as the self-build plots.  

 

9          PD restrictions - Neighbourhood Centre 

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 within the neighbourhood centre shall be used for Use Classes E (Including GP Surgery) only of the schedule to the Town and Country Planning (Use Classes) Order 1987 and for no other purposes (including Use Class C3 - Residential or for employment based uses such as offices, research and development and light industrial as well as other services falling within Use Class E), unless otherwise agreed in writing or approved by way of separate planning permission 

 

10        PD restrictions on satellite equipment 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no external telecommunications equipment or infrastructure shall be erected to any built development within the development site, other than those expressly authorised by this permission. 

 

11        Telecommunications/Satellite Strategy 

Prior to occupation of each phase(s) 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. 

 

12        PD restrictions on dwellinghouses 

Notwithstanding the provisions of Classes A, B and C of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revising, revoking or re-enactive that Order with or without modification) no internal or external alterations shall take place to any garage, which would preclude its use for housing motor vehicles and/or bicycles, no loft conversions including dormer windows / roof extensions, or roof lights and openings shall be constructed on the dwellinghouse(s) hereby permitted unless permission is granted on an application made to the Local Planning Authority.  

 

13        Control of emissions 

Prior to the first occupation of the non-residential units to be used within the neighbourhood centre hereby permitted a scheme for the installation of equipment to control the emission of fumes and smell from the premises including any air conditioning equipment, for that relevant phase shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the first occupation of these units. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions. 

 

14        Noise Levels - Mechanical Equipment or Plant 

Prior to the construction of any dwelling a written noise impact assessment for the site shall be submitted in writing to, and approved by, the Local Planning Authority. The report shall demonstrate that the layout and construction of dwellings reflects good acoustic design together with details of appropriate mitigation measures, where required, so that internal and external noise levels specified below will not be exceeded: Room type Daytime (07:00 to 23:00) Night time (23:00 to 07:00) Living room 35 dB LAeq, 16hour - Dining room 40 dB LAeq, 16hour - Bedroom 35 dB LAeq, 16hour 30 dB LAeq, 8hour 45dB LAmax - no more than 10 times per night Where it is necessary to rely on closed windows to achieve the above internal noise levels then an alternative adequate means of ventilation or cooling, meeting the requirements of building regulations approved document F and O, shall be provided that do not materially compromise the performance of the relevant façade sound insulation. Where mechanical ventilation is proposed it should, in normal operation, achieve compliance with NR20 in bedrooms between 23:00 to 07:00 and NR25 in all habitable rooms between 07:00 to 23:00. External amenity spaces provided for the sole use of the occupiers of the dwellings shall be designed to achieve the lowest practicable noise levels and have a target of not exceeding 55dB LAeq,16hr. 1(b) All agreed mitigation measures shall be implemented, retained, and maintained for the life of the approved use.

 

15        Noise Management Plan

Construction of the dwellings hereby permitted shall not take place until a written management plan detailing how noise arising from mechanical air ventilation, heating, and cooling plant is be mitigated has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the plant authorised by the written management plan as regards noise control has been installed and commissioned in strict accordance with the approved management plan. All agreed mitigation measures shall be retained and maintained for the life of the approved use.  

 

16        No plant/equipment affixed to external face of buildings 

Unless agreed through the approval of Reserved Matters pursuant to Condition 4, through the detail approved under application for or through any future application in relation to the construction of the spine road, site accesses from the A602 and ancillary works, no plant or equipment shall be affixed to any external face of a building or added to the roof of the building. 

 

17        Noise Mitigation Measures 

Notwithstanding the details submitted in the Noise Impact Assessment by ACA     Acoustics Limited (reference 241113-R001B, dated 18/7/2025) no development above slab level shall take place until a further Noise Impact Assessment has been submitted to and approved in writing by the local planning authority. The NIA shall ensure it covers the following possible noise sources and shall provide appropriate mitigation measures –  

  • The Chequers public house, a licensed premises, to the northwest of the development site  
  • Skate park or other recreational facilities  
  • Plant noise associated with local centre  
  • Operational noise, e.g. deliveries, associated with local centre. 

