Agenda item

To consider an application for planning permission for the demolition of the existing vacant care home (Class C2) building and erection of 10 no.  dwellings (Class C3) and associated landscaping, car parks and access arrangements

The Committee were presented with the report and were shown images of the site layout, landscaping proposals and cycle and refuse storage facilities. It was noted that the site would provide ten new homes, including affordable housing. This included two-storey semi-detached houses and a three-storey block of eight flats.

 

The Vice-Chair introduced Sam Lake, a local resident of the proposed site, to address the Committee. 

 

The objector spoke about the proximity of the proposed dwellings to properties in Russell Close, disputing the separation distances referred to in the officer's report.

 

Concerns were also expressed regarding potential overlooking, loss of privacy, overshadowing, loss of outlook and the absence of a daylight and sunlight assessment. The objector considered that the proposal would have an unacceptable impact on neighbouring residential amenity and was contrary to Policy GD1.

 

The Vice-Chair introduced Liz Fitzgerald from Barker Parry Town Planning Ltd to address the Committee.

 

The Committee also heard from the applicant's agent, who supported the proposal and highlighted the benefits of redeveloping the site to provide housing, which included affordable homes.

 

It was noted that the scheme had been amended during the application process to address concerns raised through consultation. The agent advised that the Design Guide SPD provided guidance rather than policy requirements and that any minor deviation from the guidance would not necessarily justify refusal of the application.

 

The Vice-Chair thanked both speakers for their contributions and invited the Senior Planning Officer to respond.

 

The Senior Planning Officer advised that measurements had been taken using the Council’s industry standard digital mapping software. It was confirmed that the distances reported had been calculated from the submitted plans. Officers stated that they could not account for the differing measurements referred to by the objector but were satisfied that the proposal met the relevant requirements.

 

Officers advised that the site was an unallocated windfall site, and that significant weight should be afforded to the redevelopment of a previously developed brownfield site.

 

The Committee was informed that the proposal would provide affordable housing in accordance with policy requirements, together with contributions towards local training, apprenticeships and secondary education through a Section 106 Agreement.

Officers further advised that the proposal met the required standards for internal accommodation, private amenity space, parking provision and cycle storage.

 

In response to questions regarding daylight and sunlight impacts, officers advised that there was no requirement for either the applicant or the Council to undertake a daylight and sunlight assessments. It was noted that such assessments would not normally be expected for two-storey residential development within an established urban area where acceptable separation distances had been achieved.

 

Officers concluded that the benefits of delivering new housing, affordable housing and the redevelopment of a brownfield site significantly outweighed any identified harm and therefore recommended that planning permission be granted.

 

A recorded vote* was taken on the application and it was RESOLVED that planning permission be GRANTED subject to the conditions set out below and delegated authority be given to the Director of Planning and Regulation in consultation with the Chair of the Planning and Development Committee, to amend or add to the conditions subject to which the permission would be granted, where such amendments or additions would satisfy the relevant national policy tests and would most effectively deliver the development which the Committee has resolved to approve and also subject to the applicant having first entered into a S106 legal agreement to secure the following:

 

• The provision of affordable housing;

• Financial contributions for Herts County Council Education provision;

• Local Employment Apprenticeships

• SBC and HCC Section 106 monitoring fees

 

SUBJECT TO THE FOLLOWING CONDITIONS/REASONS

 

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

2161-PL01; 2161-PL03; 2161-PL04; 2161-PL05; 2161-PL06A; 2161-PL07A; 2161-PL08A; 2161-PL09A; 2161-PL11; 2161-PL02B; 2161-PL10B; B24063-101B;

 

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

 

 3         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 Monday to Friday and 08:00 hours to 13:00 hours on Saturdays. For the avoidance of doubt, no such activity shall take place on Sundays or Bank Holidays, unless otherwise agreed in writing with the Local Planning Authority.

 

4          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 a remediation strategy has been submitted to and approved in writing by the local planning authority. Where any development to which this permission relates is required to be carried out in accordance with a remediation strategy, 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.

 

 5         The development hereby approved shall be constructed in accordance with the measures to address adaptation and mitigation to climate change as laid out in the Energy Statement by Abbey Consultants dated October 2025, Reference PA-ES-HHA-45MV-24-02. These measures shall then be implemented and permanently maintained in accordance with the approved details.

 

 6         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 the building(s) or the completion of the development whichever is the sooner. In regards to hard surfacing, this shall be carried out in accordance with any approved details within three months of the first occupation of the building or the completion of the development, whichever is the sooner.

