Agenda item

To consider an application for planning permission for the demolition of the existing vacant garage block and the erection of 7no. three-bedroom dwellings

The Committee considered an application for the redevelopment of the former garage site on Broadview to provide seven three-bedroom dwellings.

 

Members were advised that, following publication of the agenda, prior approval had been granted for the demolition of the garages, and a bat survey had confirmed no evidence of roosting bats, resulting in minor amendments to the proposed conditions.

 

Members discussed the design, scale and height of the proposed dwellings, together with the relationship of the development to the surrounding area.

 

Concerns were raised regarding the use of Broxdell as an access point due to its narrow width and existing parking pressures. Officers acknowledged residents' concerns and advised that Hertfordshire Highways, who was the statutory consultee, had raised no objections to the proposal.

 

Questions were also raised regarding the impact on the Green Link and the potential loss of green space. Officers advised that the development occupied only a small proportion of the designated area and remained compliant with the relevant policies. This was because it would not sever the wildlife corridor or create a substantive break in the Green Link.

 

Officers concluded that the benefits of delivering additional housing, the reuse of a previously developed site and the significant biodiversity gains outweighed the limited policy harms identified. The application was therefore recommended for approval.

 

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.

 

SUBJECT TO THE FOLLOWING CONDITIONS/REASONS

 

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

25016su1.01-B; 25016su1.02-C; 25016su1.03-A; 25016su1.04-C; 25016wd2.01-E; 25016wd2.01-E; 25016wd2.03-B; 25016wd2.04-B; 25016wd2.05; 25016wd2.10-C; 25016wd2.11-C; 25016wd2.12-C; 25016wd2.13-C; LSDP 2482.01-A; ST-3853-801-C; ST-3853-802-C; ST-3853-800-B; 36059-1; 25038-1;

 

 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         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.

 

 5         In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken and where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be submitted to and approved in writing by the local planning authority.

 

 6         The development to which this permission relates shall be carried out in accordance with Section 5 (Sustainability Statement) of the Design and Access Statement by Kyle Smart Associates dated January 2026, unless otherwise agreed in writing by the local planning authority.

 

 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         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.

 

 

 9         No development shall take place (including site clearance) until the tree protection measures as detailed in the Arboricultural Impact Assessment Report prepared by Macintyre Trees, dated January 2026, 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.

 

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

a.    Construction vehicle numbers, type, routing;

b.    Access arrangements to the site;

c.    Traffic management requirements;

d.    Construction and storage compounds (including areas designated for car parking);

e.    Siting and details of wheel washing facilities;

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

g.    Timing of construction activities including delivery times and removal of waste, and to avoid school pick up/drop off times.

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

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

j.      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;

k.    Phasing Plan.

 

11        No development shall take place (including demolition and site clearance) until a bat survey of the site has been undertaken by a qualified ecologist and the local planning authority has been provided with a copy of the licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/development to go ahead.

 

12        No development shall take place above slab level until there has been submitted to and approved by the Local Planning Authority a scheme of soft and hard landscaping and details of the treatment of all hard surfaces.  The scheme shall include details of all existing trees and hedgerows on the land and details showing all trees to be removed, or retained, together with details of all new planting to take place including species, size and method of planting.

 

13        No development shall take place above slab level until a schedule and samples of the materials to be used in the construction of the external surfaces and hard landscaping of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and permanently retained as such thereafter.

 

14        No development shall take place above slab level until details of integrated swift bricks and bat boxes to be provided within the development have been submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved details.

15        No development shall take place above slab level until the retained trees labelled T2, T3, T4, and T5 on the approved plans, located to the front of Plots 1 to 3 on Broadview, have been crown reduced by no more than 25% by the developers qualified Arborist.

 

16        Prior to the beneficial occupation of the development to which this permission relates, the refuse stores and cycle storage as shown on the approved plans shall be provided in full. The stores shall be permanently retained as such thereafter unless otherwise agreed in writing by the local planning authority.

 

17        Prior to the first occupation of the development hereby permitted, the pedestrian and vehicular accesses and visibility splays shall be completed as per the approved plans and thereafter retained in that form for the lifetime of the development.

 

18        Prior to the first occupation of the development hereby approved, the parking spaces shall be provided and marked out in accordance with the approved plans.  Any new areas of hardstanding 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 dwellinghouse.

 

19        Prior to the first occupation of the dwellinghouses hereby permitted, all parking spaces 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.

 

20        The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Net Gain Assessment produced by Arbtech Consulting Ltd on 26 February 2026.

 

21        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.

 

22        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.

 

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 positive engagement with the applicant during the determination process 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         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.

 

 7         Environmental Health

            During the demolition and construction phase of the development, the guidance in BS5228-1:2009 (Code of Practice for Noise Control on Construction and Open Sites) should be adhered to.

 

 8         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.

 

 9         Hertfordshire County Council as Highways Authority

            Parking and Storage of materials: The applicant is advised that all areas for parking, storage, and delivery of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway.  If this is not possible, authorisation should be sought from the Highway Authority before construction works commence.  Further information is available via the website: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or 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

            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.

 

12        Hertfordshire County Council as Highways Authority

            Public Rights of Way (RoW) should remain unobstructed by vehicles, machinery, materials, tools and any other aspects of the construction during works. The safety of the public using the routes and any other routes to be used by construction traffic should be a paramount concern during works; safe passage past the site should be maintained at all times. The condition of the route should not deteriorate as a result of these works; any adverse effects to the surface from traffic, machinery or materials (especially overspills of cement & concrete) must be made good by the applicant to the satisfaction of this Authority. All materials must be removed at the end of the construction and not left on the Highway or Highway verges. Further details regarding RoW can be obtained from the RoW unit at Hertfordshire County Council. Additionally if the works to the RoW require a temporary closure then the developer should contact Rights of Way to discuss the process and costs involved.

 

13        Hertfordshire County Council as Highways Authority

            Roads to remain private: The applicant is advised that all new roads associated with this development will remain unadopted and the developer should put in place a permanent arrangement for long term maintenance. At the entrance of the new estate the road name plate should indicate that it is a private road to inform purchasers of their future maintenance liabilities. Further information is available via the website www.hertfordshire.gov.uk./services/transtreets/highways/ or by telephoning 0300 1234047.

 

14        Stevenage Borough Council Engineering Department

            The applicant is reminded of their agreement to pay the Council’s Engineering Services team a financial contribution of £4,000.00 to create a new Traffic Regulation Order and associated road markings at both access points to create “No Waiting” restrictions to protect highway safety at these points. 

 

*Recorded Vote

 

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

 

Against – 0

 

Abstentions – Councillor Forhad Chowdhury

 

Absent – Councillors Rob Henry and Claire Parris.