18        Hours of operation 

Prior to the first occupation of the non-residential units of the development hereby permitted (retail, commercial) located within the neighbourhood centre, details of the hours of operation of the non-residential units shall be submitted to and approved in writing by the Local Planning Authority. The non-residential units shall thereafter be occupied solely with the approved details.

 

19        Construction hours of working 

No demolition, construction or maintenance activities audible at the boundary and no deliveries of construction and demolition materials shall be undertaken outside the hours 07:30 hours to 18:00 hours Mondays to Fridays, 08:00 hours to 13.00 hours on Saturdays and shall not operate on a Sunday or Bank Holiday, unless otherwise agreed in writing with the Local Planning Authority.  

 

20        New Access  

 

Prior to first occupation of the development hereby permitted, the vehicular and/or pedestrian and cyclist accesses shall be provided and thereafter retained at the position shown on the approved plan drawing number(s):  

ST-3600-750-A, Means of Access - Interim Access Option; and  

ST-3600-704-G, Means of Access - Bus Gate and Emergency Access.  

 

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.  

 

21        Highway Improvements - Offsite (Part A)  

 

Notwithstanding the details indicated on the submitted drawings, no on-site works above slab level shall commence until a detailed scheme for the offsite highway improvement works as indicated on drawing numbers as set out below have been submitted to and approved in writing by the Local Planning Authority.  

 

i. 730, Proposed Northwestern Cycle Connection  

 

22        Highway Improvements – Offsite (Part B) (Implementation / Construction)  

 

Prior to the first occupation of the development hereby permitted the offsite highway improvement works referred to in Part A of this condition shall be completed in accordance with the approved details.  

 

23        Public Transport Infrastructure  

 

Prior to the first occupation of the development, details of the public transport infrastructure shall be submitted to and approved in writing by the Local Planning Authority. This infrastructure shall comprise of but is not limited to the following:  

  • Details of bus stop facilities to include raised height kerbs and shelters and real-time information signs, where agreed; and  
  • A programme for the delivery of the public transport infrastructure.  

 

The public transport infrastructure required to serve a particular Phase, as approved by the Local Planning Authority, shall be implemented in accordance with the approved programme for delivery for that element.  

 

24        Construction Traffic Management Plan  

 

No development shall commence until a Construction Traffic Management Plan (in accordance with the best practice guidelines as described in the Construction Logistics and Community Safety (CLOCS) Standard), has been submitted to and approved in writing by the Local Planning Authority. 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:  

 

i. Phasing of the development of the site, including all highway works;  

ii. Construction vehicle numbers, type, routing;  

iii. Traffic management requirements;  

iv. Construction and storage compounds (including areas designated for car parking); v. Siting and details of wheel washing facilities;  

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

vii. Timing of construction activities to avoid school pick up/drop off times; and  

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

 

25        Monitoring  

 

Prior to commencement of any development the submission and agreement of a mechanism of continual review of the transport impacts of the development to include (but not be restricted to) the installation of traffic counters upon each access, travel plan monitoring and regular dialogue between Developer, Local Planning Authority and Highway Authority. The findings of this work shall be shared between all interested parties with a view to remedying any problems arising directly from the construction or occupation of the development.  

 

26        Travel Plan 

 

Prior to the occupation of the first dwelling, an updated site wide Full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall make provision for relevant surveys, review and monitoring mechanisms, targets, further mitigation if required, timescales, phasing programme and on-site management responsibilities. Thereafter, the Travel Plan shall be implemented and be subject to regular review in accordance with the above details.  

 

27        Estate Road Condition  

 

No development shall be occupied until full details have been submitted to and approved in writing by the Local Planning Authority in relation to the proposed arrangements for future management and maintenance of the proposed streets within the development. (The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a Private Management and Maintenance Company has been established).  