 

 7         Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

 8         The development hereby permitted shall be carried out in accordance with the ecological mitigation and enhancement measures as detailed in the Preliminary Ecological Appraisal dated October 2025, reference RT-MME-180733-04A by Middlemarch Environmental Ltd. This document shall be adhered to at all times during construction, including site clearance works, and during occupation of the development.

 

 9         Any external lighting installed at the site shall be angled so as to avoid any spillage beyond the site boundaries unless otherwise agreed in writing by the Local Planning Authority.

 

10        At least 50% of the residential units shall be Category 2: Accessible and Adaptable dwellings.

 

11        No development shall take place (including demolition and site clearance) until a construction management plan 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 management plan shall include details of the following:

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 BS5228 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;

           

 

12        HOLD FOR LLFA CONDITION

 

13        HOLD FOR LLFA CONDITION

           

14        No development shall take place (including demolition and site clearance) 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.

 

15        No development shall take place (including site clearance) until the tree protection measures as detailed in the Arboricultural Impact Assessment dated November 2025, Reference RT-MME-180733-02-Rev A by Middlemarch Environmental Ltd have been implemented accordingly. The tree protection measures shall remain in place until the development has been completed. Within the tree protection areas to be fenced off in accordance with the AIA there shall be no alteration to the ground level and they shall be kept clear of vehicles, materials, surplus soil, temporary buildings, plant and machinery.  Any trees identified as part of Condition 9 shall not be covered by this condition.

 

16        The development shall not commence until the Biodiversity Gain Plan has been prepared in accordance with the Biodiversity Net Gain Assessment dated April 2026, Reference RT-MME-180733-06-Rev B prepared by Middlemarch Environmental Ltd.

 

17        The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the 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.

 

18        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.

 

19        No development shall take place above slab level until a specification of the materials to be used in the construction of the external surfaces development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

 

20        No development shall take place above slab level until details of 6no. integrated swift boxes are submitted to and approved in writing by the local planning authority. These features must be integrated into the brickwork of the development and located in the most appropriate locations to ensure occupation. They shall be fully installed prior to occupation and retained as such thereafter.

 

21        Prior to the occupation of the dwellinghouses hereby permitted, all the parking spaces shown on the approved plans shall be provided with the underlying infrastructure for connection to the electricity network to enable them to be served by an electric vehicle charging point.

 

22        Prior to the first occupation of the development hereby permitted, the access, parking, turning and servicing areas shown on the approved plans shall be provided, marked out and hard surfaced ready for use and shall be retained in that form and kept available for those purposes thereafter.  The hardstanding areas shall be made of a porous material, or provision shall be made to direct surface water run-off water from the hardstanding to a permeable or porous area or surface within the curtilage of the building.

 

23        Prior to the first occupation of the dwellings hereby permitted, the cycle storage facilities as shown on approved plan 2161-PL10B shall be installed and be ready for use.  The approved facilities shall be maintained and retained for the lifetime of the development.

 

24        Prior to the first occupation of the dwellings hereby permitted the general waste and recycle stores as shown on approved plan 2161-PL10B shall be installed and made ready for use and retained and maintained accordingly for the lifetime of the development.

 

25        HOLD FOR LLFA CONDITION

 

26        a) Prior to the first occupation of the dwellings hereby approved, a written noise mitigation plan for the site shall be submitted in writing to, and approved by, the Local Planning Authority. The plan shall demonstrate that the layout and construction of dwellings and associated external amenity space 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:

• 35dB (LAeq,16hr) during the daytime (07:00 - 23:00) within bedrooms and living rooms;
• 40dB (LAeq, 16hr) during the daytime (07:00 - 23:00) within dining rooms;
• 30dB (LAeq,16hr) during the night (23:00 - 07:00) within bedrooms;
• 45 dB (LAmax) on more than ten occasions during any typical night (23:00 - 07:00) within bedrooms

           

            Where it is necessary to rely on closed windows to achieve the above internal noise levels then an alternative adequate means of ventilation and cooling, meeting the requirements of building regulations approved document F and O, shall be provided that do not compromise the performance of the relevant facade noise 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.

            Noise levels in external amenity spaces (except balconies) shall not exceed 55dB LAeq,16hr.

           

b) Prior to the occupation of any dwellings a detailed written compliance report confirming that the agreed mitigation measures have been implemented shall be submitted to, and approved by, the Local Planning Authority.

           

c) All agreed mitigation measures shall be retained as such for the duration of the residential use.

           

 

27        Prior to the first occupation of the development hereby approved, a detailed landscaping strategy shall be submitted to and approved in writing by the Local Planning Authority.  The strategy shall include the proposed planting palette, specifications, and ongoing maintenance arrangements/strategy for the site.