 

28        Site Layout - Outline  

 

For the area of development for which Outline permission is granted (as outlined in Drawing Number: 23057wd2.01 Rev H), no development, apart from enabling works and earthworks, shall commence until detailed plans for that Phase have been submitted to and approved in writing by the Local Planning Authority. These plans will show the access, layout, scale, design, internal layout, and external appearance of the buildings to be constructed and landscaping to be implemented (hereinafter referred to as "the Reserved Matters") on that Phase. The development shall only be carried out as approved.  

 

29        Detailed Highways Plans – Outline  

 

Prior to the commencement of the development, full details in relation to the design of estate roads (in the form of scaled plans and / or written specifications) shall be submitted to and approved in writing by the Local Planning Authority to detail the following:  

 

a. Roads;  

b. Footways  

c. Cycleways (compliant with LTN 1/20);  

d. External public lighting;  

e. Minor artefeacts, structures and functional services;  

f. Foul and surface water drainage;  

g. Visibility splays;  

h. Access arrangements including temporary construction access  

i. Hard surfacing materials;  

j. Parking areas for vehicles and cycles;  

k. Loading areas; and  

l. Turning and circulation areas.  

 

The development shall be implemented in accordance with those approved plans.  

 

 

30        Construction Environmental Management Plan 

Prior to the commencement of the development to which this permission relates   (including any demolition or site clearance), a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include details of:  

a) hours of working (including deliveries and waste removal);  

b) all plant necessary for construction and demolition;  

c) noise and vibration mitigation measures with particular attention paid to piling, power floating, and vacuum excavation activities where these activities are to be undertaken;  

d) dust and smoke mitigation measures; e) site lighting and off-site mitigation measures. The development shall then be carried out in accordance with the approved CMP at all times.  

 

31        Remediation Strategy 

 

Prior to any construction works to which this permission relates the results of a phase      2 site investigation together with 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 remediation strategy.  

 

 

32        Previously Unidentified Contamination 

 

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.  

  

33        Remediation Verification Report

           

Where any development to which this permission relates is required to be carried out in accordance with a remediation strategy 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.  

 

34        External lighting      

 

Prior to relevant works in any forthcoming phase of development, details of any external lighting to be installed on any building(s) or external amenity spaces outside the highway works associated with the full planning permission hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved external lighting shall be provided before that phase of development is occupied.  

 

35        Bird and Bat Boxes 

 

Prior to relevant works in any forthcoming phase of development, a strategy for the siting and maintenance of permanent nesting and roosting boxes within the façade and roof ledges of built structures 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 buildings. 

 

36        Phase 2 Protective Species Survey (Outline) 

 

All reserved matters applications shall be accompanied by up-to-date phase 2 protected species surveys. No survey shall be more than two years as of the date of the application submission unless it can be otherwise demonstrated to remain relevant/valid and shall ideally be carried out in the survey season immediately prior to the submission of the application.  

 

37        Tree protection measures (Phase 1) 

 

No development, including site clearance, shall commence until the trees, woodlands and hedges as specified in the Arboricultural Impact Assessment, prepared by Thomson Environmental Consultants (dated 27th June 2025, report reference:- KYL001-001 002) to be retained on the site have been protected by fencing in accordance with the details specified in the Arboricultural Impact Assessment and BS5837:2012 'Trees in relation to design, demolition and construction'. All protective measures, including the fencing and ground protection, must be put in place first, prior to any other work commencing on each relevant phase (this includes vegetation clearance, ground-works, vehicle movements, machinery / materials delivery etc.) and shall thereafter be maintained in place in good functional condition until the development of that phase is entirely complete and until, with the exception of soft landscaping works, all contractors, equipment and materials have left the site, unless otherwise agreed in writing by the Local Planning Authority.   

 

Once erected, the Local Authority Tree Officer shall be notified so the fencing can be inspected and approved. The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, service runs, water-logging, changes in level, building materials and all other operations, personnel, structures, tools, storage and materials, for the duration of the construction phase. 

 

38        Tree Protection measures (Outline) 

 

Each reserved matters application submitted where trees are affected by the development in that particular phase(s) shall be supported by an Arboricultural Method Statement in accordance with British Standards for the protection of trees which are to be retained where such a scheme accords with the relevant British Standards. The approved scheme for the protection of existing trees shall be implemented in each respective phase before development commences in any given phase and be maintained in full until the development is completed, unless otherwise agreed in writing by the Local Planning Authority.  

 

39        Tree Protection Measures 

 

Within the areas to be fenced off in accordance as required under condition 37, The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, service runs, water-logging, changes in level, building materials and all other operations, personnel, structures, tools, storage and materials, for the duration of the construction phase. 

 

40        Tree Removals 

 

No removal of trees, scrubs or hedges shall be carried out on site between 1st March and 31st August inclusive in any year, unless a pre-works survey of the vegetation to be removed and surrounding vegetation, is undertaken immediately prior to removal by a suitable qualified Ornithologist, and approved confirmed by the Local Planning Authority.  

 

41        Archaeology 

 

No development (including demolition) shall take place until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and: 

 

1. The programme and methodology of site investigation and recording  

2. The programme and methodology of site investigation and recording, preservation in situ of heritage assets and no dig areas as required by the evaluation  

3. The programme for post investigation assessment  

4. Provision to be made for analysis of the site investigation and recording  

5. Provision to be made for publication and dissemination of the analysis and records of the site investigation  

6. Provision to be made for archive deposition of the analysis and records of the site investigation  

7. Provision to be made for public engagement and interpretation  

8. Nomination of a competent person or persons/organisation to undertake the works set out within the Archaeological Written Scheme of Investigation. 

 

42        Archaeology 

 

The development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition 42. 

 

 

43        Archaeology 

 

The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 37 and the provision made for analysis and publication where appropriate. 

 

44        Energy and Sustainability Statement (Outline) 

 

Each reserved matters application submitted shall include an Energy and Sustainability Statement detailing requirements of how the building(s) in each respective phase(s) are adaptable to climate change (detailing renewable energy technologies as well as detailing measures to control overheating and cooling demand in the building(s), to be submitted to and approved in writing by the Local Planning Authority. The details shall also include a management and maintenance strategy/schedule for the operation of the technologies, a servicing plan (if applicable) and a noise assessment (if applicable). The measures for adaptation to climate change as well as managing overheating and cooling shall be implemented in accordance with the approved details.  

 

45        Refuse and Recycling (Outline) 

 

Each reserved matters application submitted pursuant to condition 4, shall include details of general waste and recycling facilities which shall be submitted to and approved in writing by the Local Planning Authority. The general waste and recycling facilities shall be in accordance with the approved details prior to the first occupation of the building(s) in any forthcoming phase(s).  

 

46        BNG Plan 

                                     

The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Net Gain Assessment dated August 2024 and prepared by RPS Group. 

              

47        Habitat Management and Monitoring Plan   

 

The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including: 

  

(a) a non-technical summary; 

(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP; 

(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; 

(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and 

(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority has been submitted to, and approved in writing by, the local planning authority. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP. 

  

48        HMMP Notice 

             

Notice in writing shall be given to the Council when the: 

  

(a)  HMMP has been implemented; and 

(b) Habitat creation and enhancement works as set out in the HMMP have been completed. 

 

49        Active Design principles  

 

For each parcel/phase of development for which Outline permission is granted, no development in relation to that parcel/phase shall commence until details have been submitted and approved in writing by the Local Planning Authority to demonstrate how Active Design principles have been met. 

 

50        Hard and soft landscaping (Outline) 

 

Each reserved matters application submitted pursuant to condition 4, shall include details hard and soft landscaping which shall be submitted to and approved in writing by the Local Planning Authority. The general hard and soft landscaping shall follow the principles established in Phase 1 and be in accordance with the approved details prior to the first occupation of the building(s) in the particular phase(s).  