 

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

 

1          Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage which led to improvements to the scheme. 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

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:

           

            a)         a Biodiversity Gain Plan has been submitted to the planning authority, and

            b)         the planning authority has approved the plan.

           

            The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Stevenage Borough Council. 

           

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

           

            Where the local planning authority considers that the permission falls within paragraph 19 of Schedule 7A to the Town and Country Planning Act 1990, the permission which has been granted has the effect of requiring or permitting the development to proceed in phases. The modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply.

           

            Biodiversity gain plans are required to be submitted to, and approved by, the planning authority before development may be begun, and, if subject to phased development, before each phase of development may be begun (Phase Plans).

           

            If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.  The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.

           

            The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.

           

            More information can be found in the Planning Practice Guidance online at  https://www.gov.uk/guidance/biodiversity-net-gain 

 

 6         UK Power Networks

Please note there are LV underground cables on the site running within close proximity to the proposed development. Prior to commencement of work accurate records should be obtained from the Plan Provision Department at UK Power Networks, Fore Hamlet, Ipswich, IP3 8AA. 

           

All works should be undertaken with due regard to Health & Safety Guidance notes HS(G)47 (Avoiding Danger from Underground services). This document is available from local HSE office. Should any diversion works be necessary as a result of the development then enquiries should be made to our Customer Connections department. The address is UK Power Networks, Metropolitan House, Darkes Lane, Potters Bar, Herts, EN6 1AG.

 

 7         Thames Water

            Public sewers are crossing, or close to, your development. Build over agreements are required for any building works within 3 metres of a public sewer or within 1 metre of a public lateral drain. Please refer to Thames Water's guide on working near or diverting pipes: https://www.thameswater.co.uk/developers/larger-scale-developments/planning-your-development/working-near-our-pipes.  Please ensure to apply to determine if a build over agreement will be granted.  Further, permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 020 3577 9483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be

            completed on line via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section.

           

            Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk, Phone: 0800 009 3921 (Monday to Friday, 8am to 5pm) Write to: Thames Water Developer Services, Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB.

 

 8         Thames Water Wastewater Assets

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

 

 9         Hertfordshire County Council as Highways Authority

            Debris and deposits on the highway: It is an offence under section 148 of the Highways Act 1980 to deposit compost, dung or other material for dressing land, or any rubbish on a made up carriageway, or any or other debris on a highway to the interruption of any highway user.

Section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development and use thereafter are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available by telephoning 0300 1234047.

 

10        Hertfordshire County Council as Highways Authority

            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:

            http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

11        Hertfordshire County Council as Highways Authority

            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/businessanddeveloper-information/development-management/highways-developmentmanagement.aspx  or by telephoning 0300 1234047.

 

 

12        Hertfordshire County Council as Highways Authority

            Construction standards for new vehicle access: Where works are required within the public highway to facilitate the new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway.  If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.) the applicant will be required to bear the cost of such removal or alteration.  Before works commence the applicant will need to apply to the Highway Authority to obtain their permission, requirements and for the work to be carried out on the applicant's behalf.  Further information is available via the website https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/dropped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.

 

13        Hertfordshire County Council as Highways Authority

            Construction Management Plan (CMP): The purpose of the CMP is to help developers minimise construction impacts and relates to all construction activity both on and off site that impacts on the wider environment. It is intended to be a live document whereby different stages will be completed and submitted for application as the development progresses.

A completed and signed CMP must address the way in which any impacts associated with the proposed works, and any cumulative impacts of other nearby construction sites will be mitigated and managed. The level of detail required in a CMP will depend on the scale and nature of development.  The CMP would need to include elements of the Construction Logistics and Community Safety (CLOCS) standards as set out in our Construction Management template, a copy of which is available on the County Council's website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx

 

14        Environmental Protection Act 1990

            The applicant is advised of the Council's powers under Part III of the Environmental Protection Act 1990 to probit nuisances arising from dust, smoke, artificial light, and a range of other pollutants that may arise on construction sites. The applicant is advised of the Council's powers under the Control of Pollution Act 1974 to restrict noise generating construction (including demolition) activity audible beyond

            the development site boundary.

 

 

*Recorded Vote

 

For – Councillors Julie Ashley-Wren, Doug Bainbridge, Forhad Chowdhury, Peter Clark, Lynda Guy, Jody Hanafin, Jackie Hollywell, Ellie Plater, Peter Wilkins, Nigel Williams and John Blackwood.

 

Against – 0

 

Abstentions – 0

 

Absent – Councillors Rob Henry and Claire Parris.