 

51        Play areas and pump track  

 

Prior to first occupation of any phase of the development hereby permitted, details of all proposed play equipment shall be submitted to the local planning authority for approval. Proposals should broadly follow the strategy set out within the Design and Access Statement and should follow best practice guidance. For each phase details should include the following: 

a. Details of proposed equipment and layout for all 'incidental' play shall include proposed location, surfacing (if required), associated seating, fencing (if required) etc.   

b. Details of proposed equipment and layout for all 'equipped' play areas (LEAPs etc), to include proposed location, safety surfacing and fall zones (if required), seating, fencing (if required) and associated seating, bins etc. Details shall include any proposed grassed areas, planting, within any particular play area. Equipped play areas shall be designed to include accessible play equipment and a wide range of activities for children of differing ages and abilities.  

c. Details of proposed running/fitness routes and associated signage/wayfinding shall be provided.  

d. Details of the proposed management and maintenance of play equipment shall be clearly set out including programme of monitoring, repair and replacement of any surface or equipment.  

 

Upon approval, incidental play features/areas shall be provided in the agreed location as part of the agreed programme for each area of open space. The provision of equipped play areas (LEAPs etc) shall be provided in accordance with the stipulations within the S106 agreement.  

 

52        External materials 

 

Before any above-ground work is commenced on any individual 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)        External rainwater goods where permitted.  

 

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

 

53        Fire Hydrants 

 

No works above building foundations shall take place until a scheme for the provision of adequate water supplies and fire hydrants, necessary for firefighting purposes at the site, has been submitted to and approved in writing by the Local Planning Authority.  The development shall not be occupied until the scheme has been implemented in accordance with the approved details.  

 

54        Service and Delivery Plan 

 

Prior to the occupation of each phase of the development, the applicant shall submit a Servicing and Delivery Plan for that relevant phase(s). This plan is to be submitted and approved in writing by the Local Planning Authority. The Servicing and Delivery Plan shall contain the delivery and servicing requirements, waste collection points for the proposed use, a scheme for coordinating deliveries and servicing for the proposed development, areas within the development site that will be used for loading and manoeuvring of delivery and servicing vehicles, and access to from the site for delivery and servicing vehicles. The details shall include waste vehicle circulation route and constructed in accordance with the approved details. Thereafter the routes shall be maintained in accordance with those approved details.  

 

55        Parking Provision 

 

Prior to the first occupation or use of the outline phase of the development hereby permitted, the proposed access, onsite car and cycle parking, servicing / loading, unloading / turning /waiting area(s) for the relevant phase(s) shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan(s) and retained thereafter available for that specific use, unless otherwise agreed in writing by the Local Planning Authority.  

 

56        EVCP 

 

Prior to the occupation of each phase, details of Electric Vehicle Charging Points in that phase to include provision for at least 20% of the car parking spaces to be designated for plug-in Electric Vehicles have been submitted to and approved in writing by the Local Planning Authority. The approved Electric Vehicle Charge Points shall be installed in accordance with the approved details and thereafter permanently retained. 

 

57        Accessible and Adaptable Dwellings 

At least 50% of the residential units shall be Category 2: Accessible and Adaptable dwellings in accordance with Policy HO11 of the Stevenage Borough Local Plan 2011 - 2031 (adopted 2019). 

 

 58       Vehicle Incursion Measures 

 

 Prior to the first occupation or use of the outline phase of the development hereby permitted, details of vehicle incursion measures to prevent vehicles from accessing    the railway line shall be submitted to and approved in writing by the local planning authority. The details shall ensure the securing of the design and installation of suitable vehicle incursion measures, and these measures shall remain in place for the perpetuity of the development. 

 

 59       Site Waste Management Plan 

           

No development shall take place until a Site Waste Management Plan (SWMP) for the site has been submitted to the Local Planning Authority and approved in consultation with the Waste Planning Authority. The SWMP should aim to reduce the amount of waste produced on site and should contain information including estimated types and quantities of waste to arise from construction and waste       management actions for each waste type. The development shall be carried out in             accordance with the approved SWMP.  

 

60        Badger Survey 

 

No development shall take place until a further Badger Survey has been completed and submitted to and approved in writing by the local planning authority. The Survey shall be completed as recommended by the Badger’s Trust Badger Protection: Best Practice Guidance for Developers, Ecologists and Planners (England)(2023). The survey will also include an assessment of whether setts within the railway boundary are in use and whether these setts consistently use the development site for foraging. 

 

61        Health Impact Assessment 

  

No development shall take place until a Health Impact Assessment (HIA) has been submitted to and approved in writing by the local planning authority. The HIA must:???  

  • consult Public Health and the planning authority on its scope.???  
  • have robustly considered health inequalities and demonstrate an understanding of how health inequalities apply in the context of the development proposal.???  
  • have clearly and appropriately identified vulnerable populations as part of the HIA process (see Population Group Checklist9 for example).???  
  • have utilised relevant local health profiles and other appropriate community data, preferably down to ward level where possible.???  
  • be robust in its consideration of the wider determinants of health and can demonstrate understanding of what these are in the context of the development proposal and wider communities.???  
  • be balanced in its findings.??

??  

 To ensure the completeness and quality of the Health Impact Assessment:  

(a) the developer must ensure that the Health Impact Assessment is prepared by             competent experts; and  

(b) the Health Impact Assessment must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts.?? 

 

62        Grampian Condition

Not to commence the Development (or any part thereof) (except for surveying, testing, sampling, soil tests, ground investigations, and archaeological investigations) unless and until all parties with any legal or equitable interest within all parts of the site (including but not limited to all freehold and leasehold owners and mortgagees and chargees) have entered into an agreement pursuant to section 106 of the Town and Country Planning Act 1990 (as amended) substantially in the form of the draft Section 106 Agreement attached to this planning permission with the effect that all of the land subject to the planning application (excluding any highways land) is bound by the planning obligations contained in the Section 106 Agreement.

 

INFORMATIVES 

 

Affinity Water –

 

There are potentially water mains running through or near to part of proposed development site. If the development goes ahead as proposed, the applicant/developer will need to get in contact with our Developer Services Team to discuss asset protection or diversionary measures. This can be done through the My Developments Portal (https://affinitywater.custhelp.com/) or aw_developerservices@custhelp.com. Due to its location, Affinity Water will supply drinking water to the development in the event that it is constructed. Should planning permission be granted, the applicant is also advised to contact Developer Services as soon as possible regarding supply matters due to the increased demand for water in the area resulting from this development. To apply for a new or upgraded connection, please contact our Developer Services Team by going through their My Developments Portal (https://affinitywater.custhelp.com/) or aw_developerservices@custhelp.com. The Team also handle C3 and C4 requests to cost potential water mains diversions. If a water mains plan is required, this can also be obtained by emailing maps@affinitywater.co.uk. Please note that charges may apply. 

 

Network Rail –

 

Fail Safe Use of Crane and Plant 

All operations, including the use of cranes or other mechanical plant working adjacent to 

Network Rail’s property, must at all times be carried out in a “fail safe” manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 4.0m of the railway boundary. 

 

With a development of a certain height that may/will require use of a crane, the developer must bear in mind the following. Crane usage adjacent to railway infrastructure is subject to stipulations on size, capacity etc. which needs to be agreed by the Asset Protection Project Manager prior to implementation. 

  

Excavations/Earthworks/Underground Workings 

All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must 

be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Asset Protection. 

  

Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may be affecting underground workings next to the railway, consultation with the Asset Protection Engineer and the Network Rail Principal Mining Engineer should be undertaken. Network Rail will not accept any liability for any settlement, disturbance or damage caused to any development by failure of the railway infrastructure nor for any noise or vibration arising from the normal use and/or maintenance of the operational railway. No right of support is given or can be claimed from Network Rails infrastructure or railway land. 

 

 

 

Security of Mutual Boundary 

Security of the railway boundary will need to be maintained at all times. If the works require 

temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Interface Manager. 

 

Vibro-impact Machinery 

Where vibro-compaction machinery is to be used in development, details of the use of such 

machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works. Where the works have the potential to introduce ground movements, Network Rail may require the monitoring of track and other assets, the works shall only be carried out in accordance with the approved method statement and design. 

  

Scaffolding 

Any scaffold which is to be constructed within 10 metres of the railway boundary fence and has the potential to collapse within 4 meters of the Network Rail boundary must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed. Approval of the method statement and design must be obtained from Network Rail’s Asset Protection Engineer. 

   

Abnormal Loads 

From the information supplied, it is not clear if any abnormal loads will be using routes that include any Network Rail assets (e.g. bridges and level crossings). We would have serious reservations if during the construction or operation of the site, abnormal loads will use routes that include Network Rail assets. Network Rail would request that the applicant contact our Asset Protection Interface Manager to confirm that any proposed route is viable and to agree a strategy to protect our asset(s) from any potential damage caused by abnormal loads. I would also like to advise that where any damage, injury or delay to the rail network is caused by an abnormal load (related to the application site), the applicant or developer will incur full liability. 

  

Two Metre Boundary 

Consideration should be given to ensure that the construction and subsequent maintenance 

can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail’s adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail’s boundary. This will allow construction and future maintenance to be carried out from the applicant’s land, thus reducing the probability of provision and costs of railway look-out protection, supervision and other facilities necessary when working from or on railway land. 

 

ENCROACHMENT 

The developer/applicant must ensure that their proposal, both during construction, and after 

completion of works on site, does not affect the safety, operation or integrity of the operational 

railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail airspace and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or airspace is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal. 

  

Access to the Railway 

All roads, paths or ways providing access to any part of the railway undertaker’s land shall be kept open at all times during and after the development. 

 

HCC Highways –

 

AN1) 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.  

 

AN2) 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. 

 

AN3) 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.

 

AN4) S106 Agreement. A Section 106 agreement will be required for the following:  

i. Approved Travel Plan(s), with individual monitoring fees (and contributions for remedial actions should targets be missed), in accordance with the current HCC Travel plan guidance document for business, residential and education development (March 2020). £6k (ex. indexation) monitoring fee for residential use £1.2k p.a. (five years’ of monitoring);  

ii. Sustainable Travel Voucher Contribution  

iii. Bus service (and bus gate/ANPR system contribution) 

 

AN5) 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 Sections 38 and 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.

 

Sport England –

 

Consideration should be given to using the Active Design checklist in Sport England’s Active Design Guidance to assess reserved matters planning applications. 

 

The Environment Agency –

 

Flood Risk Activity Permit The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:

  • on or within 8 metres of a main river (16 metres if tidal)
  • on or within 8 metres of a flood defence structure or culvert including any buried elements (16 metres if tidal)
  • on or within 16 metres of a sea defence
  • involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
  • in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it’s a tidal main river) and you don’t already have planning permission.

 

For further guidance please visit https://www.gov.uk/guidance/flood-risk-activitiesenvironmental-permits or contact our National Customer Contact Centre on 03702 422 549 or by emailing enquiries@environment-agency.gov.uk. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.

 

Crime Prevention Officer –

 

Prior to construction the applicant will contact the Hertfordshire Constabulary CPDS with a view to seeking to achieve accreditation to the Police preferred minimum security standard that is Secured by Design. Reason: To ensure that the development is compliant with both National and Local Planning Policies, in addition, this will also demonstrate the discharge of obligations under Approved Document Q Security of Building Regulations.

 

*Recorded Vote

 

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

 

Against – Councillor Rob Henry

 

Abstentions – 0

 

Absent – Councillors Robert Boyle, Peter Clark and Nigel Williams.

 

Supporting documents: